TERMS OF USE - NORTH AMERICA
Last updated June 10, 2025
Welcome to AXS! This website, mobile application and service is owned and operated by AXS Group LLC, and its affiliates AXS Digital LLC, which processes sales for events in the United States, and AXS Group Canada Inc. which processes sales for events in Canada (collectively, "AXS", "us", "our" or "we"). The following are the terms and conditions of use ("Terms" or "Terms of Use") that govern the use of our websites located at axs.com and any other website where we post these terms (the "Site(s)"), our mobile applications (the "Mobile App(s)"), our ticketing SDKs and APIs ("APIs"), our self-service ticket kiosks (the "Kiosk(s))", and any related products or services purchased and/or provided in connection with the Site, the Mobile App, the APIs, and the Kiosks (collectively referred to as the "Services.") PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICES OR MAKING ANY PURCHASE ON OR THROUGH THE SERVICES. BY CONTINUING TO USE THE SITE, PURCHASING A TICKET, OR OTHERWISE USING OUR SERVICES, YOU AGREE TO THESE TERMS. THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND AXS. Certain areas of the Services (involving, for example, sweepstakes, or ticket purchases) may contain or require additional terms and conditions, including, if applicable, the AXS Purchase Agreement, or any ticket purchase terms and conditions provided by the venue, promoter, or other third party. IMPORTANT: PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND US WILL BE RESOLVED AND HOW YOU CAN BRING CLAIMS. THESE TERMS REQUIRE, AMONG OTHER THINGS, THAT ALL DISPUTES WITH AXS BE RESOLVED ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. UNLESS YOU OPT OUT OF THE DISPUTE RESOLUTION AGREEMENT WITHIN 30 DAYS OF YOUR FIRST USE OF THE SERVICES OR YOUR LAST TICKET PURCHASE, WHICHEVER OCCURS LAST, IN ACCORDANCE WITH THESE TERMS, THE PARTIES AGREE, AMONG OTHER THINGS, THAT (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS ON AN INDIVIDUAL BASIS AND (2) YOU AND AXS WAIVE THE RIGHT TO (A) SEEK RELIEF IN A COURT OF LAW, WITH THE EXCEPTION OF SMALL CLAIMS COURT, AND (B) HAVE A JURY TRIAL.
TABLE OF CONTENTS
- AGREEMENT TO TERMS
- ABOUT OUR SERVICES
- CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- CUSTOMER ACCOUNTS, PORTAL ACCOUNTS, AND ACCOUNT MANAGEMENT
- TERMINATION AND SUSPENSION
- USE OF SERVICES
- DISCLAIMER OF IMPLIED WARRANTIES
- LIMITATION OF LIABILITY
- INDEMNIFICATION
- WAIVER
- DISPUTE RESOLUTION AGREEMENT (INCLUDING MANDATORY ARBITRATION AGREEMENT, AGREEMENT TO PROCEED IN SMALL CLAIMS COURT, AND CLASS ACTION AND JURY TRIAL WAIVER)
- 30-Day Right to Opt Out
- Informal Dispute Resolution Process (Step 1)
- Dispute Resolution Through Small Claims Court (Step 2a)
- Dispute Resolution Through Arbitration (Step 2b)
- GOVERNING LAW
- INVALIDITY AND SEVERABILITY
- THIRD-PARTY WEBSITES AND INTERACTIONS
- MOBILE APP
- TEXT MESSAGING
- NOTICES
- MISCELLANEOUS
- CONTACT INFORMATION
AGREEMENT TO TERMS
By using the Services and/or by proceeding with a transaction, whether via a mobile device, computer, or otherwise, you agree and acknowledge that you (1) have read, understand, and agree to be bound by the Terms of Use (including the Arbitration Agreement), the Privacy Policy, and the Purchase Agreement; (2) are a legal adult or, if under the age of majority, you have the consent of your parent or legal guardian to use the Services, and (3) you have the right, authority, and capacity to agree to the Terms. Use of the Services by persons under the age of 13 or by persons between the ages of 13 and 18 without the prior permission of a parent or legal guardian is void.
Access or use of the Services is void where prohibited by applicable law.
The Services are operated from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THE SERVICES.
