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Purchase Terms and Conditions

Please read these Broadway.com Purchase Terms and Conditions ("Purchase Terms and Conditions") before using this site. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE BROADWAY.COM PURCHASE TERMS AND CONDITIONS.

1. User Acceptance and Consent to Broadway.com Purchase Terms and Conditions.
Welcome to Broadway.com (also referred to herein as the "Broadway Site"). By using or registering for the services offered on the Broadway Site (collectively, the "Broadway Service"), users and the entities or persons they represent ("User" or "Users") agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the "Purchase Terms and Conditions"). Your continued use of the Broadway Site and the Broadway Service following the posting of any changes to these Purchase Terms and Conditions constitutes acceptance of those changes. In addition, when you purchase any tickets, goods or services on the Broadway Site, you agree to the terms and conditions of each of the purchase policies to which such tickets, goods or services are subject (including, in the case of tickets, the rules and regulations of the venues presenting the events to which such tickets grant you admission), which are incorporated herein by reference. If you do not agree to these Purchase Terms and Conditions, please do not use the Broadway Site and the Broadway Service. Any terms and conditions proposed by you that are in addition to or conflict with these Purchase Terms and Conditions are expressly rejected by Broadway.com and shall have no force or effect. You represent that you have read and agree to be bound by these Purchase Terms and Conditions, as well as our Privacy Policy located at http://www.broadway.com/privacy-policy/ ("Privacy Policy"), our Website Terms of Use located at http://www.broadway.com/terms/("Website Terms of Use"), and our Gift Card Terms and Conditions located at http://www.broadway.com/gc-terms/("Gift Card Terms"), all of which are incorporated herein by reference and which you should review.  These Purchase Terms and Conditions do not apply to purchases through our affiliated entities, Group Sales Box Office, LLC, John Gore Theatrical Group, Inc. (dba Broadway Across America), and Eagle Eye Entertainment Inc. (dba Broadway Across Canada).

These Purchase Terms and Conditions were last updated on October 11, 2017. Broadway.com reserves the right to change these Purchase Terms and Conditions from time to time and at its sole discretion, so please check back periodically for changes.

2. Purchase Terms and Conditions; Fees and Payments.

(a) Live Theater Tickets.

Pricing. Broadway.com's pricing for tickets and services are outlined in detail on every transaction. The final total purchase price includes the established Box Office Price (face value) of the tickets (inclusive of all taxes and, depending on the venue, a theater restoration fee or facility fee), and a service and handling fee (“Service Fee”).. Please note that ticket prices listed on Broadway.com reflect current established Box Office prices.  In addition, for an additional fee, clients may choose to add Cancellation Protection (see below) and/or Federal Express or another delivery service.

Service Fee. A Service Fee is added to all tickets purchased on the Broadway Site or over the phone with a Broadway.com phone agent. The Service Fee is calculated based on the established Box Office Price per ticket.

Restoration Fees. Some theater venues charge an additional per ticket restoration or facility fee, which is included in the face value cost. This fee must be passed on to the consumer and is included in the venue's established ticket price.



Ticketing Processes.

i. Request Process. Broadway.com may, from time to time, take ticket orders on a request basis. Such orders are requests for tickets and are not guaranteed. The order is only confirmed when actual seat locations are quoted via a confirmation email or live on the phone by a Broadway.com phone agent.  We will provide a full refund of the purchase price of such tickets if, within 48 hours of our sending you an email confirmation containing your specific seat locations, you contact us and inform us that you are not satisfied with the seat locations that you were provided from the theater box office. Note that this DOES NOT APPLY TO PREMIUM SEAT ORDERS, GIFT CARD REDEMPTIONS, TICKETS OBTAINED FROM OUR PRIVATE TICKET INVENTORY OR TO ORDERS PLACED WITHIN 48 HRS OF THE PERFORMANCE DATE & TIME.  Broadway.com is not liable for accommodations made for travel or lodging or for other consequential damages.

ii. Live Seating. Broadway.com holds a private ticket inventory for certain events and will offer exact seat locations online or over the phone for these events. If you are quoted specific seat locations on the website or over the phone during the ordering process and you complete the sale by providing payment, you will receive a confirmation email confirming the details of your order and guaranteeing your ticket reservation.

