Terms of Service and Platform Agreement

Document Overview

This Agreement is intended to function as Rush Ticketing LLC's principal platform contract. It combines in a single instrument the general terms of platform use, the event organizer agreement, the attendee purchase terms and event participation waiver, the marketplace and tax allocation provisions, dispute resolution terms, and a privacy notice.

• Part I contains the general platform terms applicable to all users.
• Part II contains additional terms that apply to Event Organizers, including promoters, hosts, venues, DJs, artists, production teams, staff, contractors, and other event-side users.
• Part III contains additional terms that apply to Attendees, ticket purchasers, ticket holders, guests, and invitees.
• Part IV contains payment, tax, refund, chargeback, liability, dispute resolution, and privacy provisions.

1. Parties; Acceptance; Scope of Agreement

1.1 Parties.

This Terms of Service and Platform Agreement (the "Agreement") is entered into by and between Rush Ticketing LLC, a Florida limited liability company ("Rush Ticketing," "Rush," "Company," "we," "us," or "our"), and each individual or entity that accesses, browses, registers for, lists events on, purchases tickets through, receives tickets through, or otherwise uses the Rush Ticketing website, mobile applications, software, application programming interfaces, messaging tools, analytics tools, embedded checkout tools, event management tools, and related products and services (collectively, the "Platform").

1.2 Acceptance.

By accessing or using any portion of the Platform, you represent and warrant that you have read, understood, and agree to be bound by this Agreement and by any additional policies, guidelines, disclosures, notices, or supplemental terms that we may publish, display, or otherwise make available through the Platform from time to time. If you do not agree, you must not access or use the Platform.

1.3 Capacity and Authority.

You represent and warrant that you are legally competent to enter into a binding agreement and, if you are using the Platform on behalf of a company, venue, promoter group, production company, partnership, nonprofit, or other organization, you further represent and warrant that you have full power and authority to bind that person or entity to this Agreement.

1.4 Scope.

This Agreement applies to all users of the Platform, including without limitation Event Organizers and Attendees. Certain sections apply specially to Event Organizers and certain sections apply specially to Attendees, but all provisions shall be interpreted broadly to the fullest extent permitted by law.

2. Definitions

2.1 Defined Terms.

For purposes of this Agreement, the following terms shall have the meanings set forth below.

2.2 Platform.

The term "Platform" means the Rush Ticketing website, web pages, mobile applications, embedded widgets, software, databases, communications tools, ticketing services, event listing services, checkout pages, QR or barcode functionality, reporting tools, and any other products, features, content, or services made available by Rush Ticketing.

2.3 Event.

The term "Event" means any gathering, concert, party, festival, performance, activation, social function, nightlife event, exhibition, branded experience, celebration, fundraiser, entertainment event, private event, public event, pop-up, or other activity or occurrence for which a ticket, registration, reservation, or admission credential is offered, marketed, promoted, distributed, or managed through the Platform, including but not limited to any associated pre-party, after-party, VIP area, add-on package, or related experience.

2.4 Event Organizer.

The term "Event Organizer" means any person or entity that creates, lists, manages, staffs, promotes, markets, produces, operates, hosts, supports, or otherwise participates on the event side of an Event, including but not limited to promoters, event hosts, event managers, DJs, artists, talent buyers, venues, venue owners, venue operators, production companies, security companies, marketing agencies, street teams, photographers, staff, contractors, volunteers, and representatives.

2.5 Attendee.

The term "Attendee" means any person who purchases, receives, claims, holds, uses, presents, or attempts to use a Ticket or attend an Event, including but not limited to ticket buyers, guests, invitees, plus-ones, and transferees.

2.6 Ticket.

The term "Ticket" means any digital or physical admission credential, registration, pass, reservation, barcode, QR code, confirmation number, wristband, guest list entry, table reservation confirmation, membership access credential, or similar item evidencing a right or attempted right to obtain admission, access, entry, or participation.

