Last Updated: Dec, 1 2023
NOTICE OF ARBITRATION AGREEMENT
FOR ALL USERS RESIDING IN THE UNITED STATES AND CANADA PLEASE BE ADVISED: SECTION 15 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SI TICKETS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
SI Tickets respects intellectual property rights and we respond to notices of alleged infringement.
If you reside in the United States, and you find material on our Site or Services that you believe infringes your copyright or other intellectual property rights, please notify us and we will investigate.
Notice of Infringement: If you have a good faith belief that your intellectual property rights have been violated in content appearing on the site, you can submit a Notice of Claimed Infringement to SI Ticket’s designated agent with the following information: 1) The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) Identification or description of the copyrighted work or other intellectual property you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the right at issue (for example, trademark or patent); 3) Identification or description of where the material that you claim is infringing is located on SI Tickets, with enough detail that we may find it on the Site including, whenever possible, the URL; 4) Brief description of how the challenged content infringes the owner’s intellectual property rights; 5) Your address, telephone number, and email address; 6) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; and 7) A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf.
SI Ticket's designated agent can be contacted as follows: by mail to SI Ticket's Designated Agent, SI Tickets, 234 10th Avenue, #20273, New York, NY 10011-9993, by email to email@example.com; or by phone at 646-453-7400.
A. Prohibition of Class and Representative Actions and Non-Individualized Relief
Prohibition of Class and Representative Actions
EXCEPT WHERE PROHIBITED BY LAW, YOU AND SI TICKETS AGREE THAT EACH OF US MAY BRING CLAIMS PURSUANT TO THIS AGREEMENT TO ARBITRATE AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND SI TICKETS AGREE OTHERWISE, THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
YOU AND SI TICKETS AGREE THAT THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OR THE GENERAL PUBLIC. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then subject to your and SI Ticket’s right to appeal the court’s decision, that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims will be arbitrated.
B. Arbitration Procedures
All issues are for the arbitrator to decide, except those issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the AAA under the Rules, as modified by this Agreement to Arbitrate. The Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The language of the arbitration shall be English. The arbitration will take place in New York, NY.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). A Notice to SI Tickets should be sent to SI Tickets, 234 10th Avenue, #20273, New York, NY 10011-9993 Attn: General Counsel. SI Tickets will send any Notice to you to the physical address we have on file associated with your SI Tickets account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and SI Tickets are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or SI Tickets may initiate arbitration proceedings pursuant to the Rules. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to SI Tickets at the following address: SI Tickets, 234 10th Avenue, #20273, New York, NY 10011-9993 In the event SI Tickets initiates arbitration against you, it will send a copy of the completed form to the physical address that you provided and we have on file associated with your SI Tickets account. Any settlement offer made by you or SI Tickets shall not be disclosed to the arbitrator. The arbitration shall be held in the county in which you reside or at another mutually-agreed location. If the value of the relief sought is $10,000 or less, you or SI Tickets may elect to have the arbitration conducted by telephone, by remote means, or based solely on written submissions, which election shall be binding on you and SI Tickets subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or SI Tickets may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different SI Tickets users, but is bound by rulings in prior arbitrations involving the same SI Tickets user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
C. Costs of Arbitration
F. Reservation Amendments to the Agreement to Arbitrate
The entity you are contracting with is SI Tickets, Inc.