Terms of Use

Last Updated: September 09, 2026

1. WHO WE ARE; THESE TERMS OF USE; CERTAIN DEFINITIONS 
Thank you for using CashorTrade! CashorTrade is a digital platform that connects sellers and buyers (each, a User) of event tickets and passes (Tickets) and event-related merchandise via its website (cashortrade.org), its mobile application(s), and/or any current or future associated platforms (collectively, the Site).

The terms CashorTrade, we, us, and our refer to Cash or Trade, Inc., a Delaware corporation. The terms you and your refer to any person accessing and/or using the Site. We provide the Site to you expressly subject to these Terms of Use. Terms of Use or Terms means this document together with our Privacy Policy (available at cashortrade.org/about/privacy-policy) and our Traders Protection Guarantee. Your use of the Site signifies that you agree to the Terms. If you do not or are unable to agree to these Terms, do not use the Site.
We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. Any updates to the Terms that are published in the mobile app might be delayed due to the need for prior third-party (e.g., Google or Apple) review. In such cases the governing version of the Terms will be the most recently posted version on www.cashortrade.org. By continuing to use the Site after any changes come into effect, you agree to the revised Terms.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND THAT: (1) YOU WILL BE PERMITTED TO PURSUE CLAIMS AGAINST CASHORTRADE ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

As used herein, the following terms have the following meanings:

“Dropped Sale” means a ticket transaction that a seller fails to complete in accordance with these Terms.

“Face Value” means the price established by the original primary ticket issuer at the time of original issuance of the Ticket, including primary issuer fees including credit card processing fees, taxes, shipping costs and dynamic (Platinum/Premium) pricing charges, but excluding secondary-market markups, reseller fees, broker fees, and CashorTrade Trader’s Protection Fees.

“Sales Price” means the Face Value together with any permitted shipping charges expressly disclosed in the listing. Trader’s Protection Fees, Partner Fees, payment processing fees, and taxes collected by CashorTrade are added separately at checkout as part of the Advertised Price.

“Payout Method” means a valid and active payment account designated by a User for receipt of payouts. Currently CashorTrade uses Paypal as its payout method, but may expand this to other methods such as ACH and Venmo. 

“Trader's Protection Fee Ⓡ” means the fee charged by CashorTrade in order to cover the costs to run the service, including the full escrow and insurance service to provide a full money back guarantee protection on all transactions conducted through the Site.

“Partnership Fees” means the fee charged by CashorTrade that is collected on behalf of its partners in connection with transactions conducted through the Site.

"Processing Fees" means any fees charged to CashorTrade in order to process a transaction on platform including credit card charges and primary ticketing charges

“Primary Ticketing Platform” means a third-party ticketing provider or platform, including Ticketmaster, AXS, Eventim, Afton Tickets, Etix, Tixr, Front Gate Tickets, or similar providers.

“Active Transaction Credit Limit” is the maximum amount of accumulated Sales that you may be paid out before an event. This is the total price of tickets sold for events that are in the future that have not yet been paid out.

2. CASHORTRADE’S ROLE IN THE MARKETPLACE
CashorTrade operates an online marketplace platform that facilitates transactions between buyers and sellers of Tickets and Merchandise. CashorTrade is not the issuer, seller, reseller, broker, owner, or guarantor of any Ticket or Merchandise listed by Users on the Site. Any affiliation, integration, or relationship that CashorTrade maintains with ticketing companies, venues, event organizers, primary ticketing platforms, or other third parties is limited solely to facilitating inventory display, transfer functionality, transaction processing, and related marketplace services. CashorTrade does not represent that it is affiliated with, endorsed by, or acting on behalf of any venue, event organizer, team, league, performer, or primary ticketing platform except as expressly stated by CashorTrade in writing..
The information CashorTrade provides on the Site is solely informational; CashorTrade does not warrant the accuracy of the information any seller provides. Also, while we provide the Traders Protection Guarantee for Ticket purchases, CashorTrade has no control over and does not guarantee the existence, quality, safety, or legality of the Tickets or Merchandise; the truth or accuracy of the seller's listings; the ability of any seller to sell its listed items or of any buyer to pay for them; or that a buyer or seller will complete a transaction. Without limiting the foregoing, CashorTrade does not guarantee that your Tickets or Merchandise will sell or that your listing will appear on the Site within a certain time after it is posted or in a particular order on the event page or through search results. CashorTrade will not, for any reason, provide compensation for Tickets or Merchandise that do not sell, even if due to Site unavailability or listing delays.

CashorTrade retains the right, but does not have any duty, to investigate or guarantee the existence, quality, safety, legality, truthfulness or accuracy of any listings, Tickets or Merchandise, as applicable, or to screen any Users or offerings. 

CashorTrade integrates with certain Primary Ticketing Platforms solely to facilitate inventory display, validate Face Value pricing, verify authenticity of the Ticket and facilitate Ticket transfers. CashorTrade does not control and is not responsible for transfer restrictions, barcode invalidations, delayed transfer functionality, inventory inaccuracies, API failures, account restrictions, or other actions or omissions of any Primary Ticketing Platform.

3. YOUR ACCOUNT 
The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, are not barred from using the Site under applicable laws or by CashorTrade, and are at least 18 years old. By using this Site you represent that you meet all of these eligibility requirements.

To list, sell, or buy Tickets or Merchandise through our Site, you must register an account (Account) with CashorTrade with accurate, current, and complete registration information (e.g., legal name, shipping/billing address, email address, phone number, and one or more valid payment methods). If you are registering an Account on behalf of a business entity, you represent that you have the authority (express or implied) to legally bind that entity. CashorTrade collects registration and other information about you through the Site. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information.
Only you can log into your Account to use the Site, and you may only maintain one Account. Maintaining multiple Accounts, using someone else's Account, allowing someone else to use your Account, assuming a false identity, or otherwise impersonating another person is prohibited, and any such actions will automatically void your Traders Protection. Additionally in such cases, CashorTrade reserves the right to suspend payout for Tickets or Merchandise sold, suspend or terminate your Account, and employ any other legal or contractual remedies available to it.

If any of your information changes at any time, you must promptly update your details in your Account through our Site. If you are a seller and you fail to maintain up-to-date payout information on your Account, you may (in accordance with Section 13 of these Terms) irrevocably forfeit transaction amounts that otherwise would have been due to you. If you provide more than one payment method, you hereby grant CashorTrade permission to charge any one of your registered payment methods for amounts you owe us, costs we incur, and/or other expenses arising out of or relating to your violation of these Terms. You are solely responsible for any activity relating to your Account, and for maintaining the confidentiality of your Account information and password. Your Account is not transferable to another party without the prior written consent of CashorTrade.

A. Deleting Your Account: If you would like to delete your account or remove your personal information please contact CashorTrade through the help center and submit a support ticket. You must be logged into your account for verification purposes when making the request. Upon review, the support team will immediately delete your account including personal information.

B. Account Verification: CashorTrade reserves the right to request account verification at any time should our security system flag your account. Account verification could include, but is not limited to, a photo of the account holder holding their Driver's License or Government-Issued Identification, a photo of the credit/debit card on file, and/or a photo of a recent utility bill. Failure to verify an Account successfully will result in account limitation or cancellation, in CashorTrade’s sole discretion. CashorTrade reserves the right to refuse service or cancel any account at any time for any reason,

C. Terminated Users: Any User who accesses or utilizes the Platform after their Account has been terminated (a Terminated User) is expressly prohibited from engaging in any transactions. In the event that a Terminated User continues to use the Platform, such Terminated User shall immediately forfeit and surrender all funds derived from any sales made on CashorTrade following the effective date of termination. Additionally, any tickets purchased on CashorTrade after the Terminated User’s Account has been terminated shall be deemed invalid and rendered void without refund. CashorTrade reserves all rights to take further action as necessary to enforce these terms. CashorTrade reserves the right to suspend, restrict, or terminate Accounts that violate these Terms or that CashorTrade reasonably believes present fraud, security, chargeback, abuse, or other platform integrity risks.