3. Nature of the Platform; Marketplace Status

3.1 Marketplace Only.

Rush Ticketing operates solely as a technology platform and marketplace that facilitates connections and transactions between Event Organizers and Attendees. Unless Rush Ticketing expressly agrees otherwise in a separate written instrument signed by an authorized officer of the Company, Rush Ticketing does not own, lease, control, supervise, direct, or operate Events, venues, performers, security staff, production personnel, transportation, parking, alcohol service, or any other event-side activities.

3.2 No Event Operations.

Rush Ticketing is not the organizer, promoter, producer, venue operator, security provider, bartender, caterer, transportation provider, or insurer for any Event. We do not undertake, and expressly disclaim, any duty to inspect, supervise, control, or guarantee any Event, venue, admission line, alcohol service area, parking area, backstage area, production setup, or attendee conduct.

3.3 Independent Parties.

Each Event Organizer and each Attendee is independent from Rush Ticketing. Nothing in this Agreement creates any partnership, joint venture, employment relationship, franchise, agency, fiduciary relationship, or similar relationship between Rush Ticketing and any user, except for the limited agency concepts that may apply solely to the extent expressly stated in connection with payment processing and only to the minimum extent necessary to facilitate transactions.

3.4 Seller and Merchant of Record for Events.

As between Rush Ticketing and an Event Organizer, the Event Organizer is and remains the seller, offeror, issuer, and merchant of record for Event access, Event admission, and Event-related goods and services unless Rush Ticketing expressly states otherwise in writing for a specific transaction or program. The Event Organizer, and not Rush Ticketing, is responsible for the Event itself and for the underlying transaction represented by the Ticket.

4. Eligibility; Registration; Accounts

4.1 Eligibility.

You may use the Platform only if you can form a binding contract with Rush Ticketing and are not barred from using the Platform under applicable law. If you are an individual using the Platform on behalf of an organization, you represent that you have authority to do so.

4.2 Registration Information.

You agree to provide true, accurate, current, and complete registration, identity, business, payout, contact, and other information requested by us or by our service providers, including information requested for fraud prevention, payment processing, tax reporting, sanctions screening, age verification, or regulatory compliance.

4.3 Account Security.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You must notify us promptly of any suspected unauthorized access, compromise, or misuse.

4.4 Suspension and Termination.

We may approve, deny, limit, suspend, hold, restrict, or terminate any account, event listing, payment flow, payout, feature access, or use of the Platform at any time, with or without notice, for any reason or no reason, to the maximum extent permitted by law, including but not limited to suspected fraud, elevated chargeback risk, legal concerns, complaints, safety concerns, incomplete verification, prohibited content, prohibited conduct, reputational concerns, or breach of this Agreement.

5. Event Listings; Content; Accuracy

5.1 Organizer Content.

Event Organizers are solely responsible for all event pages, ticket descriptions, age restrictions, images, performer lineups, start times, end times, dress codes, venue directions, capacity statements, refund disclosures, health and safety notices, and all other content and representations relating to an Event.

5.2 No Guarantee of Accuracy.

Rush Ticketing does not warrant or guarantee the truthfulness, completeness, legality, safety, quality, timing, availability, authenticity, or accuracy of any Event listing, event content, Ticket inventory, admission rule, or statement made by any Event Organizer, venue, performer, sponsor, vendor, or other third party.

5.3 Right to Remove or Edit.

We may, but are not obligated to, remove, reject, edit, disable, or restrict any Event listing, content, image, advertisement, message, or account content that we believe may violate this Agreement, infringe rights, create risk, expose us to liability, or otherwise be objectionable.

6. Ticket Purchases; All Sales Final; No Refunds

6.1 Purchase Transaction.

When an Attendee purchases a Ticket through the Platform, the Attendee is entering into a transaction with the applicable Event Organizer. Rush Ticketing's role is limited to facilitating the checkout flow and related marketplace services.

