The terms and conditions in this Live Buyer's Program agreement (hereinafter "Agreement") apply in addition to the End User License Agreement for the LOGITIX LIST software applications and services (hereinafter "LOGITIX Agreement"), which is incorporated herein by reference, including but not limited to all disclaimers, releases, waivers, covenants not to sue, and indemnification provisions in the LOGITIX Agreement. You may review the AUTOPROCESSOR Agreement at: [link to Logitix EULA]. Failure to comply with the terms and conditions set forth in this Agreement may affect your privileges and other rights associated with your use of the LOGITIX software applications and services.
The LIVE Buyers' Program (hereinafter the "Program" or "LIVE Program") is provided by DTR Software, Inc. (hereinafter "we," "us," "DTR Software," or "our") at DTR Software's sole discretion and the Program, or any portion thereof, may be modified, suspended or cancelled by DTR Software at any time and for any reason. In such event, DTR Software will attempt to, but is not required to, notify you by email or other written form of communication and may provide you with an updated agreement.
Please read these terms and conditions as they constitute a legally binding agreement that govern your participation in the Program. This Agreement, together with any additional terms, updates, supplements, and all DTR Software rules and policies to which you, the buyer (hereinafter "User," "Buyer, "Participant," "Ticket Brokerage," "Ticket Broker," "you," or "your"), agree to when registering for and/or using the software applications, services, and programs provided by DTR Software, constitute the entire agreement that includes legally binding terms and conditions governing your license to use such applications, services, and programs. BY PARTICIPATING IN THE PROGRAM AND USING THE SOFTWARE APPLICATIONS, SERVICES, AND OTHER FEATURES ASSOCIATED WITH THE PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PROGRAM, AS SET FORTH IN THIS AGREEMENT, PLEASE IMMEDIATELY WITHDRAW FROM THE PROGRAM.
BY PARTCIPATING IN THE PROGRAM IN ANY WAY, YOU ARE AGREEING TO COMPLY WITH THESE TERMS AND CONDITIONS. IN ADDITION, WHEN PARTICIPATING IN THE PROGRAM, YOU AGREE TO ABIDE BY ALL DTR SOFTWARE RULES AND POLICIES, INCLUDING THE LOGITIX AGREEMENT, WHICH MAY CHANGE FROM TIME TO TIME. Should you object to any term or condition of the Agreement; any rules, policies, statements, or guidelines provided by DTR Software governing your participation in the Program; or any subsequent modifications thereto or become dissatisfied with DTR Software in any way, your only recourse is to immediately discontinue your use of our Services and withdraw from the Program. DTR Software has the right, but is not obligated, to strictly enforce the terms and conditions herein through self-help, active investigation, litigation and prosecution.
By participating in the Program, you also agree that you have read, understand, and accept the terms and conditions herein and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and any warranties set forth in this Agreement on behalf of yourself or a business entity that you are authorized to legally bind. You acknowledge this Agreement is a binding and enforceable agreement between you and DTR Software.
Participants in the Program should manage their accounts on at least a daily basis and follow best practices in order to maximize success and minimize negative activities associated with the Participant's account.
Potential consequences for violating any terms, conditions, standards, expectations, and/or policies herein may include, but are not limited to:
You agree that DTR Software is not responsible for or liable for any missed sales, delivery deadlines, or other losses associated with a suspension of your LOGITIX account as a result of your activities in the LIVE Program, including but not limited to your violations of any terms, conditions, standards, expectations, and/or policies herein. You agree that it is your sole responsibility to ensure that you are not violating any terms, conditions, standards, expectations, and/or policies herein so that your LOGITIX account is not affected.
DTR Software requires that all Participants in the Program conduct themselves in an honest and professional manner. DTR Software considers the following to be a non-exhaustive list of requirements that Participants must comply with in order to meet the professional standards that DTR Software expects of all Participants:
You agree that failure to meet such professional standards, which shall be determined at the sole discretion of DTR Software, can result in warnings, penalties, and other consequences, including but not limited to those listed in Section 4 of this Agreement. Whether any one or more of such warnings, penalties, and other consequences will apply in any particular situation shall also be at the sole discretion of DTR Software.
In general, communications to DTR Software may be made to:
DTR Software, Inc.
1290 N Hancock Rd. Ste. 202
Anaheim, CA 92807 (714) 482-6368
Listsupport@Logitix.com
In order to be eligible to participate in the Program, you must have an LOGITIX account. An LOGITIX account can be created at: https://logitix.formstack.com/forms/logitix_sign_up. Creation of an LOGITIX account requires a personal name and/or a business name; an address; a telephone number; an email address; and an emergency telephone number to be associated with the account. In addition, you must complete a valid ACH form for payment as well as provide information for a credit card that you authorize DTR Software to use as a back-up payment method. If accurate payment information is not maintained, DTR Software has the right to suspend your account and/or withhold payment.