4. GOLD MEMBERSHIP SUBSCRIPTION
Purchase of a Gold Membership subscription provides Users with certain enhanced marketplace features and benefits related to Ticket transactions, which may include reduced or waived Trader’s Protection Fees and reduced payment processing fees for qualifying purchases. Certain events, integrations, partnerships, or promotions may remain subject to additional Partnership  Fees, processing fees, or other charges notwithstanding Gold Membership status. CashorTrade reserves the right to modify, suspend, or discontinue Gold Membership benefits from time to time in its sole discretion.
If you purchase a Gold Membership Subscription, you are subscribing to an automatically-renewing subscription requiring recurring payments on an annual or semi-annual (6-month) basis, depending on which subscription you choose at the time of purchase. If you purchase an annual Gold Membership, your subscription will automatically renew for additional one-year terms unless you cancel your auto-renewal prior to the end of the then-current subscription term. If you purchase a semi-annual Gold Membership, your subscription will automatically renew for additional six-month terms unless you cancel your auto-renewal prior to the end of the then-current subscription term. Applicable rates for renewal terms will be at CashorTrade's then-current rates. CashorTrade reserves the right to modify subscription pricing, Trader’s Protection Fees, processing fees, and other charges from time to time. Any modified fees will apply prospectively only and will take effect at the start of your next billing period if you are enrolled in a recurring subscription. We will provide advance notice to you of these changes, and you have the opportunity to change or cancel your subscription prior to incurring the new charges; however, we may not be able to notify you in advance of any changes to Trader’s Protection Fees, processing fees and applicable taxes.
You may cancel your automatically-renewing subscription at any time before the date your subscription renewal is processed through your Account. Upon any cancellation of your Gold Membership renewal, you will continue to have access to Gold Membership benefits through the end of your then-current term, at which time your access to such benefits will terminate.

If you wish to request a refund after your Gold Membership has automatically renewed please submit a support ticket within thirty (30) calendar days of the auto-renewal date; if your Account has not been used to list, sell, trade, create or receive an alert, request, or purchase Tickets or Merchandise within thirty (30) days of the auto-renewal date, you will be eligible for a refund of your Gold Membership subscription renewal fee. If you have used the Account to list, sell, trade, request, or purchase Tickets or Merchandise within this 30-day period, or regardless of activity after this 30-day period, your Gold Membership renewal subscription is nonrefundable. Unless provided with a valid certificate of exemption or other evidence that items are not taxable, CashorTrade will invoice you for applicable taxes.

If you initiate a chargeback relating to a Gold Membership charge without first attempting to resolve the matter through CashorTrade Support, CashorTrade may charge a chargeback administration fee of up to $50, or the actual amount incurred by CashorTrade from its payment processor and related administrative costs, whichever is greater. You authorize CashorTrade to charge any payment method associated with your Account for such amounts. CashorTrade additionally reserves the right to suspend or restrict Accounts associated with fraudulent, abusive, or repeated chargeback activity.

5. YOUR USER CONTENT
You are responsible for the accuracy, reliability, appropriateness, legality, and intellectual property rights of any content that you post to the Site or otherwise provide to CashorTrade (any such content, User Content). By posting User Content to the Site or sending User Content to us, you represent and warrant that: (i) you have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the User Content to the Site and to CashorTrade; (ii) the User Content does not include personal, private, or confidential information belonging to others; (iii) the User Content does not otherwise violate the rights of any individual or entity; and (iv) the User Content otherwise complies with these Terms.

By submitting User Content, you grant CashorTrade a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to host, store, reproduce, distribute, modify, create derivative works from, publicly perform, display, and otherwise use such User Content in connection with operating, improving, promoting, and providing the Site and CashorTrade’s services. The foregoing license will continue for the duration of any applicable intellectual property rights in such User Content, except that CashorTrade will cease public display of User Content within a commercially reasonable period following removal of such User Content from the Site, subject to backups, archival copies, legal compliance obligations, dispute resolution needs, or internal business records retention practices.

You grant CashorTrade the right to use your name or image in association with your User Content, if we so choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and promise not to assert such rights against us, our sublicensees, or our assignees.

We may offer catalogs of stock images, descriptions, and product specifications which are provided by third parties (including other Users). You may use catalog content solely in connection with your CashorTrade listings during the time your listings are on our Site. We do not guarantee that the catalogs are accurate and/or up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in their catalogs. The catalog may include copyrighted, trademarked, or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

6. ACTIVITIES PROHIBITED ON THE SITE
You hereby agree that you will not (directly or indirectly) access or use the Site:

(i) to contact or invite contact with other Users for any reason other than the purpose for which you received the User's contact information;

(ii) to otherwise harvest or collect information about Users without their consent;

(iii) to solicit purchases or sales of Tickets, Merchandise, or other goods or services outside of the Site;
(iv) to manipulate the price of any listing or interfere with any other User's listings;

(v) to copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your User Content) or software from our Site without the prior express written permission of CashorTrade and any applicable third parties;

(vi) to commercialize any CashorTrade application, information, or software;

(vii) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(viii) to submit inaccurate, false, or misleading information, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Site;

(ix) to upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the Site;

(x) other than for your use of the Site as expressly permitted in these Terms, to access or attempt to access any systems or servers on which the Site is hosted or alter the Site in any way;

(xi) to spam, phish, pharm, pretext, spider, crawl, data-mine, or scrape;

(xii) to interfere with or circumvent the security features of the Site;

(xiii) to damage, disable, overburden, or impair CashorTrades servers or networks;

(xiv) to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others (including other Users and CashorTrade employees);

(xv) to engage in conduct that CashorTrade reasonably determines is fraudulent, abusive, deceptive, unlawful, harmful to other Users, inconsistent with the intended purpose of the Site, or otherwise likely to expose CashorTrade or its Users to liability, regulatory risk, security threats, or reputational harm;

(xvi) to export or re-export any part of the Site, except in compliance with applicable export control laws;

(xvii) for any other unlawful purpose or for any purpose that would give rise to civil liability;

(xviii) to solicit others to perform or participate in any unlawful acts;

(xix) to violate any venue or event promoter rules or any applicable third-party terms of service;

(xx) you agree to not resell Tickets that you purchase on CashorTrade on any other platform, nor CashorTrade, at an increased price, for profit. If Tickets are purchased on CashorTrade for below face value, those Tickets cannot be resold for profit on CashorTrade, or any other secondary resale platform. If it is found that Tickets purchased have been re-sold on our platform or any other platforms for over the purchased price your account privileges can be revoked, see Section 18; and

(xxi) to access or attempt to access the Marketplace through a secondary or replacement Account following suspension or termination of another Account without CashorTrade’s prior written authorization. CashorTrade reserves the right to suspend transactions, withhold payouts pending review, cancel listings, or restrict Marketplace access in connection with attempts to circumvent Account restrictions or enforcement actions.

7. BUYING TICKETS
A. Legally Binding Contract to Purchase. All Ticket sales are final, so you are responsible for reading the complete Ticket listing before making a commitment to buy Tickets. When placing an order for a Ticket, you are entering into a legally binding contract with the seller to purchase the Ticket, and your credit card on file is authorized (but not yet charged) for the Advertised Price as soon as you place the request. Advertised Price means the seller’s Sales Price (as defined in Section 8), the Trader’s Protection Fee as set forth in Section 12, credit card/transaction processing fees, any applicable partnership fees, and any applicable taxes collected by CashorTrade. Full payment of the Advertised Price is due and payable immediately upon completion of the applicable transaction flow on the Site. CashorTrade may support multiple transaction flows, including (i) buyer request flows in which a buyer submits a purchase request and authorizes a payment method pending seller acceptance, and (ii) direct purchase flows in which the buyer immediately completes the purchase transaction through the Site. In each case, you authorize CashorTrade and its payment processors to charge any of your registered payment methods for the full Advertised Price amount (in USD) upon completion or acceptance of the applicable transaction flow. 

Notwithstanding the foregoing, CashorTrade has no liability to you if you submit a request to purchase tickets listed above the original Face Value which the seller subsequently accepts, and, in addition to any other remedies available to CashorTrade, we are authorized to charge your payment method for any such agreed-upon amount indicated by submitting a request to purchase.

You may rescind an offer to purchase a Ticket at any time before the seller accepts it. You are not allowed to change or cancel an order after seller acceptance. If you will not use the Tickets after committing to purchase them, you are permitted and encouraged to list the Tickets for sale on the Site so that another fan may attend. CashorTrade reserves the right, in its sole discretion, to limit the quantity of Tickets allowed to be purchased per event. You acknowledge that CashorTrade operates solely as a marketplace platform facilitating transactions between Users and that CashorTrade does not own, issue, list, transfer, or sell the Tickets made available through the Site.

B. Delivery and Receipt. Upon full payment for the Ticket, the seller will deliver the Ticket to you via the method set forth in the listing. If the Ticket will be physically mailed, it is your responsibility to confirm that the seller has the correct delivery address. If you provide an incorrect or outdated delivery address, the seller may charge you for any additional delivery costs which arise out of re-arranging Ticket delivery, and CashorTrade may charge any of your registered payment methods for such additional charges. If the Ticket is delivered electronically to your email account, you are responsible for checking your spam folder to locate and complete the transfer as set forth in the next paragraph.