We reserve the right, at our sole discretion, to alter or remove contents or features on the Services, as well as change, modify, add, or remove portions of these Terms of Use at any time. This may include initiating or changing fees or charges for use of the Services or portions thereof. Any changes to these Terms of Use or any Terms shown on the Services will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms on the Services. We may add, change, discontinue, remove or suspend any other content displayed on the Services, including features and specifications of products and services described or depicted on the Services, temporarily or permanently, at any time, without notice and without liability. Please check these Terms periodically for changes. Your continued use of the Services following the posting of changes to these Terms constitutes your acceptance of the then-current Terms.
Privacy Policy
These Terms of Use incorporate AXS's Privacy Policy. We encourage you to read our Privacy Policy to better understand how you can update, manage, access, and delete your information. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
Purchase agreement
You agree that all purchases made by you through the Services are subject to the AXS Purchase Agreement and may be subject to additional terms and conditions provided by the venue, promoter, or other party involved in the event or service to which you have purchased a Right(as defined below). Please review any terms and conditions (including those of any third party) that govern your order or purchase of any tickets through the Services and the use of such tickets. WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEB SITES, INCLUDING PURCHASES MADE ON THOSE SITES.
Entire Agreement
These Terms (including the Dispute Resolution Agreement and Code of Conduct below, and the Privacy Policy and Purchase Agreement) represent the entire understanding and agreement between the parties relating to the Services. These Terms supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and us.
ABOUT OUR SERVICES
AXS is the owner and operator of proprietary, web-based electronic ticketing systems and applications. We license these ticketing systems and applications and other ticketing-related services to our clients, such as entertainment venues and sports teams, to enable consumers to purchase and manage tickets to our clients' events.
One of our Services is an electronic marketplace provided by AXS that allows individuals holding applicable rights to enter events (e.g., professional sports games, concerts, etc.), to park during events, and/or to access concessions during events (individually or collectively, "Rights"), and to sell or transfer such Rights to other persons. Holders of Right(s) ("Holders"), whether they are the original holder, a transferee or a purchaser, may redeem such Right(s) at the venue of the event for which they hold Rights. To redeem the Right(s), the Holder will scan a credit card, state issued identification card, and/or mobile device that they have previously registered on our Site when they enter the venue. The Holder will then be able to enter the event, park and/or purchase a preset dollar value of concessions, depending upon the type of Right that they are redeeming.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all of the content contained on the Services (which includes, without limitation, all information, graphics, text, images, photographs, videos, music, sound, illustrations, and the design, selection and arrangement thereof), as well as the software (including any images or files incorporated in or generated by the software), underlying code, and data accompanying the software for the Site (collectively, the "Software"). The Services and Software are protected by copyright, patent and/or trademark and/or other proprietary intellectual property rights, which are owned or licensed by us and/or our third party licensors and/or suppliers, and are protected under United States and international intellectual property laws. By using the Services, you acknowledge that you do not acquire any ownership rights to the Services, Software or any contents thereof.
Limited License; Restrictions
We provide the Services to you for the purposes of providing you with information about us, as well as the exciting events, venues and other products and services offered or described on the Services. You are granted a revocable, limited, personal, non-exclusive, and non-transferable license to use the Software and/or view or download the materials contained on the Services (the "Materials") to a single personal computer, and to print a hard copy of the materials contained on the Services, solely for your personal, non-commercial use, and provided all copyright, patent, trademark and other proprietary notices are left intact. You may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on, or in conjunction with, the Materials. Except for the foregoing license or as limited by applicable law, you have no other rights in the Services or the Materials and you are not permitted to use, reproduce, modify, edit, display, publicly perform, distribute, reverse engineer, alter, enhance, exploit, or create derivative works in any other media, by any means and for any purpose without our prior written permission. In all cases, the Site or Mobile App must be acknowledged as the source of the material.
The grant of this limited license is conditional upon your agreement to and full compliance with these Terms. Any other use of the Software or any of the materials on the Services, including use on any other website, reproduction (for any purposes other than those noted above), modification, distribution, or republication, without our prior written permission is strictly prohibited, and is a violation of our proprietary rights and/or the rights or our licensors.
If you download any Software from the Services, the Software, is subject to the limited license set out above. We and/or our suppliers (as the case may be) retain all right, title, interest and intellectual property rights (including any copyrights, trademarks, patents, trade secrets or other intellectual property) in and to the Software. You may not distribute, sell, use or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it, or otherwise using it for commercial purposes.
