Buyer Services Agreement
I. Introduction and Definitions.
We are SH Suites LLC, a limited liability company formed in the state of Colorado. We operate a marketplace, including this website (the “Website”), called “SuiteHop.com.” In this Buyer Services Agreement we sometimes call ourselves “ SuiteHop” or “ we ,” and we sometimes refer to you, the Buyer or user, as “ you ,” “ user ,” or “ Buyer.” We call all of the words in these terms and conditions the “ Buyer Services Agreement ,” and we use other labels, set forth within parentheses, to refer to the meanings that we assign to those labels in this Buyer Services Agreement.
II. Here’s How It Works.
We offer an online ticket resale marketplace and facilitate transactions between you and prospective sellers of event tickets, admissions, or licenses and related passes, services, and goods (collectively called a “ Package”). The seller posts a listing to sell a Package on the Website. When you want to buy a Package, you submit an offer to buy the Package and we notify the seller. If the seller accepts your offer, we notify you by email, normally within twenty-four (24) hours of your offer. If your offer was accepted, we process your payment and notify you by email that the transaction is confirmed, the method of delivery, and the anticipated delivery date. The seller ships the Package to us and we send it on to you.
III. Our Agreements.
IV. Pricing and What We Offer.
Except in limited circumstances, we do not own the Package and we do not set the price. The prices are listed in United States Dollars ($). The price you pay may be different and higher than the face value price printed on an individual ticket or pass. The availability and market price of a Package are subject to change at any time prior to your receipt of confirmation that your offer to buy has been accepted.
Packages are offered and orders are fulfilled by event producers or promoters, established resellers, and private Package holders who may be companies or individuals, all of whom we have pre-qualified. You pay us. We retain our fee from the payment and we disburse the rest of the payment to the seller. In rare circumstances, we may own a Package and may set the price of the Package that we own.
Except in the rare case in which we own and are selling a Package, we offer our services to you, as a Package Buyer, only as an intermediary between you and third party providers of Packages or other services or goods. You acknowledge that we are not the agents, representatives, of employees of the Package seller or of any event, service, or goods provider. YOU AGREE THAT WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY OF ANY KIND ABOUT THE QUALITY OF ANY EVENT, PERFORMANCE, SERVICE, OR GOOD PROVIDED BY OR THROUGH ANY THIRD PARTY EVENT, SERVICE, OR GOOD PROVIDER, EVEN IN CASES IN WHICH WE ARE A SELLER. You agree that we are not responsible for any act, omission, failure, breach, or deficiency of or by any third party event, service, or good provider.
Unless we specifically state otherwise, we are not affiliated with any event producer, organizer, or promoter and do not claim that we are endorsed, approved, or sponsored by or otherwise affiliated with any event or any event producer, organizer, promoter, or participant. We refer to events only for the purposes of identifying the event.
V. SuiteHop Guaranty.
We guaranty that you will receive a Package that you have purchased in time for the event; that your Package will be the same as the Package for which you received confirmation of your offer to buy; and that your Package will be valid for entry to the event identified with the Package. In the event that we do not deliver on our guaranty, we will refund the purchase price of the Package to you.
VI. Making a Purchase.
You are responsible to know and understand all of the terms, conditions, and details of a Package listing before submitting your offer to buy a Package. When you submit an offer to buy, you are making a binding commitment to the seller to purchase the Package. You agree, unless we have stated otherwise in writing, to pay for your offer to buy in full at the time you submit your offer to buy. We do not guarantee that a Package is available or that the Package can be purchased for a particular price until you have received confirmation from us that the seller has accepted your offer to buy and we have received your payment in full. You cannot change or cancel any transaction after the sale is complete.
You are responsible to check the Package carefully when you receive it. In the event that you do not notify us of any discrepancy between the transaction confirmation we send to you and the Package you receive within forty-eight (48) hours of the time when you receive the Package, you agree that you will be deemed to have waived any claim that you may have with respect to any such discrepancy. In the event that you do not receive a Package, please contact us at through the Website at https://www.suitehop.com/contact-us within twenty-four (24) hours of the delivery date specified in the confirmation of your offer to buy.
Unless we have stated otherwise in writing, all offers to buy are final and, except for payments for events that are cancelled without being rescheduled, all payments are non-refundable. No refunds or credits will be given for any reason other than event cancellation without rescheduling.
You unconditionally agree that you will not resell or otherwise transfer all or any part of any Package to any person or entity without first getting our consent in writing. We may withhold our consent in our sole discretion and for any reason.