As soon as you have received the Ticket and confirmed that it is the correct Ticket (but no earlier), you agree to mark the Ticket as Received on the Site. Your delay or failure to timely confirm receipt of a delivered Ticket may delay seller payout processing and may negatively affect your Account standing, transaction history, or buyer rating on the Site. Once marked as Received, the Tickets may not be eligible for a refund, so do not mark a Ticket as Received until it actually is.

C. Invalid Ticket Dispute. If you believe you have received an invalid Ticket you must follow the process set forth in this Section 7(C) in order to remain eligible for any applicable Traders Protection remedy or refund eligibility:

1. Make sure the Ticket won't scan. If you have a mobile Ticket, turn the brightness up on your phone screen and ask for the staff person to scan the Ticket again. Try a different scanner from a different venue staff person. Visit the box office and ask them to scan the Ticket.
    
2. Obtain proof. If none of the above options work, obtain a receipt or other written proof from the box office that the Ticket is invalid. If possible also capture a video of the Ticket not scanning with a clear view of the barcode and the error code on the scanning device.
    
3. Report within 24 hours. Report the dispute within 24 hours of event gate entry through the Report Issue with Ticket button on the Site, which informs the seller and CashorTrade that the Ticket did not scan, and upload all available evidence of the issue. CashorTrade may take up to thirty days to fully investigate; during this time you are required to cooperate with CashorTrade if it requests more information from you.

D. Chargeback Process. Before attempting to issue a chargeback for a Ticket purchase from your bank or credit card company, please contact CashorTrade Customer Support. In many instances, we will be able to resolve your dispute and provide a refund to you directly.. If you initiate a chargeback without first attempting to resolve the matter through CashorTrade Support, CashorTrade may charge a chargeback administration fee of up to $50, or the actual amount incurred by CashorTrade from its payment processor and related administrative costs, whichever is greater. You authorize CashorTrade to charge any payment method associated with your Account for such amounts. CashorTrade additionally reserves the right to suspend or restrict Accounts associated with fraudulent, abusive, or repeated chargeback activity.

8. SELLING TICKETS
A. Legally Binding Contract to Sell at Face Value or below. By listing a Ticket for sale on the Site, you are making a binding offer to sell that exact Ticket at the ticket's original Face Value or below.

You are prohibited from charging or passing through to the buyer any convenience, handling, broker, or other fees. For the avoidance of doubt, if you purchased the Ticket from a secondary marketplace such as SeatGeek, TickPick, AXS Resale, or Ticketmaster Resale, you may not pass on to the buyer the Ticket markup from the secondary marketplace.

You may modify or delete your listing at any time until the Tickets have sold. When a buyer purchases your Ticket through our Site, you are contractually bound to deliver that exact Ticket at Face Value within the required delivery timeframe. Therefore, you are solely responsible for monitoring your inventory and ensuring that all of your listings are accurate and current. You may not intentionally cancel or fail to complete a Ticket transaction for the purpose of reposting the same Ticket(s) at a higher price or otherwise circumventing CashorTrade’s Face Value marketplace policies.

You are responsible for determining whether any taxes are due on your sale of a Ticket, and for collecting and remitting such taxes, except where CashorTrade is required by law to calculate, collect, and remit sales tax on those sales. Any such applicable taxes must be listed and included in the Sales Price of your Ticket. You agree to provide CashorTrade with your Social Security Number or other tax identification number (TIN) if necessary for CashorTrade to provide (without notice to you) information to the relevant tax authorities related to payments you receive from us, and you further authorize CashorTrade to release that information to the relevant tax authorities. You agree to provide CashorTrade with any tax information reasonably requested in connection with applicable tax reporting obligations, including IRS Form 1099-K reporting requirements or similar reporting obligations under applicable law.

B. Listing Terms. By listing a Ticket, you hereby represent, warrant, and covenant to CashorTrade that the Ticket is: (i) authentic; (ii) fully transferrable; (iii) either on-hand or already ordered and guaranteed and available for immediate sale at the Sales Price; (iv) not stolen, counterfeit, fraudulent, or obtained through unauthorized or illegal activity; and (v) not offered for sale in breach of any terms and conditions applicable to that Ticket.

You are responsible for providing accurate, complete, and current information and disclosures about the Tickets you list, including the name of the event; event location; event date and time; section, row, and seat information; and seating-related disclosures, including, but not limited to, the following categories: limited or obstructed view; possible obstruction; wheelchair seating; wheelchair-only seating; wheelchair-accessible; alcohol-free section; behind stage (possible obstruction); side stage (possible obstruction); 21 and over only. Additionally, accurately highlight any features in your listing, such as aisle seating, parking or camping pass inclusion, etc. CashorTrade reserves the right to remove listings, cancel transactions, require additional verification, or take other actions reasonably necessary where listings are vague, confusing, inaccurate, misleading, potentially fraudulent, or otherwise inconsistent with these Terms. 

You are responsible for keeping all Ticket codes and barcodes hidden in your Ticket listing, and you will be solely liable if, due to your failure to hide any such codes, the Ticket does not scan for buyer at the event. Note that for Phish tickets, you must hide every code on Phish Tickets By Mail (PTBMs), including barcodes, order #s, and LivePhish codes.

You are responsible for accurately representing when you will transfer or ship the Ticket. You may list for sale Tickets that are not in your possession as of the listing date (not in hand) as long as you will have them on the transfer/ship date listed (the in-hand date). If your in-hand date changes after the Ticket sale, CashorTrade reserves the right to charge you for any additional fees or expenses incurred, in addition to any other remedies it has under these Terms. You are responsible for selecting the correct Ticket delivery method for your Ticket type (electronic transfer (e-tickets), mobile/pdf, physical/hard tickets (such as tickets printed on card stock), or will-call pickup). Once your Ticket sells, you are prohibited from changing the listed delivery method. If you have physical tickets, you must upload a photo of each Ticket barcode to your message thread with the buyer after the sale but prior to shipment.

C. Delivery Terms. You are responsible for ensuring timely delivery to the buyer of the Ticket via the delivery method described in your listing. CashorTrade reserves the right to recover from you any buyer refunds, replacement costs, chargebacks, processor fees, or other reasonable fees and expenses incurred as a result of your failure to deliver Tickets in accordance with these Terms. You must transfer: (i) in-hand electronic/pdf Tickets immediately upon your acceptance of the buyers offer; (ii) not-in-hand electronic/pdf Tickets within 24 hours of the event, or as soon as they become in-hand, whichever occurs first. You must ship: (x) in-hand physical Tickets within 24 hours of accepting the buyer's offer; (y) not-in-hand physical Tickets within 24 hours of the in-hand date as mutually agreed upon, but in each case at least one full day prior to the event date. Delivery of physical tickets is completed when the carrier marks the package as delivered. For day of show Ticket sales, you must deliver the Ticket to the buyer within one hour of accepting the buyer's offer unless the buyer requests a later delivery time. In each case you must provide acceptable evidence of timely delivery upon the buyer's or CashorTrade's request, which evidence consists of the following:

1. For electronic transfers via primary ticketing apps, the buyer must click the Accept button in the email sent by the primary ticketing app when you initiate the transfer through their site. Note that your primary ticket account may show the Ticket as non-transferable or the transfer button may be grayed out in the app. The Ticket may not become transferable until within 24-48 hours before the event; you are responsible for ensuring that the Ticket transfer occurs as soon as the transfer option is available. Sellers are required to retain all transfer confirmation and acceptance emails issued by the primary ticketing company. These records may be required in the event of a Ticket Dispute. 
    
2. For pdf Tickets you must take a screenshot and upload it directly to the CashorTrade message thread with the buyer, which screenshot will be considered proof of delivery.
    
3. For in-person Ticket transfers, you must have the buyer mark the Ticket as received on the Site during your meeting. Failure to deliver Ticket for any reason may result in the payout being suspended and/or a Dropped Sale (as outlined in section 8D).
    
4. For physical shipments, you must have a receipt from the carrier showing timely delivery. We recommend that you: (i) ensure that the carrier guarantees timely delivery, (ii) refrain from requiring a delivery signature unless the buyer specifically asks for it; (iii) add carrier insurance to cover the full value of the Ticket in case of loss (note that FedEx does not provide insurance for Ticket shipments); (iv) contact the carrier to obtain as much information as possible for the buyer in the event that there are carrier shipping delays.

D. Dropped Sales. If for any reason you are unable to deliver a Ticket to the buyer by the required delivery date you must notify CashorTrade immediately, and we will give you the opportunity to deliver to the buyer a replacement Ticket of equal or greater value (or of lower value if approved by the buyer). If you notify us in a timely manner and the replacement Ticket is accepted by the buyer, then you will not incur additional fees.