The trademarks, logos, and service marks displayed on the Services (collectively the "Trademarks") are the registered and unregistered trademarks owned by us or by our licensors, service providers and or others that have granted us permission to use such Trademarks. You may not use the Trademarks in connection with any product or service that is not offered by us, and users are not granted any license or right to use the Trademarks for commercial or any unauthorized purposes.
All rights not expressly granted herein are reserved. Any unauthorized use of the Materials or violation of this provision is a material breach of these Terms of Use and may be a violation of applicable law. If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.
CUSTOMER ACCOUNTS, PORTAL ACCOUNTS, AND ACCOUNT MANAGEMENT
To use certain features of the Services, you may need a username and password, which you will receive through the registration process. It is a condition of your use of the Services that all the information you provide through the Services is correct, current, and complete, and that you have the authority to provide such information to us. You are responsible for maintaining the confidentiality of your account information, including the password, and for all activity that occurs under your account. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us in writing immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. You may be held liable for losses incurred by us or any other user of the Services due to someone else using your password or customer account. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You may not use anyone else's password or customer account. You may not attempt to gain unauthorized access to the Services, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. We have the right to refuse registration, prohibit the use of any username, password, or other identifier, whether chosen by you or provided by us, or to close your account or deny access to the Services for any reason and at any time at our sold discretion.
As part of our Services, we may provide access to a customer portal that allows certain registered users to manage season tickets and long-term or recurring purchases. We allow users of the service to create different access roles for different users authorized to access a single account. The named account holder is the "Primary Account Holder". The Primary Account Holder may designate additional parties ("Associate Account Holders") who may manage aspects of the Primary Account Holder's account. For example, as a Primary Account Holder, you may add and remove Associate Account Holders through your customer portal. Associate Account Holders may add, edit, or remove credit cards, process payments, and forward tickets, or perform other actions as specified on the Site. However, Associate Account Holders may not update the certain information of the Primary Account Holder for security purposes.
By designating an Associate Account Holder, Primary Account Holders agree to defend, indemnify and hold AXS harmless for the actions taken by your Associate Account Holder in accordance with the permissions granted to such Associate Account Holder. YOU, AND IF APPLICABLE, YOUR ASSOCIATE ACCOUNT HOLDER(S), ARE LIABLE FOR ALL ACTIONS TAKEN UNDER YOUR ACCOUNT. AXS DISCLAIMS ANY AND ALL LIABILITY FOR ACTIONS TAKEN BY YOUR ASSOCIATE ACCOUNT HOLDERS UNDER YOUR ACCOUNT. It is solely your responsibility to determine when or whether to grant and restrict the access rights of your Associate Account Holders.
Furthermore, we and designated personnel of the venues associated with an event, event producers and/or event promoters are authorized to perform any action on your behalf that you could otherwise perform if instructed by someone in possession of your account authorization information, including the addition of Associate Account Holders. You agree that we may perform these actions, including, but not limited to, addition or correction of account profile information, addition of additional forms of electronic identification to your account, creation of Associate Account Holder accounts, transferring tickets and/or Right(s) to others, listing tickets and/or Right(s) for sale, informing the caller of the status and amount of bids on your existing listings, accepting bids for tickets and/or Right(s), making bids for tickets and/or Right(s), and/or purchasing tickets and/or Right(s).
Assignment
You may not assign, delegate, or transfer these Terms of Use, or your rights and obligations hereunder (including with respect to your AXS account), to any other person in any way (by operation of law or otherwise) without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may transfer, assign, or delegate these Terms and its rights and obligations hereunder to any other person without your consent. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind AXS in any manner.
TERMINATION AND SUSPENSION
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account with us. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use, including but not limited to any breach of the Code of Conduct, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of our Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the services provided by us. Termination of your account with us includes (a) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (b) barring of further use of the service provided by us. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the services provided by us.
Without limiting any other remedies that we may have available at law or in equity, upon our confirmation that you have breached any provision of this Agreement or the agreements referenced in this Agreement, we may, without notice, cancel any pending transaction you may have with us, charge you the sales fee associated with the canceled transaction and restrict or deny your access to our website and services, including any services that we provide through channels other than the Internet.
In our sole discretion, we may grant certain clients on whose behalf we sell tickets (such as venues, teams, and event hosts) and their account administrators the right to request termination, suspension or for us to otherwise disable access to Primary Account Holder or Authorized User accounts in the event the Primary Account Holder fails to adhere to the terms and conditions placed on such user by the client, including but not limited to: violations of the client's purchase terms and conditions, venue policies, or for Primary Account Holder's failure to fulfill payment obligations to the client.