6.2 All Sales Final.

Except only to the extent prohibited by applicable law or expressly required by a separate written policy issued by Rush Ticketing for a specific transaction, all Ticket sales are final, non-cancelable, non-returnable, and non-refundable.

6.3 No Refund Circumstances.

Without limiting the foregoing, no refund, credit, reversal, exchange, or other compensation is owed by Rush Ticketing due to or arising from Event cancellation, postponement, rescheduling, lineup or performer changes, venue changes, partial performance, shortened performance, weather, traffic, transportation issues, parking issues, personal conflicts, illness, emergencies, travel delays, denied entry, removal from venue, changes in seating or access, dissatisfaction with the Event, or failure to read the event description.

6.4 Organizer Responsibility for Voluntary Refunds.

If an Event Organizer elects to provide refunds, credits, make-goods, transfers, rain checks, or other accommodations, that decision and all obligations relating to such accommodations are solely between the Event Organizer and the Attendee unless Rush Ticketing expressly undertakes a limited role in administering the refund through the Platform.

7. Admission; Venue Rules; IDs; Age Restrictions

7.1 Admission Decisions.

Admission to any Event is controlled by the Event Organizer, the venue, venue staff, security personnel, and other event-side parties, not by Rush Ticketing. Rush Ticketing does not control entry decisions and is not responsible for denied entry, delayed entry, ejection, refusal of service, or venue enforcement actions.

7.2 IDs and Age Checks.

Rush Ticketing does not check IDs, verify ages at the door, inspect fake or invalid identification, validate intoxication status, or determine compliance with age-restricted admission policies. Those duties belong solely to the Event Organizer, venue, security, and other event-side personnel.

7.3 Venue Policies.

Events may be subject to venue policies, including but not limited to bag checks, metal detectors, security searches, dress codes, age restrictions, re-entry rules, prohibited items rules, camera rules, smoking rules, alcohol rules, and behavioral requirements. Rush Ticketing has no liability arising from the adoption, enforcement, or inconsistent enforcement of such policies.

8. Event Risks; Assumption of Risk; Attendee Release

8.1 Inherent Risks.

Attending or attempting to attend an Event involves inherent and obvious risks, as well as unforeseeable risks, including but not limited to slips, trips, falls, crowd surges, crushing, fights, altercations, intoxicated patrons, theft, lost property, fire, pyrotechnics, sound and lighting equipment hazards, structural issues, weather exposure, disease exposure, communicable illness exposure, transportation incidents, parking lot incidents, assault, battery, emotional distress, hearing damage, and death.

8.2 Voluntary Assumption of Risk.

Each Attendee knowingly, voluntarily, and irrevocably assumes all risks of attending, traveling to, traveling from, waiting in line for, or otherwise participating in any Event, whether such risks arise from negligence, acts or omissions of others, dangerous conditions, or otherwise, to the fullest extent permitted by law.

8.3 Release.

To the fullest extent permitted by law, each Attendee, on behalf of the Attendee and the Attendee's heirs, estate, representatives, successors, assigns, family members, guests, and companions, releases and discharges Rush Ticketing and its owners, managers, members, officers, employees, contractors, agents, affiliates, successors, and assigns from any and all claims, demands, causes of action, liabilities, losses, damages, costs, and expenses arising out of or relating in any way to any Event, venue, admission process, or event-related incident, including but not limited to claims for personal injury, death, emotional distress, property loss, or economic loss, except only to the extent such release is prohibited by applicable law.

9. Event Organizer Obligations

9.1 Organizer Responsibility.

Each Event Organizer is solely and exclusively responsible for every aspect of any Event listed or connected to the Platform, including but not limited to planning, scheduling, permitting, licensing, insurance, staffing, security, artist contracting, alcohol compliance, food service compliance, crowd control, ticket scanning, entry line management, ADA and accessibility compliance, emergency planning, age verification, management of intoxicated or disruptive persons, venue preparation, transportation planning, parking, compliance with curfews, and post-event cleanup.