A "Dropped Sale" means a Ticket sale that you as seller fail to complete for any reason. Such reasons include, but are not limited to: (i) the failure of your Ticket to exactly match the details set forth in your listing; (ii) your failure to deliver the Ticket at all; (iii) your failure to deliver the Ticket by the required delivery date; (iv) your failure to provide an acceptable replacement Ticket (i.e., a Ticket which CashorTrade determines is comparable to or better than the one originally listed, and which the Buyer accepts as sufficient); (v) failure to meet with the sale/trade partner for an in-person Ticket transfer; (vi) your delivery of a Ticket which is or becomes invalid for any reason other than as a result of the venues, event organizers, or primary ticket sellers issuance of an invalid Ticket; (vii) your failure to respond to CashorTrade in the event that CashorTrade contacts you regarding an invalid Ticket dispute claim, or to make a bona fide effort to assist CashorTrade in its investigation and documentation efforts; (viii) the failure of your Ticket to scan at the event, as demonstrated by buyer-submitted evidence; (ix) your failure to provide the buyer with a written receipt for the buyers Ticket purchase upon the buyers request, resulting in a cancelled order; (x) your request for a change to the Ticket sale after accepting the buyers offer, which change is subsequently rejected by the buyer or CashorTrade, resulting in a cancelled Ticket order; (xi) your failure to deliver the new Ticket to the buyer if for any reason the venue delivers new Tickets for the event; (xii) if the primary ticket company makes a change to the Ticket type and if the buyer agrees to accept the new Ticket type, your failure to deliver the new Ticket type to the buyer. (If the primary ticket company makes a change to the Ticket type and the buyer rejects the new Ticket type, then the buyer will be entitled to a refund.)

E. Seller Financial Penalties for Dropped Sales. In the event of any Seller's Dropped Sale , the buyer is entitled to a full refund. The seller authorizes CashorTrade to charge the seller’s payment method for buyer refunds, replacement ticket costs, chargebacks, processor fees, customer support expenses, and other commercially reasonable costs and expenses incurred by CashorTrade in connection with the Dropped Sale. In cases involving repeated violations, intentional misconduct, fraud, or abuse of the Marketplace, CashorTrade may additionally assess a Dropped Sale fee of up to 150% of such amounts. Additionally, depending on the circumstances and in CashorTrade's sole discretion, CashorTrade may flag, suspend, or terminate your Account and/or downgrade your Active Transaction Credit Limit.

9. TRADING TICKETS; FAIR TRADE POLICY
To offer or accept a Ticket trade you must have a receipt for your offered Ticket in hand. All trades must be fair trades for equal value. The cash difference must be provided if trading a single Ticket for multiple Tickets. Trade bundling of multiple bad seats for one good seat is prohibited. 

Except for the form of currency in Ticket trades, all other terms and conditions of these Terms are applicable to Ticket trade transactions. Without limiting the foregoing, any and all transaction-related fees will be assessed based on the total value of the applicable Ticket(s).

10. EVENT CHANGES
A. Cancellation. If an event is canceled and not rescheduled, we will remove the event and any listings related to the event from our Site and inform buyers and sellers about the cancellation with further instructions. If the seller requires the return of their Ticket in order to obtain a refund of the seller's original purchase price, then they must inform the buyer and CashorTrade of this requirement immediately upon learning of the cancellation. The buyer must retain the Ticket to the canceled event and, upon request, return the Ticket to either the seller or to CashorTrade (as instructed by CashorTrade). In the event of cancellation, and after the buyer has complied with any applicable Ticket return requirements, the buyer may be eligible for a refund, account credit, or other remedy as determined by CashorTrade in its discretion and subject to applicable law, payment processor requirements, and the terms of any applicable Traders Protection coverage. Unless otherwise required by law, Trader’s Protection Fees and payment processing fees may be non-refundable.

The seller will not be paid for a canceled event Ticket. The seller authorizes CashorTrade to charge any payment method added for the refund amount if already paid out. If CashorTrade is prevented from recovering the refund amount from the seller for any reason, then CashorTrade may withhold future seller payments until the amount is fully recovered and/or suspend the seller's account. Additionally, if CashorTrade is unable to recover amounts owed after commercially reasonable collection efforts, CashorTrade reserves the right to pursue any remedies available under applicable law, including the use of third-party collection service providers, and the seller may be responsible for reasonable third-party collection costs to the extent permitted by law.

Partially canceled events will follow the same refund policy as outlined by the primary ticketing company/event. Refund amount will be determined from the Sale Price listed on CashorTrade, not the original price or what the seller originally paid.

B. Postponements, Reschedulings, Venue Changes, Line-Up Changes. If an event is postponed or rescheduled, or if there is a venue or line-up change, but if the original Ticket is valid for entry at the time of the rescheduled or changed event, the Ticket order will not qualify for a refund or other compensation. CashorTrade does not guarantee that it will provide notice of any such event changes and is not responsible for monitoring or communicating updates issued by venues, event organizers, artists, teams, promoters, or primary ticketing providers.

11. MERCHANDISE TRANSACTIONS 
If you maintain a Merchandise shop on CashorTrade’s Marketplace, you must: (i) comply with these Terms of Use and all applicable laws and regulations, including, but not limited to, those related to consumer protection and truth in advertising; and (ii) ensure that your shop policies comply with CashorTrade’s Terms and all applicable laws and regulations. You are responsible for providing accurate, complete, and current information with respect to each of your Merchandise listings, including, but not limited to, accurate photos, descriptions, dimensions, processing times, ship-by dates, and shipment methods. You are responsible for making good faith efforts to resolve any dispute with a buyer on your own before requesting assistance from CashorTrade; to aid you in this respect, CashorTrade offers a buyer messaging tool, a tool for supplying a partial or full refund to a buyer, and a tool in which the buyer can pay you for additional costs. You are solely responsible for determining your tax obligations associated with Merchandise transactions, including any obligations relating to sales, use, income, or similar taxes, except where CashorTrade is expressly required by law to collect and remit taxes on your behalf. CashorTrade may provide optional tools or settings relating to tax calculation or reporting, but you remain responsible for verifying the accuracy and applicability of any such tools.

In the event that a Merchandise buyer or seller reports a dispute to CashorTrade, both the buyer and the seller must cooperate with any investigations conducted by CashorTrade, promptly providing any information requested, canceling and/or refunding any transactions deemed by CashorTrade to be invalid or unauthorized, and taking any other actions requested by CashorTrade with respect to the resolution of such dispute.

If a chargeback is filed by the buyer and proof of delivery cannot be provided by the seller, the seller will be responsible for covering the $50 chargeback fee along with the purchase price of the transaction.
As a buyer or a seller of Merchandise, you agree that you will only complete Merchandise transactions on the Sites Marketplace and will refrain from making any direct or alternate purchase/sale arrangements outside of the Marketplace. You further agree to use only a Site-registered payment method to complete the Merchandise transaction. If you breach of any these provisions CashorTrade may in its sole discretion charge you a Marketplace Circumvention Fee equal to 20% of the total value of the Merchandise transaction (with the Merchandise transaction value determined by what the value would have been had the transaction been completed via the Marketplace), and you hereby grant CashorTrade permission to charge any of your registered payment methods, and/or to deduct amounts from pending or future payments to be received by you, for such Marketplace Circumvention Fee. Additionally, your breach of any of these provisions may result in suspension or termination of your Marketplace shop, your access to the Marketplace, or your access to the Site, in addition to any other remedies available to CashorTrade.

12. PLATFORM FEE
In addition to any applicable taxes and credit card/transaction processing fees, CashorTrade charges a Trader’s Protection Fee of ten percent (10%) of the applicable Ticket Sales Price to non-Gold Membership buyers. To extend CashorTrade’s Traders Protection Guarantee on packages greater than $2500 or for specific partnered events a small platform fee may be applied regardless of membership status. The Trader’s Protection Fee and/or the credit card/transaction processing fees is non-refundable and helps maintain the CashorTrade staff, pay for business costs associated with running CashorTrade, and also allows us to maintain our Trader’s Protection Guarantee. CashorTrade may in its sole and absolute discretion change its Trader’s Protection Fees fees at any time without notice. Any applicable Trader’s Protection Fees will be disclosed to you prior to your purchase of a Ticket.

Processing Fees on Refunds: A credit card processing fee of three percent (3%) will be added when recovering any payment made to a seller.