USE OF SERVICES
You agree to not use the Services in any way that violates the rights of AXS, its employees, or other persons; causes injury of any type to any person; or that is unlawful under any applicable civil or criminal law. You agree to use the Services only for lawful purposes.
You may not use the Services to:
- post or distribute any software or other materials that contain a virus, worms, Trojan horses, defects, date bombs, time bombs or other harmful or disabling component;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content displayed by, or transmitted over, the Services;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, including AXS or any of its employees, including improper use of passwords, pass codes, pre-sale codes or discount codes if you are not the original recipient of such code;
- interfere with or disrupt any servers or networks used to provide the Services or any features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Services;
- change or alter the Services;
- gain, or attempt to gain, unauthorized access to the Services, or any account, computer system, or network connected to the Services (including ticketing web sites, whether operated by us or others), by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means.
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;
- gather any email addresses or other personal information that has been posted by other users of the Services for marketing or for commercial or other improper purposes;
- interfere with or induce a breach of the contractual relationships between us and our employees, vendors, or other third parties;
- "frame" or "mirror" the Services, or any part thereof; or
- use any automatic means (e.g., robot, spider, offline reader, the Services search/retrieval application or other manual or automatic device or process) to (a) retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or any content, and/or (b) to make multiple and repetitive inquiries to access, reload or "refresh" transactional event or ticketing pages. The only exception relates to public search engines used solely to create publicly available search indices (which we may revoke such rights at any time in our sole discretion).
While using the Services, you agree to comply with all applicable laws, rules and regulations. Please let us know if you believe someone is violating the Use of Services guidelines outlined in this Section.
We reserve the right to remove or edit content from the Services at any time and for any reason. By uploading or submitting any materials to us or the Services, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
When reading content posted by end-users, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any user-generated content area. Information obtained from end-users may not be reliable. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.
AXS has no obligation, but maintains the right, to monitor the Services. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Services or on the Internet, which may include disclosing any information we obtain. In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Services, to protect AXS and/or our Services users, or for any other purpose that the law permits.
DISCLAIMER OF IMPLIED WARRANTIES
THE SERVICES AND THEIR CONTENTS ARE PROVIDED "AS-IS" AND "AS-AVAILABLE," WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF USE INCLUDING BUT NOT LIMITATED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, AVAILABLE, OR CURRENT, OR THAT THE SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE USER OF THE SERVICES ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THE SERVICES. AXS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE SERVICES. While we try to provide accurate information on the Services, the data and other information contained on the Services are subject to frequent changes. We also receive information from a variety of sources that we do not control and for which we cannot be responsible. As a result, we explicitly disclaim any responsibility for the accuracy, content, validity, timeliness, completeness, or availability of information made available to you on the Services or other websites that link to or from the Services. AXS cannot and does not guarantee continuous, uninterrupted, or secure access to the Services. AXS is not liable for any failure of the Services arising or resulting from events beyond the control of AXS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER AXS NOR ANY OF ITS PARENTS, AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES ("RELEASEES"), ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO:
- ANY USE OF THE SERVICES,
- THE SERVICES AND/OR MATERIALS CONTAINED ON THE SERVICES, AND/OR
- ANY LINKED WEBSITES OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE).
WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AXS SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR:
- ANY FAILURE OF A USER TO CONFORM TO THE CODE OF CONDUCT OR THESE TERMS,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM OUR NEGLIGENCE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR THOSE OF OUR SERVICE PROVIDER(S) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
- ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
- ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES,
- ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET; AND/OR
- ANY INCIDENT THAT OCCURS AT OR RELATED TO ANY EVENT FOR WHICH YOU PURCHASE TICKETS THROUGH THESE SERVICES AND/OR OUR SITES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, OR THE LINKED WEBSITES, AS APPLICABLE. AXS'S MAXIMUM LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE COST OF THE TRANSACTION AT ISSUE, EXCLUDING ANY APPLICABLE STATUTORY DAMAGES.