Refunds Not Subject to Cancellation Protection:

Cancelled Events:

Events are occasionally cancelled due to reasons beyond our control, such as acts of nature. Also, it is possible that an event will end its run prior to the date for which tickets have been sold. In these cases, a refund will be issued to the purchaser's method of payment PROVIDED THAT WE HAVE THE TICKETS IN HAND.

Refunds for Other Reasons:

Subject to the refund conditions below, Broadway.com will provide a full refund of the amount paid by the purchaser (including, except as set forth below, all fees, regardless of how characterized) if any of the following occurs: (a) the event to which such ticket pertains is cancelled (provided that delivery fees will not be refunded in the event of a cancelled performance); (b) the ticket received by the purchaser does not grant the purchaser admission to the event described on the ticket (unless the ticket is cancelled due to an act or omission by such purchaser); or (c) the ticket fails to conform to its description as advertised (unless the purchaser has pre-approved a substitution of tickets).

Refund Conditions:

The refund will be in the amount of the ticket price plus any applicable Service Fee. Delivery fees for the original order will not be refunded in the event of a cancelled performance. If the tickets were to be left at the venue box office for you to pick them up, we will process the refund without action from you. IF TICKETS HAVE BEEN SHIPPED TOYOU, IT IS YOUR RESPONSIBILITY TO RETURN THEM TO BROADWAY.COM BEFORE ANY REFUND CAN BE ISSUED. Broadway.com is not responsible for the shipping cost you may incur to return tickets to us for a cancelled event. Other than for tickets left at the venue box office for your pick-up, Broadway.com will issue a notice to ticket holders of the cancelled event that will include the time frame within which the tickets must be received  in order for you to receive a refund (typically within two weeks of the date of notice).

If you used a gift card to purchase the ticket, Broadway.com will reissue a new Broadway.com gift card for the original amount.

Refunds Subject To Cancellation Protection:

Cancellation Protection; Refunds and Exchanges. We offer cancellation protection at an additional cost above the cost of your ticket. Cancellation protection is available for $20 per ticket, and can be bought only at the time of your ticket purchase. With this protection, theater tickets may be cancelled up until 4:00PM EST two (2) business days (this excludes all Federal Holidays, Saturdays and Sundays) prior to the actual performance date. You must notify Broadway.com of your intent to cancel by phone at (800) BROADWAY or via email at ticketing@broadway.com no later than two (2) business days prior to the performance. If you have the tickets in your possession, they must be returned to Broadway.com via overnight courier, certified mail or in person to the following address:  Broadway.com, Attention: Customer Service, 729 Seventh Avenue, 6th Floor, New York, NY 10019. Broadway.com must receive the tickets at least two (2) business days prior to the performance date printed on the tickets. You must include the order reference number, your daytime phone number and complete mailing address, along with the tickets. If you purchased cancellation protection and comply with the above conditions, you will be issued a refund for the amount of the face value of the tickets, but not for the cost of the cancellation protection, Service Fee, and any applicable handling/delivery fees. On orders without cancellation protection, there are no refunds or exchanges except as otherwise specified above in the section entitled “Refunds Not Subject to Cancellation Protection”. CANCELLATION PROTECTION CANNOT BE PURCHASED FOR PREMIUM SEAT ORDERS, PURCHASE OF GIFT CARDS OR ORDERS PLACED WITHIN 48 HRS OF THE PERFORMANCE DATE & TIME. Cancellation protection will not be offered for these particular types of orders.

Delivery of Tickets.