We will notify you by email that we have received your offer to buy. When we have received notice from the seller of the seller’s acceptance of your offer to buy and when we have received payment in full from you, we will notify you by email that your transaction is confirmed. You agree that we do not represent, warrant, or guaranty that a Package is available for purchase until you have received the email from us notifying you that your transaction is confirmed.
In the event that you do not receive the Package, we will try to locate the Package and arrange for delivery prior to the event. In the event that the Package cannot be delivered before the event, we will try to find a comparable or better replacement. In the event that we cannot replace a Package, we will refund the purchase price of the Package to you.
The Package will be delivered to you in the manner specified in the notice that the transaction is confirmed or using the methods of transfer and delivery that may be required by the third party event, service, or good provider. We promise that you will receive the Package prior to the time the event commences. You agree to arrange to accept delivery in a timely and secure manner. You agree that you will bear the entire risk of loss commencing when the Package is delivered or offered or available for delivery, whichever is earlier.
We promise that the Package you receive will be or represent a valid authorization or credential to gain entry or access to the event identified on the Package. In the event that the Package includes terms, conditions, program information, code of conduct, or language restrictions, you agree to abide by all such terms, conditions, program information, code, and restrictions and to obtain the agreement of and to monitor compliance with all such terms, conditions, program information, codes, and restrictions by all others receiving a Package from or through you. You acknowledge that the event for which a Package authorizes you gain entry or admission is a public event, that your appearance and actions near and while attending the event are observable and viewable by the general public, and that you do not expect that your appearance or actions near or while attending the event will be or remain private.
In the event that a Package is returned for any reason and we have used commercially reasonable efforts to accomplish delivery, we may, in our sole discretion and at an offer price that we believe is a reasonable market price that is no higher than the price you paid us, list the Package for sale on the Website. You may arrange to pick up the Package at any time prior to the time we notify a prospective buyer that the buyer’s offer to buy the Package has been accepted and confirmed.
You agree not to hold us responsible for any typographical or other errors on the Website, whether as a result of human, mechanical, communications, electronic, or other act, omission, function, or process.
X. Changes and Quality.
You agree that the date, time, or place at which an event is originally scheduled to commence or take place may change. You agree to be solely responsible to arrange to receive information about these changes. You agree that we are not responsible for any such change. You also agree that we are not responsible for the quality of an event or the experience you receive at an event; any incomplete performance of, failure to appear by, or change to any performer scheduled to appear or appearing at an event; or any condition existing or occurring at an event, including the actions of others attending the event and seating arrangements. You agree that you will not seek a refund from us due to such quality, experience, change, incomplete or partial performance, appearance, condition, action, or seating. We agree to use commercially reasonable efforts to help you obtain duplicate or replacement credentials or authorization that a third party event, service, or good provider may issue to replace a Package or may require for entry or admission to a postponed or changed event. In the event that we are not able, despite our commercially reasonable efforts, to obtain any required duplicate or replacement credential or authorization, we may, in our sole discretion, cancel the transaction and refund the purchase price to you.
If the event for which you purchased a Package is cancelled or does not occur, and in the further event that the third party event or service provider has offered a refund for the Package, you agree to arrange for the unused Package to be delivered to us within fourteen (14) days of the time when the cancellation of the event is announced. We will issue the refund of the purchase price to the credit or debit card or PayPal account with or through which the purchase price was paid within thirty (30) days after we receive the Package.
Event and service providers typically do not offer refunds for cancellations due to an act of God, war, or terrorism. Refunds for rained-out events or services are typically offered on a case-by-case basis.
XII. Delivery Charges and Taxes.
You agree to be solely responsible for and to pay any delivery or shipping costs for shipment or delivery of a Package to you. You agree to be solely responsible for and to pay any tax that may apply to your purchase or use of a Package, and you acknowledge that we may be required by state or local laws to collect these taxes from you.
XIII. Permission to Use Name and Image.
When you submit a offer to buy, you are granting us permission to capture or record your name, image, and likeness at or during the event for which the Package provides you entry or admission and to use, display, publish, or perform what we have captured or recorded for any purpose and in or through any medium, all without paying you any additional compensation other than the Package.
XIV. Insurance Coverage We Provide.
We have arranged, at no cost to you, limited indemnification up to $10,000 to protect you against liability for injuries suffered and damages sustained by the venue or persons attending events, unless the injuries or damages are the result of your acts or omissions.