9.2 Legal Compliance.

Each Event Organizer shall obtain, maintain, and comply with all permits, authorizations, licenses, certificates, permissions, and approvals required under applicable law, contract, or venue policy for the Event and for all goods and services offered or provided in connection with the Event.

9.3 Truthful Marketing.

Each Event Organizer represents and warrants that all marketing, promotion, and content relating to its Events will be truthful, non-misleading, and legally compliant, and will not infringe or misappropriate any intellectual property, privacy, publicity, contractual, or other rights of any person.

9.4 Insurance.

Rush Ticketing may require an Event Organizer to maintain insurance, including but not limited to commercial general liability insurance, liquor liability insurance, event cancellation insurance, hired and non-owned auto insurance, workers compensation coverage, employer's liability coverage, or any other insurance that Rush Ticketing or a venue considers appropriate. Even if Rush Ticketing does not request proof of insurance, the Event Organizer remains solely responsible for determining and maintaining appropriate coverage.

10. Prohibited Events; Prohibited Uses

10.1 Prohibited Events.

The Platform may not be used for Events or transactions involving unlawful conduct or unlawful goods or services, or conduct that creates excessive legal, chargeback, fraud, safety, sanctions, reputational, or regulatory risk, including but not limited to illegal drugs, unlawful gambling, unlicensed raffles, violent or dangerous activities, exploitative content, infringing merchandise, fraudulent investment activity, or any Event or transaction prohibited by our payment partners or by applicable law.

10.2 Prohibited Conduct.

You may not use the Platform to commit fraud, impersonation, unauthorized ticket resale, data scraping, credential sharing, phishing, account takeovers, denial-of-service activity, malware distribution, intellectual property infringement, deceptive marketing, or any other misuse.

10.3 Investigations.

We may investigate suspected violations and may cooperate with venues, payment processors, law enforcement, regulators, rights holders, and other third parties.

11. Payments; Processors; Payouts; Holds

11.1 Third-Party Payment Services.

Rush Ticketing may use one or more third-party payment processors, banking partners, payout providers, fraud tools, or similar service providers to facilitate transactions. Your use of certain payment functionality may also be subject to additional terms imposed by such providers.

11.2 No Guarantee of Processing or Payout.

Rush Ticketing does not guarantee that any payment, charge, payout, refund, disbursement, or settlement will be completed, accepted, or completed within any specific timeframe. Payment processing and payout timing may be affected by fraud reviews, processor holds, bank delays, reserve requirements, account mismatches, compliance reviews, technical issues, or other circumstances.

11.3 Holds, Reserves, and Setoff.

We may place holds, establish reserves, delay payouts, deduct amounts, or set off sums that are due or potentially due to us or to third parties in connection with refunds, chargebacks, fines, penalties, fraud claims, complaints, taxes, processor losses, legal process, or breach of this Agreement.

11.4 Incorrect Payment Information.

If a user provides incorrect payout or banking information, that user bears all resulting losses, fees, reversals, recalls, recovery costs, and delays.

12. Chargebacks; Payment Disputes; Collection Rights

12.1 Organizer Responsibility for Chargebacks.

As between Rush Ticketing and the Event Organizer, the Event Organizer is solely responsible for all chargebacks, disputes, reversals, retrieval requests, card association assessments, bank penalties, processor fees, and related losses associated with the Event Organizer's Events and transactions.

12.2 Recovery.

Rush Ticketing may recover any amount owed to it by charging a payment method on file, debiting a payout account where permitted, offsetting against current or future amounts otherwise payable, invoicing the user, using reserve funds, assigning the debt, or pursuing any other lawful remedy.

12.3 Costs of Collection.

Amounts not paid when due may bear interest at the lesser of one percent (1%) per month or the maximum rate permitted by law, and the owing party shall reimburse Rush Ticketing for reasonable attorneys' fees, court costs, collection agency fees, and other out-of-pocket costs of enforcement.