DTR Software provides its systems, databases, services, and applications to serve as an intermediary between Buyers and ticket sellers to facilitate the purchase and sale of tickets. You acknowledge that DTR Software is not directly involved in the actual sale of tickets between Buyers and sellers. Accordingly, you agree that you are purchasing tickets from a third-party seller and not from DTR Software; therefore, such third-party sellers are solely responsible for and liable for any issues with the tickets and purchases thereof.
Buyers may purchase tickets through LOGITIX and through LOGITIX LIVE (herein together "the LOGITIX LIVE Marketplace").
a postponed event to be exchanged for tickets for the future rescheduled event, DTR Software shall at its sole discretion determine whether a refund is permitted.
Software at its sole discretion may refund or cause the seller to refund up to 150% of the purchase price of the ticket. You agree that neither DTR Software nor the seller of the ticket is responsible for or liable for any other direct, indirect, consequential, or incidental costs, expenses, or losses associated with the denial of entry. You must report any issues or problems with the ticket to DTR Software within five (5) business days of the event. DTR Software reserves the right to require a scan report from the venue and/or other proof of denial of entry from the Buyer to determine the validity of the denial of entry. If the denial of entry cannot be substantiated, you may not be awarded a refund.
Ticket orders should generally be fulfilled using the fulfillment method on the ticket listing and/or the fulfillment method chosen for the order; however, DTR Software does not in any way guarantee this. Please refer to Section 8 herein above indicating that even if the ticket orders are fulfilled outside of the expected fulfillment method or date/time, the ticket order is not eligible for cancellation.
DTR Software reserves the right to cancel orders that it deems unacceptable. This Section provides a non-exhaustive list of some of the activities that DTR Software deems to fall within such unacceptable category. You agree that in addition to cancelling the order, there may also be other consequences and penalties incurred by you as a result of the herein below listed activities.
DTR Software does not tolerate fraudulent activities. DTR Software reserves the right to cancel any order that it deems fraudulent. If it is determined that the order is fraudulent on the Buyer's side, DTR Software may contact the Buyer with the cancellation. In addition, DTR Software reserves the right to immediately and permanently suspend the Buyer from the Program and/or from the Buyer's LOGITIX account. The Buyer will also be responsible for any and all expenses that might have been incurred by the seller and DTR Software as a result of the fraudulent activity. DTR Software reserves the right to seek legal relief in such cases where Buyer fraud has caused any harm. If DTR Software determines that the order is fraudulent on the seller's side, the seller's privileges may be immediately and permanently suspended. We request that you cooperate with us in order to resolve these issues in a professional and cooperative manner.
Orders should be accepted by the seller within a reasonable time period, particularly for events that are in the very near future. Generally, if the event is greater than 48 hours away, the seller should notify you within 24 hours. If the event is greater than 8 hours away and less than 48 hours away, the seller should notify you within 4 hours. If the event is less than 8 hours away, the seller should notify you within 30 minutes. Failure of the seller to notify you within the time period specified herein above may at DTR Software's sole discretion result in a cancellation of the order.
Payments made by the Buyer are the amounts due to the seller for the seller's ticket(s), plus any additional fees or charges, such as DTR Software's fee, including any adjustments to the invoice for any charges or credits to the order (e.g., penalties, discounts, delivery charges, local taxes, etc.).
By default, Buyer payments are made via ACH. The Buyer must provide DTR Software with a valid ACH form and must maintain the ACH account in order to make payments. Each payment week begins on Monday at midnight and ends on that Sunday at midnight. Invoices shall be issued to the Buyer on the following Monday after the payment week ends. Payments shall be withdrawn from the Buyer's ACH account by the Wednesday after the Monday that the invoices have been issued. Any late payments or insufficient payments will result in an immediate suspension of your LOGITIX account and associated privileges and may also result in an immediate suspension of your APEX purchasing privileges. DTR Software reserves the right to charge the credit card on file for any unpaid late invoices or insufficient payments. In addition, any tickets purchased by you for future events (whether or not previously paid for) may be invalidated by us in order for DTR Software to recoup any monies for non-payment or insufficient payments. Any issues with non-payment, late payments, and/or insufficient payments for tickets can, at DTR Software's sole discretion, result in an immediate and indefinite suspension of your LOGITIX account and associated privileges, with or without notice.
DTR Software reserves the right to review orders in order to resolve any issues with the order or if the Buyer has outstanding accounts payable on other transactions or other accounts with DTR Software, including but not limited to the Buyer's LOGITIX account. DTR Software reserves the right to debit the Buyer's ACH account or charge a credit card that may be on file to cover any past due fees for any accounts with DTR Software (including but not limited to the Buyer's LOGITIX account), or for any penalties applied to an order.
the purpose of aggregating, analyzing, extracting, or repurposing any data for purposes other than for buying and selling your tickets. DTR Software reserves the right to restrict your use of our APIs, including but not limited to restricting the frequency of use of our APIs (e.g., number of calls per second) which if it exceeds a reasonable rate may negatively affect DTR Software's system and services. You will not interfere, or attempt to interfere, in any manner with the functionality or proper working of our APIs.
Additional Terms attached hereto as Exhibit A
Effective Date: Last updated February 22, 2020 © 2020 DTR Software. All rights reserved.