THE LIMITATIONS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CERTAIN FORMS OF LIABILITY IDENTIFIED ABOVE, IN SUCH STATES OR JURISDICTIONS, AXS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES' TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Release
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. To the fullest extent permitted by law, you expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Releasees from and against all liabilities, claims, damages, costs and expenses, including attorneys' fees arising out of: your use of the Services; any material you post, upload, e-mail or otherwise transmit to or using the Services; or your violation, breach or alleged violation or breach of these Terms of Use.
WAIVER
Any waiver of any provision of these Terms of Use must be in writing, and must be signed by the party waiving its rights in order to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. No failure, omission or delay on the part of AXS or you in exercising any right under these Terms will preclude any other further exercise of that right or other right under these Terms.
DISPUTE RESOLUTION AGREEMENT (INCLUDING MANDATORY ARBITRATION AGREEMENT, AGREEMENT TO PROCEED IN SMALL CLAIMS COURT, AND CLASS ACTION AND JURY TRIAL WAIVER)
(Not applicable to Quebec consumers)
Please carefully review this section. By continuing to use the Services, you are agreeing to resolve any Dispute (defined below) with AXS either (1) through binding arbitration, or (2) in small claims court; to waive your rights to a jury trial (to the extent permitted by law); and to waive your right to participate in any class action lawsuit (the "Dispute Resolution Agreement").
You agree that any dispute, claim, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, negligence, intentional tort, injunctive and equitable claims) arising out of or relating in any way to (1) these Terms of Use (including any alleged breach of these Terms), (2) your access to or use of the Services or any products, services, or information you receive through our Services, and/or (3) your relationship with AXS (each, a "Dispute") shall be resolved either by (1) confidential, binding arbitration in Los Angeles County, California, USA or in the county located within the USA in which you reside, or (2) in small claims court in Los Angeles County, California, USA or in the county located within the USA in which you reside. "Dispute" as used in this Dispute Resolution Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior agreement and claims that arise during the term of this Dispute Resolution Agreement or after the termination of this Dispute Resolution Agreement.
30-Day Right to Opt Out
You have the right to opt out of this Dispute Resolution Agreement by sending us written notice, within 30 days from your first use of the Services or your last ticket purchase, whichever occurs last, to the following email address: [email protected]. You must include information in your opt out notice, sufficient to identify you, such as the email address or phone number associated with your AXS account(s) (if applicable), and a statement that you are opting out of this Dispute Resolution Agreement. If you opt out of this Dispute Resolution Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Dispute Resolution Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Informal Dispute Resolution Process (Step 1)
If you have a Dispute with AXS ("Your Dispute"), before formally pursuing Your Dispute in small claims court or arbitration, you agree to first follow this Informal Dispute Resolution Process. You must first send a notice ("Notice") to AXS at [email protected] or to the physical address noted in the Contact Information Section below. This Notice must contain the following information: (i) your full name; (ii) information that enables AXS to identify your account, your address, mobile phone number and email address; and (iii) a detailed description of Your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any).
Unless otherwise set forth in these Terms or in AXS's Purchase Agreement, where prior Notice to you shall not be sent, if AXS has a Dispute with you ("AXS's Dispute"), before formally pursuing AXS's Dispute, AXS agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, such other contact information associated with your account. AXS's Dispute Notice must likewise set forth a detailed description of AXS's Dispute, including the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any).
You and AXS agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, AXS may request a telephone or video conference (by way of example, but not limited to, Zoom or Teams) with you to discuss Your Dispute, and you agree to personally participate, with the option of having your attorney participate if you are represented by counsel. Likewise, you may request a telephone or video conference to discuss AXS's Dispute with you, and AXS agrees to have one representative participate. If the Dispute is not resolved within 30 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or AXS may initiate an arbitration (subject to either Party's right to elect small claims court as provided below).
Completion of this informal dispute resolution process is a condition precedent to filing any demand for arbitration or small claims court action. The statute of limitations and any filing fee deadlines will be tolled while you and AXS engage in this informal dispute resolution process. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action accordingly.