PLEASE NOTE THAT SOME SHOWS HOLD TICKETS UNTIL A SPECIFIED DATE CLOSE TO THE ACTUAL PERFORMANCE DATE OR THE DATE WHEN ALL TICKETS GO ON SALE AT THE VENUE'S BOX OFFICE.  THERE IS A THREE (3) BUSINESS DAY PROCESSING PERIOD BEGINNING WHEN WE RECEIVE THE EVENT TICKETS FROM THE BOX OFFICE BEFORE PACKAGES WILL LEAVE OUR OFFICE.  If tickets are unable to be shipped due to time constraints, Broadway.com is entitled to instead require you to pick up the tickets at the venue's box office, in which case you will be contacted and any shipping fees you were charged will be refunded back to your original method of payment.

Standard Mail Delivery. Please allow seven (7) to ten (10) business days for your tickets to arrive after they have been shipped from our office. Your tickets will arrive in a plain white envelope with our return address, and no company logo.

FedEx and other Overnight Courier. All orders with FedEx delivery (or other overnight courier) will not be processed until after your tickets have been confirmed and paid for in full. PLEASE NOTE THERE IS A THREE (3) BUSINESS DAY PROCESSING PERIOD BEGINNING WHEN WE RECEIVE THE EVENT TICKETS BEFORE PACKAGES WILL LEAVE OUR OFFICE. We cannot deliver FedEx packages to a PO Box. All packages must be signed for upon delivery.

E-Tickets. Certain events may have an e-ticket option.  If you choose this option, to be admitted to the performance you will be required to print your ticket and bring to the performance for entry.  Please note that certain venues limit ticket delivery options to e-tickets or will call.

Will Call. You may choose to pick up your tickets at the Box Office of the venue.  We recommend that you arrive at least thirty (30) minutes in advance of the event performance time to ensure you have adequate time. Please also bring a picture identification in order to pick up your tickets.   Please note that certain venues limit ticket delivery options to e-tickets or will call.

Office Pick Up. You may choose to pick up your tickets at our Customer Service office.  Our Customer Service office is located at 729 Seventh Avenue, 6th Floor, New York, NY 10019.  Tickets  must be picked up by 4:00pm EST on the day prior to the event for Monday through Friday performances. Tickets for all Saturday and Sunday performances must be picked up by 4:00pm EST on the Thursday prior to that weekend's performances. If they are not collected by 4:00pm EST, the tickets will be sent to their respective venue's Box Office for pick up (see "Will Call" paragraph above).

(b) Gift Cards.

For the complete set of terms and conditions governing the purchase and redemption of Broadway.com gift cards, visit http://www.broadway.com/gc-terms/.

3. Registration; Member Account Creation and Security; Newsletter Subscription.

(a) Registration; Member Account Creation and Security.

If at any time Broadway.com shall require you to register and create an account in consideration of your use of the Broadway Site and/or the Broadway Service, or if during a ticket purchase transaction or any other time we collect personal information  from you, you will agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Broadway Service's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Broadway.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Broadway.com has the right to suspend or terminate your account and refuse any and all current or future use of the Broadway Site and/or the Broadway Service (or any portion thereof).

As part of the registration and account creation process necessary to obtain access to portions of the Broadway Site and/or the Broadway Service, you will select a subscriber identification ID and a password. You will provide Broadway.com with certain registration information, all of which must be accurate and updated. You shall not: (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID or password that Broadway.com, in its sole discretion, deems offensive or inappropriate.

You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to and shall (i) immediately notify Broadway.com of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, and (ii) ensure that you exit from your account at the end of each session. You are solely responsible for all usage or activity on your Broadway.com account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Broadway.com's sole discretion, and Broadway.com may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to info@Broadway.com. You are responsible for all charges, if any, incurred up to the time the account is terminated. Broadway.com cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

(b) Newsletter Subscription.

Users who register with or make purchases from the Broadway Site and/or the Broadway Service will be subscribed to our periodic Broadway.com newsletter. In all newsletters you will be given the option to be removed from our subscription list by clicking an "unsubscribe" button. In addition, you may remove yourself from our subscription list at any time by visiting our newsletter "unsubscribe" page at http://www.broadway.com/newsletters/unsubscribe. Once you elect to be removed from our subscription list, you will not be sent future newsletters unless you request to be added to our subscription list or make purchases from the Broadway Site and/or the Broadway Service at a later date.