13. COLLECTION OF PAYMENTS; TRADERS PROTECTION
A. You must have a valid credit card on file with CashorTrade in order to list, sell, or buy Tickets or Merchandise. You must have a verified PayPal account in order to accept payouts as a seller of Tickets or Merchandise. By selling Tickets or Merchandise on the Site you hereby appoint CashorTrade as your limited payment collection agent solely for the purpose of accepting funds from buyers on your behalf, and you agree that any buyer payment to CashorTrade shall be treated as a payment made directly to you. Accordingly, upon payment in full to CashorTrade you agree to deliver the applicable Tickets or Merchandise to the buyer in the agreed-upon manner. In accepting an appointment as your limited payment collection agent, CashorTrade assumes no liability for any acts or omissions on your part as a seller.

Except as otherwise specified in the Traders Protection Guarantee, you acknowledge that CashorTrade’s obligation to pay you is subject to and conditional upon the successful receipt of the associated payments from the buyer. You acknowledge and agree that, if you fail to fulfill any of your seller's obligations under these Terms or otherwise violate any of these Terms, CashorTrade may in its sole discretion take any one or more actions, including, but not limited to (i) charging you a Trader’s Protection Fee of 10%; (ii) charging you Dropped Sale fees; (iii) charging you the credit card/transaction processing fees for the applicable transaction; (iv) issuing a buyer refund; (v) canceling the sale; (vi) suspending or terminating your listing(s) or your Account. You hereby grant CashorTrade permission to charge any one of your registered payment methods, and/or to deduct amounts from pending or future payments to be received by you, for refunds, payment reversals, chargebacks, and additional fees and expenses incurred as a result of your failure to fulfill your seller's obligations or otherwise adhere to these Terms.

For any buyer or seller with a delinquent Account balance, CashorTrade may at its discretion engage a collection agency or other collection mechanism in order to collect a delinquent amount(s). In such cases, to the maximum extent permissible by law, you will be liable for, and you hereby agree to pay, all such third-party fees and expenses incurred by CashorTrade in its collection efforts. CashorTrade, or the collection agency it retains, may also report information about your Account to one or more credit bureaus, and, as a result, any defaults in your Account may be reflected in your credit report. If you wish to dispute the information CashorTrade reports to a credit bureau, please contact CashorTrade. If you wish to dispute the information a collection agency reports to a credit bureau, you must contact the collection agency directly.

B. Traders Protection is CashorTrade’s insurance and escrow service for Ticket transactions. For the protection of buyers and sellers, CashorTrade holds all credit card transaction amounts in escrow until the applicable sale is complete. (Ticket exchanges that do not involve a credit card transaction are not covered by Traders Protection.) Trader's Protection insurance only covers the full price paid for the tickets through CashorTrade. Any additional costs to acquire replacement tickets are not included.

If you are the seller, as soon as you accept payment your Payout Status will change to "Pending." If your overall Active Transaction Balance is below your Active Transaction Credit Limit (ATCL), funds will be released to your PayPal account before the event based on your Available Credit.

PAYOUT PROCESS FOR ACCOUNTS WITH AN ACTIVE TRANSACTION CREDIT LIMIT OF $0
All Users start with an ATCL of $0 until they add a valid credit card on file. If you have an ATCL of $0, all of your sale payouts will be sent 3 days after the event. The payout is automatically processed as long as there are no issues reported with the tickets.

PAYOUT PROCESS FOR ACCOUNTS WITH AN ESTABLISHED CASHORTRADE HISTORY:
Once you have a valid card on file your ATCL will automatically be increased as follows if you meet the following criteria:

6 months of a valid card on file + 3 or more successful sales = $1,000 ATCL
12 months of a valid card on file + 10 or more successful sales = $2,000 ATCL
Active Transaction Balance = the total amount of all advertised tickets for events that have yet to take place + tickets for future events that have been paid out already.

• Active sales less than your Active Transaction Credit Limit (ATCL) of $500/$1000/$2000
• The payout will be sent the following day, after the buyer marks the tickets as received.
• Active sales greater than your Active Transaction Credit Limit (ATCL) of $500/$1000/$2000
• The payout will be sent 3 days after the event concludes.

Any payout is subject to further review and may be held until 3 days after the event concludes, depending on ticket type, transfer agreement, and/or event policy. In the event of a cancellation, payouts may be held up to 30 business days while the primary ticketing company processes refunds to original purchasers. Our payment processor may request identity verification prior to such payouts, where a User could be asked to forward the following items to support@cashortrade.org: (i) the original receipt from your purchase; (ii) the official transfer waiver; (iii) a photo of your driver's license or other government-issued identification. The payment processor may require you to provide additional identity verification such as a picture of your government-issued identification next to your face, a photo of the front and back of the credit card used in the original purchase, and/or the email confirmation of the original Ticket receipt which shows your name and the last four digits of the credit card used in the original purchase. In the event of an overpayment, CashorTrade reserves the right to recover the overage at any time, by charging the payment method.

C. Payouts for all High Risk events, CID packages, resort packages, VIP, etc., are held until three days after the event. These sales are subject to extensive review to verify legitimacy and you may be asked to forward the following items to support@cashortrade.org: (i) the original receipt from your purchase; (ii) the official transfer waiver; (iii) a photo of your driver's license or other government-issued identification. Failure to provide the requested documentation could hinder the payout. The payment processor may require you to provide additional identity verification such as a picture of your government-issued identification next to your face, a photo of the front and back of the credit card used in the original purchase, and/or the email confirmation of the original Ticket receipt which shows your name and the last four digits of the credit card used in the original purchase.

If a seller fails to maintain a valid and active Payout Method capable of receiving funds associated with a completed transaction, CashorTrade will make commercially reasonable efforts for one hundred and eighty (180) days following the initial payout attempt to contact the seller and complete the payout. If CashorTrade remains unable to complete the payout following such period, CashorTrade may administratively close the transaction, suspend further payout attempts, and internally reclassify the funds for accounting and operational purposes, subject at all times to applicable law, including applicable unclaimed property laws. If the seller subsequently updates and validates a usable Payout Method, CashorTrade may, in its sole discretion and subject to applicable law and operational limitations, remit the applicable payout amount to the seller.

E. All payouts are sent Monday - Friday during banking hours excluding bank holidays. Once the payment is sent it will take 1-5 business days to reflect into your PayPal account. Non-US PayPal accounts may incur additional fees processed by PayPal directly.

F. Unjust Enrichment and Accidental Overpayment

No Unjust Enrichment
Neither party shall be entitled to retain any benefit, payment, or consideration to which it is not legally or contractually entitled. Any receipt or retention of such benefit shall be deemed unjust enrichment and must be promptly remedied in accordance with this section.

Accidental or Erroneous Payments
In the event that a party receives any payment, funds, or other consideration in error, including but not limited to duplicate payments, overpayments, or payments made as a result of administrative, clerical, technical, or banking errors (“Accidental Overpayment”), the receiving party shall have no right to retain such amounts.

Obligation to Return
The receiving party shall promptly notify the paying party upon becoming aware of any Accidental Overpayment and shall refund or return the overpaid amount within 3 days of notice or discovery, whichever occurs first, using the same method of payment where practicable.

Right of Set-Off
Without prejudice to any other legal or equitable remedies, the paying party reserves the right to set off any Accidental Overpayment against future amounts payable to the receiving party under this Agreement, upon written notice.

No Waiver of Rights
The failure or delay of a party to detect or claim an Accidental Overpayment shall not constitute a waiver of any rights or remedies, including claims based on unjust enrichment, restitution, or recovery of funds paid in error.

Survival
The obligations set forth in this section shall survive the termination or expiration of this Agreement.

14. INTELLECTUAL PROPERTY RIGHTS OF CASHORTRADE; FEEDBACK
The Site and its underlying code; the look and feel of the Site and all CashorTrade content, organization, texts graphics, logo, icons, images, audio clips, downloads, interfaces, information, and design (CashorTrade Content); all enhancements, modifications, and derivative works thereof; and all intellectual property rights in the foregoing (including without limitation trademarks, copyright, logos and design marks, service marks, trade names, business names, brand names, designs, domain names and all applications and rights to apply for registration of such intellectual property rights and the right to take action against any third party for infringement of any of those intellectual property rights) anywhere in the world, whether statutory, common law or otherwise (collectively, CashorTrade IP), are owned by or licensed to CashorTrade. You acknowledge that you do not acquire any rights in the CashorTrade IP by accessing or using the Site. You may not use any CashorTrade IP in connection with any product or service that is not offered by CashorTrade, in any manner that is likely to cause confusion with CashorTrade’s business, or in any manner that disparages CashorTrade. Nothing contained on the Site or in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any CashorTrade IP without the express written permission of CashorTrade. All rights not expressly granted herein are reserved by CashorTrade and its licensors.
The CashorTrade Content on the Site may be protected by copyright, trademark, and other applicable laws. You agree to use the CashorTrade Content only for purposes that are permitted by these Terms and any applicable legal requirements.

