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Event Attendee (Ticket Holder)
Standard Terms and Conditions

By registering for or purchasing a ticket for an event, you agree to the below Event Attendee (Ticket Holder) Standard Terms and Conditions (“Standard Terms”), including our Privacy Policy.

Ticket Tomato (“we”, “our”, “us”, or “Ticketing Agent”) is an online ticketing company which processes ticket purchases and provides ticketing and registration services for the Promoter for specific Events or a series of Events. The Ticketing Agent is not affiliated with any Promoter. The Ticketing Agent is not responsible, and cannot be held liable, for any action, omission, or event related to or arising from the Event for which you are registering or for which tickets are being sold or purchased. You can contact the Ticketing Agent directly at:

Ticket Tomato, LLC
6200 SW Virginia Ave., Suite 208, Portland, OR 97239
[email protected], www.tickettomato.com

Event (the “Event”) refers to the specific event or series of events that you are registering for a ticket or purchasing one or more tickets to attend through the Ticketing Agent, and includes current, future, and prior events.

Event Organizer (Promoter) (the “Promoter”) is the person or entity associated with any account created on the Ticketing Agent’s website and any person or entity for whom an Event is listed on our website or for whom tickets are issued or sold though the Ticketing Agent’s website to Ticket Holders, and any authorized agent of the foregoing, including others engaged to provide goods or services to the Promoter in relation to the Event.

Event Attendee (Ticket Holder) (“you” or the “Ticket Holder”) is the person or entity who registers for or purchases tickets to an Event, and all persons for whom a ticket is issued or who hold a valid ticket for an Event. The Ticketing Agent may, at their sole discretion, chose who—between a ticket purchaser and a ticket holder—will receive any refund, exchange, replacement, or similar benefit with respect to a ticket.

1.  Credit Card Authorization; Payment Processing – If you are using your debit or credit card to register or purchase tickets for an Event, you hereby authorize us to immediately charge your debit or credit card for the ticket price plus all service charges and other additional charges for each ticket purchased. You further agree that if your debit or credit card becomes invalid, you will provide a new valid debit or credit card upon request, to be charged for the payment of any outstanding balances owed. Your payment will be processed through our gateway Authorize.net. By registering for or purchasing one or more tickets, you agree to these Standard Terms and to the terms and conditions of our payment processor. You may contact us directly with questions regarding our payment processor.

2.  Ticket Delivery – The Ticketing Agent delivers all tickets through email, downloadable link, or through Will Call should the Promoter request this option. The Ticket Holder assumes all risk of a lost ticket, theft, delay, damage, or destruction during the delivery process of the ticket or tickets. Tickets that are lost stolen, delayed, damaged, or destroyed during delivery, or at any time after delivery, will not be replaced or refunded.

3.  Rescheduled/Cancelled Events – The Promoter may cancel or reschedule any Event. It is at the discretion of the Promoter whether to offer to refund the face value of the ticket or exchange the tickets for a similar or equivalent event should a cancellation or rescheduling occur. The Ticketing Agent may assist in providing instructions on our website or via email on how to exchange Event specific tickets, or obtain a refund should a Promoter cancel or reschedule an Event. All service charges are non-refundable and will not be refunded in the event of a cancellation or rescheduled Event, unless the Promoter agrees to pay the Ticketing Agent directly for the service charges of the Ticket Holder.

4.  Pricing, Additional Charges, Availability, and Seating – All Event ticket prices are set by the Promoter, not the Ticketing Agent. The ticket price may include the Ticketing Agent’s service charges or such service charges may be in addition to the ticket price. The Ticketing Agent’s service charges generally range from $1.75 to $5.00 per ticket, plus the card processing fee (which is approximately 3.5%). There may be certain Events for which the Ticketing Agent’s service charges may be higher. Additionally:

  • There may be times when a separate venue fee may be added by the Promoter or venue.
  • Depending on where the Event is held, there may be times when the sale is subject to sales tax, which the Promoter may direct be included in the stated ticket price or be stated as a separate charge.
  • The maximum number of tickets issued or sold for an Event is set by the Promoter. The Ticketing Agent is not responsible if an Event venue reaches maximum capacity prior to the admission of all Ticket Holders. If more tickets are issued or sold than the venue can accommodate, the Promoter is solely responsible for choosing any amount and the method of refund, including but not limited to a refund, or ticket exchange for an equivalent seat or event. The Ticketing Agent’s service charges will not be refunded, unless the Promoter agrees to pay the Ticketing Agent directly for the service charges of the Ticket Holder.
  • Venue seating charts are provided by the Promoter. The Ticketing Agent is not responsible for incorrect seating information, or Ticket Holder dissatisfaction with selected seating. Any seating dispute is between the Ticket Holder and the Promoter. Service charges will not be refunded if a ticket purchaser is dissatisfied with selected seating, unless the Promoter agrees to pay the Ticketing Agent directly for the service charges of the Ticket Holder.

5.  Refunds or Exchanges – All sales are final. All tickets are non-refundable. Please review all ticketing information carefully throughout the process of your ticket purchase or registration. Refunds or exchanges of tickets are solely determined by the Promoter, unless the Event is cancelled or reschedule please see Cancelled/Rescheduled Events for further information. To inquire about a specific refund policy for a specific Event, please contact the Ticketing Agent or the Promoter directly. All service charges are non-refundable and will not be refunded unless the Promoter agrees to pay the Ticketing Agent directly for the service charges of the Ticket Holder.

6.  Order Cancellation – The Ticketing Agent reserves the right to cancel ticket orders for any reason, not limited to incorrect billing information and/or fraud. The Ticketing Agent’s service charge will not be refunded for an order cancellation, unless the Promoter agrees to pay the Ticketing Agent directly for the service charges of the Ticket Holder.