13. Taxes; Marketplace Tax Allocation

13.1 Organizer Tax Responsibility.

Each Event Organizer is solely responsible for determining, calculating, collecting, reporting, filing, remitting, and paying all taxes, duties, levies, charges, fees, and governmental assessments arising from or relating to the Event Organizer's Events, Ticket sales, add-on sales, admissions, services, merchandise, gratuities, sponsorships, concessions, and any other event-related transaction, including but not limited to sales taxes, use taxes, amusement taxes, admissions taxes, entertainment taxes, gross receipts taxes, value-added taxes, goods and services taxes, municipal taxes, county taxes, state taxes, excise taxes, tourism taxes, facility fees, and similar amounts.

13.2 Rush Ticketing Not Responsible for Sales Tax Collection for Organizer Transactions.

Because Rush Ticketing operates as a marketplace and technology provider and not as the event operator or underlying seller for Event transactions, Rush Ticketing is not responsible for collecting, reporting, or remitting sales tax or other event-related taxes on behalf of Event Organizers except solely to the extent a specific law affirmatively requires us to do so for a specific jurisdiction or transaction.

13.3 No Assumption of Tax Duties.

Nothing in the Platform, the checkout flow, any reporting dashboard, any fee display, or any customer support communication shall be interpreted as tax advice or as an assumption by Rush Ticketing of any tax collection or tax remittance obligation belonging to an Event Organizer, venue, promoter, or other event-side party.

13.4 Tax Indemnity.

Each Event Organizer shall defend, indemnify, and hold harmless Rush Ticketing from and against any audit, assessment, deficiency, liability, tax, interest, penalty, cost, or expense arising out of or relating to the Event Organizer's failure to determine, collect, report, or remit taxes or to comply with tax law.

14. Privacy; Data Use; Communications Consent

14.1 Information We Collect.

We may collect, generate, receive, infer, store, analyze, use, and disclose information relating to users and transactions, including but not limited to names, usernames, contact information, billing information, ticket history, event history, device identifiers, browser data, operating system data, IP addresses, coarse or precise location data where enabled, communications data, marketing engagement data, cookie data, and fraud or risk indicators.

14.2 Purposes of Use.

We may use information for lawful business purposes, including but not limited to providing the Platform, processing transactions, preventing fraud, managing risk, authenticating users, sending service communications, sending promotional communications where permitted, conducting analytics, improving products, developing features, training internal models and tools, supporting business operations, enforcing our agreements, complying with law, and operating or marketing the business.

14.3 Sharing.

We may disclose information to service providers, payment processors, venues, Event Organizers, analytics providers, advertising partners, professional advisers, acquirers or investors in connection with corporate transactions, and governmental authorities where required or permitted by law.

14.4 Organizer Use of Attendee Data.

An Event Organizer may receive certain Attendee data relating to its Events. The Event Organizer is solely responsible for its own use, storage, disclosure, and processing of such data and shall comply with all privacy, marketing, spam, consumer protection, and data security laws applicable to that Organizer.

14.5 Messaging Consent.

By providing contact information or using the Platform, you consent, where permitted by law, to receive transactional, operational, promotional, or marketing communications from Rush Ticketing and, where applicable, from Event Organizers, including by email, SMS, push notification, or other means. Message and data rates may apply. Consent is not a condition of purchase where prohibited by law.

15. User Content License; Media Release

15.1 Content License.

To the fullest extent permitted by law, by submitting or posting content through the Platform, you grant Rush Ticketing a worldwide, non-exclusive, royalty-free, transferable, sublicensable right and license to host, store, reproduce, modify, adapt, publish, display, distribute, perform, and otherwise use such content in connection with operating, improving, marketing, and promoting the Platform and the business.