XV. Seller Information.
We may provide to you a seller’s name, email address, or other information. You agree that this information is provided to you for the sole purpose of facilitating the Package transaction. You agree that you will not use any seller information for any other purpose. You agree to refrain from soliciting or inviting the seller to visit a website other than the Website. You also agree that you will not contact the Package seller for any reason other than to facilitate or complete the Package transaction.
XVI. Limitation of Liability.
WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED OR RELATED IN ANY WAY TO ANY TICKET; YOUR ACCESS TO, USE OF, OR INABILITY TO USE ANY TICKET OR ANY EVENT, SERVICE, OR GOOD RELATED THERETO; OR ANY EVENT, SERVICE, OR GOOD PROVIDED BY OR THROUGH ANY THIRD PARTY. THE DAMAGES AND LOSSES FOR WHICH WE WILL NOT BE LIABLE INCLUDE DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, AND BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURATE INFORMATION, INCONVENIENCE, DELAY, AND LOSS OF THE USE. WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES DESCRIBED HEREIN. THE LIMITATIONS SET FORTH HEREIN APPLY TO AND PROTECT US AND OUR AFFILIATES, EACH OF WHOM SHALL BE DEEMED A BENEFICIARY OR A THIRD PARTY BENEFICIARY FOR PURPOSES OF THIS LIMITATION.
WE WILL NOT BE LIABLE FOR THE DAMAGES DESCRIBED ABOVE REGARDLESS OF WHETHER OUR ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. By setting forth these exclusions and limitations, we do not intend to exclude or limit any liability that we are prohibited by law from limiting or excluding.
IN THE EVENT THAT THE LIMITATION SET FORTH ABOVE DOES NOT APPLY TO THE FULL EXTENT AS IS SET FORTH ABOVE, OUR TOTAL LIABILITY TO YOU AND TO ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT WILL NOT EXCEED THE TOTAL SUM YOU PAID US FOR THE TICKET.
You agree to indemnify and defend us and our affiliates, licensors, suppliers, advertisers, and sponsors, and our and their respective employees, consultants, agents, and other representatives (“ Indemnified Parties”) and to hold us and them harmless from and against any claim, demand, liability, damage, loss, cost, attorneys’ fee, and other expense that arises, directly or indirectly, out of or from your breach of this Buyer Services Agreement; any allegation that any information that you submit, post, or transmit to, on, or in connection with your use of the Website or the Buyer Services infringes or otherwise violates any copyright, trademark, trade secret, or other intellectual property or other right of any third party; any federal, state, municipal, county, or other tax obligation or any amount due or owing under any tax law or regulation; or your acts or omissions in connection with your access to or use of any Package or any event, service, or good related thereto.
In the event that you observe, possess, or control events, documents, communications, recordings, things, or material that relate to or may help us investigate, evaluate, prosecute, settle, recover, or collect any claim, demand, liability, damage, loss, cost, attorneys’ fee, and other expense that we may have against any person or entity, you agree to cooperate with us and to provide to us, at our cost and expense, the original or a copy of any such document, communication, recording, thing, or material.
XVIII. Choice of Law and Forum.
This Buyer Services Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflict of law rules. To the extent that any court may have jurisdiction over any dispute, controversy, or claim arising out of or relating to this Buyer Services Agreement, your use of or access to the Buyer Services, the sale or purchase of any Package or any service or good related to a Package, or otherwise, such dispute, controversy, or claim shall be resolved in, and shall be subject to, the exclusive jurisdiction of the state and federal courts in and for Denver, Colorado. You consent to the exclusive personal jurisdiction and venue of the state and federal courts in and for Denver, Colorado.
XIX. Costs of Dispute Resolution.
In the event that we are required to seek legal remedies, including arbitration, to recover payment or to resolve any dispute between us, you agree that we are entitled to recover all costs associated with our efforts to seek remedy, including but not limited to reasonable attorneys’ fees and administrative costs.
XX. Entire Agreement and Severability.
This Buyer Services Agreement and the policies and agreements incorporated herein by reference constitute the entire agreement between you and us and supersede any prior or contemporaneous communication or proposal made or received by either of us. If any portion of this Buyer Services Agreement is held to be invalid or unenforceable, that portion shall be construed in a manner, consistent with the law, to reflect as nearly as possible the parties’ original intent. All of the remaining parts of this Buyer Services Agreement will remain unaltered and in full force and effect.
XXI. Update and Effective Dates.
This Buyer Services Agreement was updated on May 26, 2016 and is effective as of September 1, 2015.
© SH Suites, LLC 2015. All Rights Reserved.