Dispute Resolution Through Small Claims Court (Step 2a)
Notwithstanding the foregoing, either you or AXS may elect to have the Dispute resolved in small claims court located in (i) the county where you reside; or (ii) Los Angeles County, California, where AXS resides. Any Dispute elected to be resolved in small claims court shall be governed and construed in accordance with the laws of the state in which the Dispute occurred. If the request to proceed in small claims court is made by either Party after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration shall be administratively closed by the arbitration provider (e.g., JAMS). With the exception of Questions of Arbitrability, which shall be exclusively resolved by the arbitrator, the small claims court shall have the authority to resolve any Dispute within its jurisdiction. Any controversy over the small claims court's jurisdiction shall be exclusively determined by such small claims court. The Parties to a small claims court action have the right to seek equitable and/or injunctive relief from a court of competent jurisdiction. No determinations made by a small claims court shall have preclusive effect in any proceeding involving AXS and anyone other than you. In the event such small claims court specifically determines that it is without jurisdiction to hear the Dispute, you and AXS shall arbitrate the Dispute under the terms of this Agreement. With any filing in small claims court, you must include a certification that you have complied with and completed the Informal Dispute Resolution Provision Process above.
Dispute Resolution Through Arbitration (Step 2b)
Unless you or AXS elect to have the Dispute resolved in small claims court or you timely opt-out of the Dispute Resolution Agreement, any Dispute shall be exclusively resolved through binding individual arbitration. Interpretation and enforcement of this Dispute Resolution Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. Any arbitration between you and AXS shall be administered by Judicial Arbitration and Mediation Services ("JAMS") in accordance with the rules and procedures provided under JAMS Comprehensive Arbitration Rules & Procedures (the "JAMS Rules"), or any other applicable rules and procedures provided by JAMS that govern the subject-matter of the Dispute, that are in effect at the time any demand for arbitration is filed with JAMS. You are encouraged to review the JAMS Rules, which are available here. Except as expressly provided below in this Section, the JAMS Rules shall govern all arbitration fees and costs. Each Party has the right to use legal counsel in connection with arbitration, at its own expense.
If JAMS is unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an alternative arbitration provider that will replace JAMS and assume JAMS's role consistent with this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider's rules. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration provider who will assume JAMS's duties under this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider's rules.
- Commencing Arbitration. To initiate an arbitration, you or AXS shall submit to JAMS a demand for arbitration ("Demand for Arbitration") that describes the claim(s) and request for relief in detail, consistent with the JAMS Rules. You must include a certification that you have complied with and completed the Informal Dispute Resolution Provision Process above. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). Neither party will be responsible for any arbitration-associated payments, including any applicable filing or initiation fees, until these requirements have been satisfied.
- Administrative Termination of Arbitration. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively terminate any such demand for arbitration that (i) fails to exhaust the Informal Dispute Resolution Provision Process as set forth in the Informal Dispute Resolution Process Section above, or (ii) if either Party elects small claims court as set forth in the Dispute Resolution Through Small Claims Court Section above.
- Arbitrator. The arbitration shall be conducted by a single, neutral, arbitrator (the "Arbitrator"). If the parties are unable to agree upon an arbitrator within thirty (30) days of submitting the Demand for Arbitration, the parties agree that an arbitrator will be appointed in accordance with the JAMS Rules.
- Authority of Arbitrator. Except otherwise set forth in the Dispute Resolution Through Small Claims Court Section above, the Arbitrator shall have exclusive authority to resolve any Dispute. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including, without limitation, whether the Terms of Use (including this Dispute Resolution Agreement) are applicable, enforceable, unconscionable, or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel (collectively, "Questions of Arbitrability"). In addition, and consistent with the JAMS Rules , the Arbitrator shall have the authority to, among other things, (i) permit the exchange of discovery; (ii) grant the filing of dispositive motions, upon a showing of good cause; (iii) issue a final, written, decision that specifies the relief, if any, awarded and contains a brief statement of the reasons for the award; and (iv) award fees and costs as provided by the JAMS Rules or to the extent such fees and costs could be awarded in court. The Parties agree that any arbitration award shall only be binding between you and AXS and will not have any preclusive effect in another arbitration or proceeding that involves a different Party and AXS. Judgment on the arbitration award may be entered in any court having jurisdiction.
- Confidentiality. Upon a showing of good cause, the Arbitrator has the authority to issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed, except in connection with the arbitration or a proceeding to confirm or vacate the arbitration award, and that any permitted court filing of confidential information must be made under seal.
- Mass Filings and Batch Arbitrations. To increase the efficiency of administration and resolution of arbitrations, the Parties agree that in the event there are twenty-five (25) or more similar individual Demands for Arbitration filed against AXS ("Mass Filing"), the parties agree to follow the rules and procedures set forth under JAMS's Mass Arbitration Supplementary Rules that are in effect at the time any demand for arbitration is filed with JAMS (the "JAMS Mass Filing Rules"). You are encouraged to review the JAMS Mass Filing Rules, which are available here. The JAMS Mass Filing Rules shall govern all arbitration fees and costs associated with Mass Filings. To the extent there is a dispute as to whether the JAMS Mass Filing Rules and this Section apply, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of this Mass Filing and Batch Arbitration process.