15.2 Media Release for Events.

By attending or participating in any Event, each Attendee grants to Rush Ticketing, the Event Organizer, and each of their respective designees the irrevocable right to photograph, film, record, stream, broadcast, edit, reproduce, display, publish, distribute, and otherwise use the Attendee's name, image, likeness, voice, and appearance as captured in event-related media for any lawful purpose, including but not limited to publicity, marketing, advertising, content creation, archival use, social media, and promotional materials, without compensation or approval, except where prohibited by law.

16. Warranty Disclaimers

16.1 As Is; As Available.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, RUSH TICKETING DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, OR ERROR-FREE PERFORMANCE.

16.2 No Warranty as to Events.

WITHOUT LIMITING THE FOREGOING, RUSH TICKETING MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY EVENT, EVENT ORGANIZER, VENUE, PERFORMER, CROWD, SECURITY ARRANGEMENT, AGE POLICY, ALCOHOL SERVICE, SAFETY PRACTICE, OR ADMISSION DECISION.

16.3 No Warranty as to Platform Performance.

RUSH TICKETING DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL ALWAYS BE ACCURATE OR COMPLETE, OR THAT THE PLATFORM OR ANY SERVER OR EMAIL SENT BY US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

17. Limitation of Liability

17.1 Excluded Damages.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RUSH TICKETING OR ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, PERSONAL INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR DEATH, ARISING OUT OF OR RELATING TO THE PLATFORM, ANY EVENT, OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Liability Cap.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF RUSH TICKETING FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM, ANY EVENT, OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100), OR (B) THE AMOUNT OF PLATFORM FEES ACTUALLY RETAINED BY RUSH TICKETING FROM THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

17.3 Essential Basis.

The parties acknowledge that the disclaimers and limitations of liability set forth in this Agreement are a fundamental basis of the bargain and that Rush Ticketing would not make the Platform available on the same terms without them.

18. Indemnification

18.1 By All Users.

You agree to defend, indemnify, and hold harmless Rush Ticketing and its owners, members, managers, officers, employees, contractors, agents, affiliates, successors, assigns, licensors, and service providers from and against any and all claims, actions, investigations, demands, liabilities, damages, judgments, losses, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Platform, your breach of this Agreement, your violation of law, your infringement or misappropriation of rights, or your negligence or misconduct.

18.2 Additional Organizer Indemnity.

Without limiting the foregoing, each Event Organizer shall defend, indemnify, and hold harmless the foregoing parties from and against any and all claims arising from or relating to the Organizer's Events, venues, staff, contractors, performers, alcohol service, age verification failures, ticketing representations, refunds, chargebacks, taxes, injuries, deaths, property damage, security incidents, crowd incidents, or regulatory violations.

19. Dispute Resolution; Arbitration; Class Action Waiver

19.1 Informal Resolution First.

Before initiating arbitration or litigation, the claimant shall provide written notice of the dispute and a short description of the claim and requested relief, and the parties shall attempt in good faith to resolve the dispute informally for at least thirty (30) days.

19.2 Binding Arbitration.

Except to the extent prohibited by law or except for claims eligible for small claims court, any dispute, claim, or controversy arising out of or relating to the Platform, any Event, any Ticket, any transaction, or this Agreement shall be resolved by final and binding arbitration on an individual basis, and not in court. The arbitration shall be administered in Florida by a reputable arbitration provider selected by Rush Ticketing, under rules applicable to consumer or commercial disputes as appropriate.

19.3 Class Action Waiver.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND RUSH TICKETING EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, WHETHER IN COURT OR IN ARBITRATION. ALL CLAIMS MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY.

19.4 Jury Trial Waiver.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND RUSH TICKETING EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PERMITTED COURT ACTION.

20. Governing Law; Venue for Non-Arbitrable Matters

20.1 Governing Law.

This Agreement and any dispute arising out of or relating to it shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent preempted by federal law.

20.2 Venue.

For any dispute not subject to arbitration, and to the extent venue selection is enforceable, the exclusive venue shall be the state or federal courts located in Florida, and each party consents to personal jurisdiction there.