You may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access. 

By submitting User Content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant CashorTrade the right to use your name or image in association with your User Content if we so choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees, or assignees.

To the extent you submit any ideas, suggestions, proposals, plans, or other materials related to our business (Feedback), you acknowledge and agree that you are submitting that Feedback at your own risk and that CashorTrade has no obligation (including of confidentiality or privacy) with respect to your Feedback. Any Feedback will be considered non-confidential and non-proprietary to you. By submitting the Feedback, you grant to CashorTrade a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback, without compensation to you. You hereby waive any and all moral rights or “droit moral” that you may have in Feedback, and you represent and warrant that no third party has any moral, “droit moral” or other rights in the Feedback.

15. ABUSING OUR SITE AND SERVICES
When using CashorTrade, you agree that you will not do any of the following:
contact or invite contact with other Users for any reason other than the purpose for which you received the  - User’s contact information from us or to solicit sales outside of our Site;
use the Buyer's personal data for any reason other than the delivery of Tickets unless otherwise agreed to by the Buyer;

 - behave in an abusive manner to any of our employees or other Users;

 - violate any venue or event promoter rules at events or violate any applicable third-party terms of service (for instance, when using our mobile applications);

 - breach or circumvent any laws (including, where Tickets are sold internationally, the laws of the destination country), third-party rights, or our Additional Policies;

 - post false, inaccurate, misleading, defamatory, or libelous content;

 - fail to fulfill your contractual obligations regarding the sale or purchase of a Ticket;

 - use our trademarks without our prior written permission;

 - copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Site or Services without our prior express written permission and the appropriate third party, as applicable;

 - use any robot, spider, scraper, or other automated means to access our Site or Services for any purpose without our express written permission;

 - take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

 - interfere or attempt to interfere with the proper working of our Site or Services or any activities conducted on or with our Site or Services;

 - bypass our robot exclusion headers, robots.txt rules, or any other measures we may use to prevent or restrict access to our Site or Services;

 - commercialize any of our applications or any information or software associated with such

16. INTELLECTUAL PROPERTY RIGHTS OF OTHERS 
CashorTrade respects the intellectual property of others, and we ask you to do the same. It is not our intent to infringe on the intellectual property rights of others, and we will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf. Please send notification of any such claims to CashorTrade, Attn: Legal/Copyright Agent, 28 Howard St, Ste 212, Burlington, Vermont 05401 or by emailing us at [insert email address for submission of DMCA Notices], with the subject line “COPYRIGHT INFRINGEMENT”. Please note that we may request additional information before removing any allegedly infringing material.

We may notify you if we receive a DMCA Notice about User Content that you have submitted to the Site. If you believe that your User Content that was removed is not infringing, or that you have the authorization from the copyright owner or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice to the above address containing the following information to the Designated Agent at the address(es) listed above: (A) your physical or electronic signature; (B) Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; (C) A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification; and (D) your name, address, telephone number, and e-mail address, a statement that you consent to the Legal Disputes provisions in these Terms, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. We will review all DMCA Notices and Counter-Notices in an objective manner.  If we determine that the DMCA Notice is valid, we may remove the infringing material. If we determine that your Counter-Notice is valid, we will remove the complaint and take no further action regarding your Account.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL (IN A DMCA NOTICE OR COUNTER-NOTICE) IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying CashorTrade that your copyrighted material has been infringed. The preceding requirements are intended to comply with CashorTrade’s rights and obligations under the DMCA, including 17 U.S.C. §512, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

17. MOBILE DEVICE-SPECIFIC TERMS 
If you are using the Site in mobile application (App) form, you acknowledge that these Terms are an agreement between you and CashorTrade. Neither Apple nor Google are parties to these Terms, nor are they responsible for the CashorTrade App or the content thereof. If you are using an iOS device, CashorTrade grants you the right to use the App: (i) only on an iOS device that you own or control and as permitted by the App Store Terms of Service, if you are using an iOS device; (ii) only on an Android device that you own or control and as permitted by the Google Play Terms of Service if you are using an Android device. Neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the App. Neither Apple nor Google is responsible for the investigation, defense, settlement, and discharge of any App-related third-party intellectual property infringement claim.

Neither Apple nor Google is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google (as applicable), and the applicable party will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, the applicable party will have no other warranty obligation whatsoever with respect to the App.

Apple, Google, and their respective subsidiaries are third-party beneficiaries of this Section 16, which, for purposes thereof, shall be deemed a contract independent from the Terms of Use. As such, Apple, Google, and/or any of their respective subsidiaries will have the right (and will be deemed to have accepted the right) to enforce this Section 16 against you.

18. TERMINATION OF ACCOUNT AND SITE ACCESS 
Users whose Accounts have been suspended or terminated may not access or use the Site without CashorTrade’s prior written authorization. CashorTrade reserves the right to suspend transactions, withhold payouts, cancel listings, limit account functionality, or take other actions reasonably necessary to protect the Site, Users, or CashorTrade from fraud, abuse, chargebacks, security threats, or violations of these Terms.

CashorTrade may, in its sole discretion and without prior notice to you, remove your User Content or suspend or terminate your Account and/or your access to the Site for any reason, including, without limitation, if CashorTrade believes that you have violated or acted inconsistently with the letter or spirit of these Terms and/or if it is in the best interest of the User community, or to protect our brand. Grounds for suspension or termination may include, without limitation:

• Your use of the Site in the capacity of a broker, or for broker-like activity
• Excessive or abusive use of the Site
• Communications or activities on the Site that are, in our sole discretion, rude, inappropriate or otherwise violate Section 6 of these Terms
• Your sale of Tickets or Merchandise above Face Value or unfair trading
• Submission of chargebacks without working with our Support Team to resolve the issue
• Fraudulent or illegal activity on the Site

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may additionally be referred to appropriate law enforcement authorities.

19. COMMUNICATIONS 
In using the Site, you may have the ability to communicate with other Users via email, phone call, SMS text messaging, or other means. You agree to comply with all applicable legal and regulatory requirements in your communications with other Users. To the extent that such communications occur on the Site, CashorTrade reserves the right (but is under no obligation) to (i) track and monitor such communications to ensure compliance with these Terms, appropriate charging of fees, fraud prevention, and for quality and training purposes, and (ii) refuse to transmit or post any communication that, in our sole discretion, fails to comply with these Terms.

20. USER INTERACTIONS AND TRANSACTIONS; DISCLAIMER AND RELEASE OF LIABILITY  
During your use of the Site, you may communicate, interact with, or engage in transactions with other Users, including but not limited to purchasing or selling Tickets or Merchandise, or arranging in-person meetings. Any such communications, transactions or interactions are conducted solely between you and the applicable User(s). CashorTrade is not a party to, and assumes no liability for, any such transactions, agreements or interactions, whether conducted on or off the Site.

ANY DISPUTE BETWEEN YOU AND ANOTHER USER IS SOLELY BETWEEN YOU AND THAT USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE CASHORTRADE (AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES (INCLUDING DIRECT, INDIRECT AND CONSEQUENTIAL), RIGHTS AND ACTIONS OF ANY KIND, INCLUDING THOSE KNOWN AND UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF CASHORTRADE, YOUR INTERACTIONS WITH OTHER USERS, OR ANY TICKETS OR MERCHANDISE LISTED OR ACQUIRED THROUGH CASHORTRADE.

WITHOUT LIMITING THE FOREGOING, THIS RELEASE EXPRESSLY APPLIES TO ANY CLAIMS RELATED TO THE EXISTENCE, LEGITIMACY, QUALITY, CONDITION, SAFETY, LEGALITY, SUITABILITY, OR ACCURACY OF THE TICKETS OR MERCHANDISE, OR LISTINGS RELATED THERETO. 
CASHORTRADE IS NOT RESPONSIBLE FOR, AND WILL NOT PARTICIPATE IN, THE RESOLUTION OF ANY DISPUTE BETWEEN USERS; HOWEVER, CASHORTRADE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR DISPUTES BETWEEN USERS, OR BECOME INVOLVED IN SUCH DISPUTES FOR THE PURPOSE OF MAINTAINING THE INTEGRITY OF THE SITE.

DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH HEREIN CASHORTRADE MAKES NO WARRANTY WITH RESPECT TO ITS SITE, ANY TICKETS, ANY MERCHANDISE, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. THE SITE IS PROVIDED TO YOU AS IS AND AS AVAILABLE, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. 

21. LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL CASHORTRADE (OR ANY OF ITS SERVICE PROVIDERS OR LICENSORS) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (A) YOUR USE OF THE SITE; (B) THE SITES SECURITY, OPERABILITY, OR AVAILABILITY; (C) ANY USER CONTENT POSTED TO OR TICKETS ADVERTISED ON THE SITE; (D) STATEMENTS, CONDUCT, INTERACTIONS, OR DEALINGS WITH ANY OTHER SITE USER OR THIRD PARTY; OR (E) ANY OTHER CLAIM RELATED IN ANY WAY TO THE SITE - EVEN IF ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, CLAIM, OR DAMAGES.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In any event, if found liable, our liability to you or to any third party is limited to the greater of (i) any amounts due under the Traders Protection Guarantee; (ii) the amount of fees in dispute, not to exceed the total fees which you paid to us in the twelve months prior to the action giving rise to the liability, or (iii) $200.

22. APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION
This Section governs the resolution of any Dispute between you and CashorTrade. For purposes of this Section 22, the term “CashorTrade” means Cash or Trade, Inc., as well as any of their affiliates or related entities and the term “Dispute” means any claim, action, disagreement, or dispute arising from or relating to the CashorTrade, the Services, or these Terms. These Terms shall be governed by the laws of the United States and the State of Vermont, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

You agree that any Dispute that is not resolved under the arbitration requirements of these Terms must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Chittenden County, Vermont, and no other court. You agree to submit to the personal jurisdiction of such courts and to accept service of process from them.

In no event can any claim or action by you related to a Dispute be instituted more than one year after the cause of action arose.

Arbitration Agreement
(A) Informal Dispute Resolution Procedure. Unless otherwise noted in this Section 22, You and CashorTrade agree that if any Dispute arises between us, both parties will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. As part of this agreement, you understand that failure to engage in informal dispute resolution as described here could result in the award of fees against you in arbitration.

To initiate informal dispute resolution, the initiating party must first send a written description of the Dispute to the other party (Notice of Dispute). For any Dispute against CashorTrade that you initiate, you agree to send to [support@cashortrade.org  (i) a written description of the Dispute and (ii) the email address(es) associated with your relationship with CashorTrade. The Notice of Dispute must be on an individual basis and also provide, at minimum, the following information: your name; a description of the nature or basis of the claim or Dispute with sufficient detail for CashorTrade to assess its merits; and the specific relief sought. For any Dispute that CashorTrade initiates, we will send our Notice of Dispute to the email address associated with your use of the Services, provided we can reasonably identify such an address.
You and CashorTrade agree, following receipt of the Notice of Dispute, to negotiate in good faith about the Dispute through an informal telephonic dispute resolution conference. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference, unless one party states in writing that the other party need not participate.

If the Dispute is not fully resolved within sixty (60) days after the non-initiating party receives the Notice of Dispute, you and CashorTrade agree to resolve any remaining aspects of the Dispute through the additional dispute resolution provisions set forth below.

(B) Mutual Arbitration Agreement. If the informal dispute resolution procedure does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided for herein) subject to the terms set forth below and the National Arbitration and Mediation (NAM) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to support@cashortrade.org . Any demand initiating arbitration, whether filed by you or CashorTrade, must include the email address you used to create an account with CashorTrade.

Except as set forth below, you and CashorTrade unconditionally consent and agree that any Dispute will be resolved exclusively by final and binding arbitration in accordance with Subsections 22(A)-(K) of these Terms (the Arbitration Agreement). (The portion of this Section 22 preceding Subsection 22(A) applies regardless of whether you have opted out of the Arbitration Agreement under Subsection 22(J).)
This Arbitration Agreement applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16.

Except as set forth in the subsection “Exceptions to Agreement to Arbitrate,” the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms and the Arbitration Agreement, including, but not limited to any claim that all or any part of these Terms or the Arbitration Agreement are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment).

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Exceptions to Agreement to Arbitrate. Notwithstanding the parties’ decision to resolve all Disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in a court of competent jurisdiction to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights) or for defamation; and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Arbitration Agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

(C) Class Arbitration and Collective Relief Waiver. You and CashorTrade acknowledge and agree that, to the maximum extent allowed by law, except as set out otherwise in Subsection (F) below, any arbitration shall be conducted in an individual capacity only and not as a class or other representative action, and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party's claim; notwithstanding this acknowledgement and agreement, you agree that any arbitration involving you may proceed on a consolidated basis, but it may do so if and only if CashorTrade provides its consent to consolidate in writing.

With the exception of this Subsection (C) and Subsection (F) below, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of NAM, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, this Subsection (C) or Subsection (F) is found to be invalid, unenforceable, or illegal as applied to a Dispute, then the entirety of this Arbitration Agreement shall be null and void as to the Dispute, and neither you nor CashorTrade shall be required to arbitrate their Dispute.

(D) Arbitration Rules. The arbitration will be administered by NAM and conducted before a sole arbitrator in accordance with the rules of NAM, including, as applicable, NAM Comprehensive Dispute Resolution Rules and Procedures, Fees For Disputes When One of the Parties is a Consumer and the Mass Filing Supplemental Dispute Resolution Rules and Procedures in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures governing or permitting class or representative actions. The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept at commercial@namadr.com. If NAM is not available to arbitrate, the parties will select an alternative arbitration provider.

(E) Arbitration Location and Procedure. If the amount in controversy between you and CashorTrade does not exceed $25,000, and neither party seeks injunctive or declaratory relief, then the arbitration will be conducted solely by submission of written materials that you and CashorTrade submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary or (ii) the parties agree otherwise. In such cases, the parties agree to remote participation in the hearing by video- or telephone-conference.
If the amount in controversy between you and CashorTrade exceeds $25,000, or either party seeks declaratory or injunctive relief, either party may request an arbitration hearing, and that hearing shall presumptively be held via video- or telephone-conference unless (i) the arbitrator determines there is good cause to hold an in-person hearing or (ii) the parties agree otherwise. In the event there is an in-person hearing, for all U.S. residents, the location of the hearing will be determined by mutual agreement of the parties or, if the parties cannot agree, by the arbitrator in accordance with NAM rules and applicable law. For non-U.S. residents, to the extent permissible in your country of residence, any in-person arbitration shall be held in New York, New York (unless otherwise agreed by the parties).

The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the NAM rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with the Informal Dispute Resolution Procedure contemplated by this Arbitration Agreement.

Subject to the applicable NAM rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than you and CashorTrade (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

(F) Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (“Mass Filing”), the parties agree to administer the Mass Filing in sequential batches of approximately 100 demands per batch (as adjusted to accommodate any arbitrator strikes as described below). To the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands. The parties further agree: (i) to designate one arbitrator for each batch; (ii) to accept applicable fees, including any related fee reduction determined by NAM in its discretion; (iii) that 10% of the anticipated total number of batches for the Mass Filing may proceed simultaneously as set forth in this batching provision and Arbitration Agreement, but that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior set of batches are filed, processed, and adjudicated (for example: if 2000 demands were presented as part of a Mass Filing, there would be 20 anticipated batches, 10% of which – i.e., 2 batches – may proceed simultaneously); (iv) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by CashorTrade and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (v) that the staged process of batched proceedings, with each batch including 100 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved, and (vi) to make good faith efforts to resolve each batch of claims properly designated for filing, processing, and adjudication within 180 days, failing which any of the claimants whose demands have not yet begun arbitration or CashorTrade may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and notwithstanding Subsection (E) above. the arbitrator will determine whether the proceedings will occur remotely via video- or telephone-conference or the location where any in-person proceedings will be conducted. Each claimant may strike the arbitrator selected by their counsel and CashorTrade for the batch and where such strike is exercised, the objecting claimant’s demand will be included in any simultaneously proceeding batch, or the next following batch.
You agree to cooperate in good faith with CashorTrade and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures or authorizing class arbitration of any kind. Unless CashorTrade otherwise consents in writing, CashorTrade does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Subsection (F) and Subsection (C). If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.

The parties agree that this batching provision is integral to the Arbitration Agreement insofar as it applies to a Mass Filing. If the batching provision in this Subsection (F) is found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor CashorTrade shall be required to arbitrate any claim that is a part of the Mass Filing.