7.  Resale of Tickets – Tickets issued or purchased through the Ticketing Agent are for individual use only and not for resale. Resale will automatically void tickets and bar any right to refunds, exchanges, and entry into the Event. If an Ticket Holder is registering or purchasing tickets for or on behalf of a small group of family members, friends, or similar group, then these Standard Terms are binding upon all persons in such group as though such group member was the original Ticket Holder.

8.  Privacy Policy – Please click on our Privacy Policy for further information. When you use our services, you consent to the collection and processing of your information as described in these Standard Terms and our Privacy Policy.

Ticket Tomato attempts to collect the minimum amount of personal data and information as possible. We adhere to the General Data Protection Regulation the European Union instituted. Ticket Tomato maintains PCI compliance for all processing and reviews and regularly updates our status and registration. Ticket Tomato strives to maintain a safe and secure environment that protects the private personal information of Ticket Holders.

Key Privacy Policies:

  • We do not store, or house credit card numbers and our customer service representatives only have access to the last four digits of a customer card number.
  • Ticket Tomato does not sell data or customer information.
  • We believe in protecting the data, privacy and information of Promotors and Ticket Holders. However, we may disclose your information when we are legally required to do so to comply with applicable law, a judicial or regulatory proceeding, a court or governmental agency order, or other legal process or requirement, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • As a third-party ticketing and event management service, Ticket Tomato website is required to share the information you provide with the Promoter for the Event you are registering or purchasing a ticket for. Once the information is passed onto the Promoter, Ticket Tomato does not have information or control over how the Promoter uses, discloses, or retains your information.

9.  DISCLAIMER OF WARRANTIES – YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE TICKETING AGENT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, AND ACCURACY OF DATA.

10.  LIMITATIONS ON LIABILITY – TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE TICKETING AGENT OR ANY OF ITS OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ACTUAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY, ILLNESS, OR DEATH, OR ANY INTANGIBLE LOSSES) ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ATTENDANCE AT THE EVENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE UNDER THEORY OF BREACH OF CONTRACT, TORT, NEGLIGENCE, CONTRACT, WARRANTY, STATUTE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, THE TICKETING AGENT’S LIABILITY TO YOU ARISING FROM THESE STANDARD TERMS, THE USE OF OR INABILITY TO USE THE SERVICES OR ATTEND THE EVENT, WILL AT ALL TIMES BE LIMITED TO THE SERVICING CHARGE RECEIVED BY THE TICKETING AGENT FOR THE SERVICES. YOU FURTHER RELEASE THE COMPANY AND HOLD IT HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE AS CITED ABOVE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND ATTENDANCE AT THE EVENT. To the extent the Ticketing Agent may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

11.  Dispute Resolution – You hereby agree to resolve any and all controversies, claims, and/or disputes (each, a “Dispute”) arising from or related to your use of our services or these Standard Terms as follows:

  • Choice of Law. These Standard Terms and any and all Disputes will be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule.
  • Venue. Any Dispute arising from or related to your use of our services or these Standard Terms may be instituted exclusively in the federal and state courts in and for Multnomah County, Oregon, USA, which courts will have exclusive jurisdiction and venue and any right to remove or transfer such Dispute to another court is irrevocably waived.
  • Attorney Fees. In the event suit, action, or arbitration is instituted between Event Attendee and the Ticketing Agent, the Ticketing Agent will be entitled to recover from the other party such sum as the court or arbitrator may adjudge reasonable as attorney fees at arbitration, hearing, or trial and on appeal of such suit, action, or arbitration, in addition to all other sums provided by law.
  • Arbitration. Any Dispute arising from or related to your use of our services or these Standard Terms, or to the existence, validity, or scope of this arbitration agreement, will be resolved by binding and confidential arbitration administered by the Arbitration Service of Portland, Inc. (“ASP”) under its then effective arbitration rules, as supplemented by the provisions of this section. The arbitration will be conducted by an impartial arbitrator experienced in commercial law and mutually agreed to by the parties within 60 days after service by the initiating party of the ASP Statement of Claim on the party against whom relief is sought. If the parties cannot agree to an arbitrator, the arbitrator will be selected by ASP. The arbitration will be conducted in the English language and will be held in Portland, Oregon, unless otherwise agreed by the parties. The arbitration proceedings will be confidential, and no party, nor its counsel, nor the arbitrator may disclose the existence, content or results of any arbitration without the written consent of the other party or parties to the arbitration, except as necessary to enforce the award or as required by applicable law. The award of the arbitrator may be enforced as a judgment by any court of competent jurisdiction. The parties to the arbitration will each pay an equal share of ASP’s fees and charges regardless of the outcome of the arbitration. Each party is responsible for that party’s own attorneys’ fees and costs, except as otherwise provided in these Standard Terms.

12.  Waiver; Severability – No failure or delay to enforce any part of these Standard Terms will constitute a waiver of the Ticketing Agent’s right to later enforce any right or exercise any remedy available under these Standard Terms or applicable law. No oral waiver, amendment, or modification of these Standard Terms will be effective. If any term or the application thereof to any person or circumstances in these Standard Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these Standard Terms, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected and will continue in full force and effect.

13.  Modifications – Ticketing Agent will update these Standard Terms in our sole discretion and as necessary to remain compliant with relevant applicable law. Changes to these Standard Terms may be made at any time, from time to time, and without notice. The updated Standard Terms will be effective no later than when posted, and may be effective prior to posting or retroactively applied if we decide such retroactive application is necessary to comply with relevant applicable law.