- Arbitration Venue. The parties agree that the arbitration will be filed in a JAMS office in (i) the county closest to where you reside; or (ii) Los Angeles County, California.
- Hearings. Absent a showing of good cause or otherwise agreed upon by the Parties, the Parties agree to conduct all hearings via video conference.
Waiver of Jury Trial: TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND AXS EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT.
Waiver of Class and Other Non-Individualized Relief: EXCEPT AS PROVIDED IN THE OPT-OUT SECTION ABOVE, YOU WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST AXS OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF). THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM, EXCEPT THAT THE ARBITRATOR MAY ISSUE INJUNCTIVE AND/OR DECLARATORY RELIEF. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS, EXCEPT IN THE FORM OF A PUBLIC INJUNCTION AND/OR DECLARATORY RELIEF IF SUCH PUBLIC RELIEF IS AVAILABLE UNDER A STATUTE THAT IS THE SUBJECT OF THE DISPUTE.
Venue: In the event the above Dispute Resolution Agreement is for any reason held to be unenforceable or is otherwise deemed inapplicable, any litigation against AXS may be commenced only in the federal or state courts located in (i) the county and state in which you reside; or (ii) Los Angeles County, California. You hereby irrevocably consent to those courts' exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.
GOVERNING LAW
(Not applicable to Quebec consumers) These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law. With the exception of any matters subject to arbitration or small claims court as described above, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
INVALIDITY AND SEVERABILITY
If any provision of these Terms of Use is found invalid, void, or for any reason unenforceable, you agree that provision will be limited or eliminated, to the minimum extent necessary, and shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions and so that these Terms shall otherwise remain in full force and effect and enforceable.
For Quebec consumers: These Terms of Use and any dispute of any sort that might arise between you and AXS shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).
THIRD-PARTY WEBSITES AND INTERACTIONS
The Services may link to other websites that are not websites controlled or operated by us. Certain areas of the Services may allow you to interact and/or conduct transactions with third parties. Your navigation to and participation in promotions, your purchase of, payment for and delivery of goods or services, if any, and any terms and conditions, warranties, or representations related to such promotions or your purchase of goods and services ("Dealings") with third parties found on or accessible through the Services are solely between you and the third party. Advertisements and other information provided by third parties found on or made available through the Services are provided solely for your convenience and should not be construed as an endorsement by AXS of the materials, goods or services provided, or made available, by the third parties.
We are not responsible for the conduct of the operators of third-party sites, and we do not represent, warrant, or guarantee any products or services that you purchase from a third-party website that links to or from the Services or third-party content on the Services. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES AND/OR DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Links/Framing: The Services contain links to other Internet websites. We provide such links for your convenience only, and we are not responsible for the content in any website linked to or from the Services. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such websites, and that such websites will be free of viruses or other harmful elements. You may establish a hypertext link to the Services so long as the link does not state or imply any sponsorship of your website by us. However, you may not, without our prior written permission, frame or inline link any of the content of the Services, or incorporate into another website or other service any of our material, content or intellectual property.
MOBILE APP
The Services include our Mobile App, and certain functionality available via your mobile device, such the ability to browse the Site from your mobile device (collectively, the "Mobile Services"). At this time, we do not charge for the Mobile Services. However, your carrier's normal Internet access, messaging, data and other rates and fees will still apply. AXS will receive certain information about your use of the Mobile Services through our communications with your mobile device, and will handle such information in accordance with our Privacy Policy.
Permitted Use of Mobile Application
Our Mobile App is protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of AXS. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile App, or in any way compromise the security of data stored or transmitted by our Mobile App.
Mobile Devices & Third-Party Restrictions
You acknowledge and agree that the availability of any mobile application may be dependent on the third party from which you received the mobile application license (e.g., the Apple App Store, Google Play Store, or others). You acknowledge and agree that these Terms of Use are between you and AXS and not with the App Store and that AXS is responsible for the provision of services as described in these Terms of Use. Each third party App Store may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon, your compliance with the applicable third party App Store terms and conditions.