21. Electronic Consent; Notices

21.1 Electronic Contracting.

You agree that this Agreement and all disclosures, notices, consents, records, and communications may be provided electronically and that your electronic actions, including clicking to accept, checking a box, signing electronically, creating an account, or using the Platform, constitute your electronic signature and agreement.

21.2 Notices to You.

We may provide notices by posting them on the Platform, by email, by SMS, by in-app message, or by any other contact method associated with your account.

21.3 Notices to Us.

Unless we specify another method, legal notices to Rush Ticketing must be sent to the contact information stated in the Platform or in this Agreement and must clearly identify the sender and subject matter.

22. Intellectual Property

22.1 Company Property.

The Platform, including its software, source and object code, layouts, designs, logos, trademarks, service marks, trade dress, text, graphics, databases, and other content made available by Rush Ticketing, is owned by or licensed to Rush Ticketing and is protected by intellectual property and other laws.

22.2 Limited License.

Subject to this Agreement, Rush Ticketing grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform solely for its intended purpose. No rights are granted except as expressly stated.

23. Termination; Survival

23.1 Termination by Us.

We may terminate or suspend this Agreement or your access to the Platform at any time. Termination shall not limit any rights or remedies of Rush Ticketing.

23.2 Effect of Termination.

Upon termination, all rights granted to you under this Agreement shall immediately cease, but all provisions that by their nature should survive shall survive, including but not limited to payment obligations, tax obligations, refund obligations, indemnification obligations, limitations of liability, dispute resolution terms, intellectual property provisions, and data rights.

24. Miscellaneous

24.1 Force Majeure.

Rush Ticketing shall not be liable for any delay, interruption, or failure to perform caused by events beyond its reasonable control, including but not limited to acts of God, weather, flood, fire, labor disruption, war, terrorism, pandemic, epidemic, internet outage, utility failure, hosting failure, cyberattack, processor outage, bank delay, governmental action, or venue closure.

24.2 Assignment.

You may not assign or transfer this Agreement or any rights or obligations hereunder without our prior written consent. Rush Ticketing may assign this Agreement in whole or in part without restriction.

24.3 Severability.

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and the invalid provision shall be enforced to the maximum extent permitted.

24.4 No Waiver.

No failure or delay by Rush Ticketing in exercising any right or remedy shall operate as a waiver of that or any other right or remedy.

24.5 Entire Agreement.

This Agreement constitutes the entire agreement between you and Rush Ticketing regarding the Platform and supersedes all prior or contemporaneous understandings, communications, and agreements on that subject, except for any separate written agreement signed by an authorized representative of Rush Ticketing.

25. Organizer-Specific Acknowledgment

25.1 Organizer Acknowledgment.

By creating, publishing, managing, staffing, promoting, or operating an Event through the Platform, each Event Organizer specifically acknowledges and agrees that Rush Ticketing is only a marketplace and software provider; that the Event Organizer is solely responsible for the Event, tax compliance, licenses, insurance, venue conduct, staff conduct, attendee safety measures, and legal compliance; and that the Event Organizer shall not represent to any third party that Rush Ticketing is the event host, tax collector for the Organizer, venue operator, guarantor of safety, or insurer for the Event.

26. Attendee-Specific Acknowledgment

26.1 Attendee Acknowledgment.

By purchasing, receiving, holding, or using a Ticket, each Attendee specifically acknowledges and agrees that Rush Ticketing is only a marketplace and software provider; that all sales are final absent a legal requirement to the contrary; that admission decisions are controlled by the Event Organizer and venue; that Rush Ticketing does not check IDs at the door; and that the Attendee assumes all risks associated with attendance and releases Rush Ticketing as stated in this Agreement.

Signature and Internal Completion Block

This page is optional and may be used by Rush Ticketing LLC for internal approval, legal review, or countersignature purposes if the Company elects to use a signed version of this Agreement.