4. Indemnification by Users.

You agree to indemnify, defend and hold Broadway.com, its owners and affiliates and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers (collectively, the "BW Parties"), harmless from all claims, demands, liabilities, losses and damages (actual and/or consequential) of every kind and nature, known and unknown, and expenses (including reasonable attorneys' fees and disbursements), arising out of (i) your use of Broadway.com, (ii) a breach of your representations and warranties or obligations set forth  in these Purchase Terms and Conditions or in the Website Terms of Use, (iii) your violation of any law or the rights of a third-party; or (iv) the infringement or misuse by any other user of your account or any information, data, text, software, music, sound, photographs, graphics, video, messages, or other intellectual property of yours on the Broadway Site. Broadway.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Broadway.com in asserting any available defenses.

5.  Disclaimer of Warranties; Limitation of Liability.

A PORTION OF BROADWAY.COM'S CONTENT IS SUPPLIED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF BROADWAY.COM. BROADWAY.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON BROADWAY.COM BY ANYONE OTHER THAN AN AUTHORIZED EMPLOYEE SPOKESPERSON OF BROADWAY.COM WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY.

YOU AGREE THAT YOUR USE OF THE BROADWAY SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE BROADWAY SITE AND THE BROADWAY SERVICE AND ANYTHING CONTAINED THEREIN OR AVAILABLE THROUGH, INCLUDING, BUT NOT LIMITED TO, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, AND THAT BROADWAY.COM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. BROADWAY.COM, ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE BROADWAY SITE AND THE BROADWAY SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THIS BROADWAY SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE BROADWAY SITE AND THE BROADWAY SERVICE IS FREE OF VIRUSES, WORMS OR "TROJAN HORSES" OR OTHER HARMFUL COMPONENTS AND THEY ARE NOT LIABLE, JOINTLY OR SEVERALLY FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BROADWAY.COM, ANY BW PARTY OR ANY OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS AND THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF A BROADWAY.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE BROADWAY SITE AND/OR THE BROADWAY SERVICE OR ANY LINKS OR ITEMS ON THE BROADWAY SITE OR ANY PROVISION OF THE WEBSITE TERMS OF USE OR THESE PURCHASE TERMS AND CONDITIONS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. BROADWAY.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BROADWAY.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH THE BROADWAY SITE AND THE BROADWAY SERVICE.

6.  Additional Terms and Conditions.

These Purchase Terms and Conditions provide that all disputes, claims or controversies arising from or related to your ticket(s), or between you and Broadway.com, the Presenter, the Producer or the Theater regarding such matters, shall be governed by the laws of the State of New York (without regard to its conflicts of law rules and principles), and shall be submitted by us to mediation and if the matter cannot be resolved through mediation, it shall be submitted for binding arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of New York, County of New York, and shall be administered by and pursuant to the rules of the American Arbitration Association ("AAA"). Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any claims or disputes to be arbitrated or litigated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. No arbitration award or decision shall be given preclusive effect as to the issues or claims in any dispute with anyone not a party to that arbitration. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any rights arising by reason of your Ticket purchase (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and you specifically waive any right to be a member of a class action lawsuit for any claim, dispute or controversy arising from or related to your ticket(s).  

The failure of Broadway.com to exercise or enforce any right or provision of the Purchase Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Purchase Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Purchase Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Purchase Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Purchase Terms and Conditions are for convenience only and have no legal or contractual effect or significance. You accept that Broadway.com has the right to change the content, service or technical specification of any aspect of the Broadway Site or the Broadway Service at any time in Broadway.com's sole discretion. You further accept that such changes may result in your being unable to access the Broadway Site and/or the Broadway Service.

7. Entire Agreement.

These Purchase Terms and Conditions, the Website Terms of Use, the Privacy Policy, the Gift Card Terms and any and all other terms and conditions of service on www.Broadway.com, and its successor, represent and constitute the entire agreement between you and Broadway.com regarding your relationship with Broadway.com, supersedes any prior statements or representations and governs your use of the Broadway Site and the Broadway Service, other than emails or other writings between us relating to specific transactions.