Any Mobile app installed from the Apple App Store, Google Play Store, or other app "store" must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other store. The following terms are required by Apple and are applicable if you install our Mobile App from the Apple App Store:
AXS, not Apple, is responsible for:
- The content in the Mobile App;
- Maintenance or support of the Mobile App;
- Any product warranties, whether express or implied;
- Addressing any claims of the end-user or any third party relating to the Mobile App or the end-user's possession and/or use of that Licensed Application, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,
- The investigation, defense, settlement and discharge of any third-party claim that the Mobile App or your possession and use of that Mobile App infringes a third party's intellectual property rights.
Further, if you install our Mobile App from the Apple App Store, you acknowledge that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and you will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof.
In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms of Use, these Terms of Use will control.
TEXT MESSAGING
You may opt-in to AXS text alerts by requesting them through our Services. You acknowledge that text messages may be sent by SMS, MMS, RCS, or successor protocols or technologies. Message quantities may vary. Depending on the terms of your contract with your mobile telecommunications service provider, message and data rates may apply. By requesting to receive these text messages you understand that these text messages will be sent using an automated dialing system. Your consent to receive these text messages is not required for purchasing any goods or services from AXS.
You may opt-out of AXS text alerts by replying "STOP" to any AXS text message or sending the text "STOP" to the short code listed in the text message. AXS will implement your request within a reasonable time, in accordance with applicable law. Please note, unless otherwise required by law, your request to opt out of receiving marketing communications will only apply to future marketing communications from AXS and will not stop you from receiving transactional or administrative texts, such as texts related to your AXS account, ticket purchases, event changes, fraud monitoring, or safety-related communications, applicable to an event for which you have purchased tickets.
You understand, acknowledge and agree that we or our service providers may, at our or their discretion and without liability to you, terminate an offer of text alerts at any time without advance notice to you. The sending of text messaging and these text messaging terms are subject to applicable federal and California law governing communications and privacy and are in addition to the service provider's terms of use and registration policies.
NOTICES
Notice Generally: Unless otherwise provided for herein, all notices regarding any matter pertaining to this Agreement, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by first class mail or courier, postage or air bill prepaid, and sent to: AXS Group LLC, 110 East 9th Street, Suite B800, Los Angeles, CA 90079, Attention: Legal Department. Notice will be deemed effective three (3) days after deposit with the United States Postal Service or courier. In addition, AXS Mobile ID may provide notice to you by either email or Certified Mail, postage prepaid and return receipt requested, sent to the physical address or email address you provided us with during any transaction conducted with us. Notice will be deemed effective twenty-four (24) hours after the sending of an email (unless returned due to an invalid email address) or three (3) days after mailing.
Notice of Dispute: If you have a Dispute with AXS, before formally pursuing Your Dispute in small claims court or arbitration, you agree to first send a notice to AXS in accordance with the Informal Dispute Resolution Process described above.
Notice of Copyright Infringement: AXS respects the intellectual property of others. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, used, or distributed via the Services in a manner that constitutes copyright infringement, please inform us by sending written notice to AXS at address or email set forth below. The notice should comply with the Digital Millennium Copyright Act (and international intellectual property law, where applicable), and include, among other things, the following information as set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)(A):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
- Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Your statement, under penalty of perjury, that (a) the information in your notice is accurate and complete, and (b) that you are the owner of the copyrighted work involved or that you are authorized to act on behalf of the owner of the copyrighted work
Please send notifications of infringement by email to our Copyright Agent at [email protected] or send them by mail to the address below. Notice for California Users. Under California Civil Code Section 1789.3, Services users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
MISCELLANEOUS
Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.
Information on the Services may contain technical inaccuracies or typographical errors. We attempt to make the Services' postings as accurate as possible, but we do not warrant the content of the Services is accurate, complete, reliable, current, or error-free.
Where we have provided a translation of these Terms of Use into a language other than English, then you agree that the translation is provided only for your convenience, and that the English language version of these Terms will govern your relationship with us. If there is any conflict between the English language version of these Terms and the translation of these Terms, then the English language version will control.
AXS shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
CONTACT INFORMATION
If you have any questions regarding these Terms of Use, excluding any communication requiring notice as outlined in the Opt Out Section, the Notice of Dispute Section and/or the Notice of Copyright Infringement Section above, please contact us at [email protected] or by mail at:
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