(G) Mediation Following First Batch in a Mass Filing. The results of the first completely adjudicated batch of demands will be given to a NAM mediator selected from a group of 5 mediators proposed by NAM, with CashorTrade and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results of the first batch are provided to the mediator, CashorTrade, the remaining claimants and their counsel, and the mediator will have 90 days (the Mediation Period) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either CashorTrade or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither CashorTrade nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process in Subsection (F). Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

(H) Arbitrator’s Decision. The arbitrator’s decision shall be controlled by the terms and conditions of these Terms. The arbitrator will render an award within the time frame specified in the applicable NAM rules and procedures. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the terms of Sections 20 and 21 (“Disclaimer of Warranties” and “Limitation of Liability”) as to the types and the amounts of damages or other relief for which a party may be held liable. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute except to preclude the same or similar claims from being re-arbitrated between the same parties. Attorneys’ fees will be available to the prevailing party in the arbitration if authorized under applicable substantive law governing the claims in the arbitration.
(I) Fees. Except as otherwise required by applicable law, NAM rules will govern the amount you and CashorTrade must pay to NAM for arbitration fees, including with respect to any fee waivers. However, if the arbitrator determines that your claim(s) were frivolous or asserted in bad faith, you understand and agree that consistent with NAM’s rules permitting sanctions, and as set forth in this Arbitration Agreement, you may be required to reimburse CashorTrade for arbitration fees (including attorneys’ fees) CashorTrade incurred to defend your claim(s).

The parties further agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM’s Rules where it deems appropriate (including as specified in Subsection (F)) provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

You are responsible for your own attorneys’ fees, except to the extent otherwise provided by these Terms, NAM rules, and/or applicable law. CashorTrade won’t seek its attorneys’ fees and arbitration costs from you with respect to claims that you file, unless the arbitrator determines that your claim is frivolous, or you have engaged in conduct that is considered sanctionable under either NAM’s rules or Federal Rule of Civil Procedure 11. CashorTrade may seek attorneys’ fees as provided by these Terms, NAM rules, and/or applicable law for claims it pursues against you.

(J) 30-Day Right to Opt Out. You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to support@cashortrade.org   with the subject line, “ARBITRATION OPT-OUT”. You must send this notice from the email address associated with your account (if you have one), or if this is not possible, you must promptly cooperate with us to identify your account if you have one. Regardless of the email address you use, you must promptly cooperate with any request from us to authenticate that you are the accountholder (if you hold an account) and that you are the actual sender of the notice. Your notice must include your name and address, the email address you currently use to access your CashorTrade account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. The notice must be sent within thirty (30) days of the date the Terms are updated or your first use of the Services, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with this Arbitration Agreement. If you opt out of the Arbitration Agreement, you or CashorTrade may exercise your or our right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, CashorTrade also will not be bound by it.
(K) Changes. CashorTrade may change this Section 22 at any time. CashorTrade will provide thirty (30) days’ notice of any material changes to this Section 22 by posting the update on cashortrade.org and/or sending an email to the address it has on file for your CashorTrade Services account, if any. Any such changes will go into effect at 11 a.m. Eastern Time 30 days after CashorTrade provides this notice and apply to all claims not yet filed regardless of when such claims may have accrued. If CashorTrade changes this Section 11 after the date you first accepted this Section 22 (or accepted any subsequent changes to this Section 11), you agree that your failure to terminate the Terms as described in Section 1 by the time it takes effect will be deemed acceptance of those changes.

23. CLASS ACTION WAIVER
If you have a dispute with CashorTrade that is not subject to the binding arbitration provisions in Section 22 above, then to the full extent permitted by law, you agree you may only resolve your disputes with CashorTrade on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, private attorney general actions, or other similar representative action. Likewise, these Terms and this class action waiver preclude you from participating in or recovering relief in any current or future class, collective, private attorney general or similar representative action brought against CashorTrade by someone else.

24. INDEMNIFICATION AND RELEASE 
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless CashorTrade and its officers, directors, shareholders, employees, licensors, and agents (the CashorTrade Indemnitees) against any claim or demand and all liabilities, costs, and expenses (including reasonable attorneys fees) incurred by any CashorTrade Indemnitee resulting from or arising out of (i) your breach of these Terms of Use; (ii) your failure to maintain up-to-date payout information on your Account; (iii) your misuse of our Site; (iv) your User Content; your violation of any law, statute, ordinance or regulation;  (v) your violation of the rights of any third party; and (vi) any dispute between you and any other User. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and you agree to cooperate with CashorTrade in defending such claims and not to settle any claim without CashorTrade’s prior written consent.

25. CHANGES; SITE AVAILABILITY 
CashorTrade reserves the right at any time to modify or discontinue, temporarily, or permanently, the Site, or any part of the Site at its sole discretion and with or without notice for any reason. CashorTrade performs regularly-scheduled maintenance of the Site. CashorTrade does not have an obligation to notify its users when this maintenance is scheduled to occur. While CashorTrade endeavors to avoid or minimize user impact, the Site (or any portion thereof) may be unavailable during such maintenance periods.

26. THIRD-PARTY LINKS 
The Site may contain links to websites operated by parties other than CashorTrade. Such links are provided solely as a convenience to you. CashorTrade does not control these websites and we are not responsible for the content, products, services, or information offered by any such third parties. The inclusion on the Site of links to such websites does not imply any endorsement of the content, products, or services offered or promoted by any third party. If you access or use any third-party resources, you do so entirely at your own risk, and we shall have no liability whatsoever arising from or relating to your access or use of such third-party resources. Additionally, note that you will be subject to the terms and conditions and the privacy policies imposed by such third parties. Complaints, claims, concerns, or questions regarding third-party websites should be directed to the third party.

27. UNSOLICITED INFORMATION 
From time to time, you may send us unsolicited information or materials, including, without limitation, ideas or suggestions related to new or improved services, enhancements, names, technologies, advertising and marketing campaigns, plans, or promotions (collectively, Unsolicited Information). Notwithstanding the foregoing, CashorTrade does not want to receive confidential or proprietary information from you, and you agree never to send to CashorTrade any User Content that would violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. By sending CashorTrade any Unsolicited Information you grant CashorTrade an unrestricted, irrevocable, perpetual, worldwide license to use, reproduce, display, perform, modify, transmit, and distribute such Unsolicited Information, and you also agree that CashorTrade is free to use any ideas, concepts, know-how, or techniques that you send to it for any purpose, without attribution or compensation to you of any kind. CashorTrade has no obligation to review any Unsolicited Information. These provisions do not govern CashorTrade's obligations with respect to your personal information, which obligations are set forth in CashorTrade’s Privacy Policy.

28. NOTICES 
Except as otherwise stated in these Terms or as expressly required by law, any notice to us shall be given by registered mail to CashorTrade, Attn: Legal, 28 Howard St, Ste 212, Burlington, Vermont 05401. Any notice to you shall be given to the most current email address in your account. Notice to you shall be deemed given 24 hours after the email is sent unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the postal address provided during registration. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.

29. ASSIGNMENT 
These Terms are not assignable, transferable, or sublicensable by you except with CashorTrade’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, reorganization, sale of CashorTrade’s assets, or similar transaction.
 

30. CashorTrade SMS Terms & Conditions 
Program description: When opted-in, you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages may include login verification codes and updates on ticket transactions.
Program frequency: Message frequency will vary depending on the conversation.

Opt out:You can opt-out of this service at any time. Just text "STOP" to the phone number. After you text "STOP" to us, we will send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text "START," and we will start sending SMS messages to you again.

Help: If you are experiencing any issues, you can get help directly from us by creating a support ticket through the Help Center

Interruption: Carriers, such as AT&T, are not liable for delayed or undelivered messages.

Costs: Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.

Privacy: If you have any questions regarding privacy, please read our Privacy Policy
 

31. ADDITIONAL TERMS 
The Site is controlled and operated from the United States and is intended for individuals in the United States. Users who access or use the Site from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site or export or re-export any portion of the Site or its technology if you are a resident of a country embargoed by the United States or a foreign person or entity blocked or denied by the United States government.

The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity of the remaining provisions herein or the validity of all provisions in another jurisdiction. CashorTrade's performance of these Terms is subject to existing laws and legal processes, and nothing contained in these Terms is in derogation of CashorTrade's right to comply with law enforcement requests or requirements relating to your use of the Site.

No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these Terms of Use or your use of the Site, except as expressly set forth in Section 13.A. Except as expressly set forth herein, nothing in these Terms of Use is intended to confer benefits, rights, or remedies unto any person or entity other than the parties hereto and their permitted successors and assigns. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms constitute the entire agreement between you and CashorTrade with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and CashorTrade with respect to the Site. No amendment, modification, or supplement of any provision of these Terms of Use will be valid or effective unless made in accordance with the express terms of these Terms of Use.

32. REGION-SPECIFIC ADDITIONAL PROVISIONS 
If you are a California resident, in accordance with Cal. Civ. Code 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Pursuant to 815 ILCS 414/1.5(c), for transactions involving Tickets to events in the state of Illinois, a Site user may elect to submit complaints against another Site user to the AAA. Such complaints shall be decided by an independent arbitrator in accordance with these Terms of Use and the AAAs Rules. Such Site users further agree to submit to the jurisdiction of the State of Illinois.