QuickAsyst Terms Of Service

This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions, and notices. This site is powered and operated by QuickAsyst (“QuickAsyst”, “we” or “us”). You must be 18 years of age or older to use this site.

QuickAsyst is a service of TYMELLY, LLC, that, among other things, allows users to sell sports or event tickets across many platforms while only having to list them in one place. By using the Service, you accept the terms of this Agreement. This is a legally binding agreement between you and QuickAsyst.

QuickAsyst operates as a multi-listing platform to sell user-owned sports or event tickets. You are not permitted to use the Service unless you have created an account with QuickAsyst (“User”).

The Service is available to Users to assist in sale of user-owned sports or event tickets. The price and other terms remain subject to the prevailing market available at the time of listing. QuickAsyst cannot guarantee the pricing or terms provided by the third-party vendors. Tickets listed on QuickAsyst may be higher or lower than face value.

QuickAsyst has the right to cancel or suspend a User’s account at any time and without notice upon a breach, violation, or non-compliance of this Agreement or any other policies, terms of use, or agreements of QuickAsyst. Notwithstanding the foregoing, under no circumstances shall QuickAsyst be required to issue refunds hereunder other than funds from completed ticket sales already owed the User.

QuickAsyst is the provider of the Service and is not a ticket exchange. QuickAsyst is not responsible or liable to any User, or any other user of the Service in any way. QuickAsyst is not responsible or liable for the renewal status of your tickets. Reference the resale policy directly with the team you have purchased tickets from for more information.

Copyright and Trademark Notices

The materials, content, data, and information provided to or made available through the Service are the property of QuickAsyst or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided for in this Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials available through the Service.

QuickAsyst and the names of other products and services referred to through the Service are the trademarks of QuickAsyst, LLC and their respective owners. You may not use any trademark or service mark appearing through the Service without the prior written consent of the owner of the mark.

Fees

The use of the QuickAsyst site requires a QuickAsyst service fee upon the listing and successful sale of tickets. This fee is currently 20% of the total sale price of a ticket. This fee may be shared with 3^rd party processors. This fee is subject to change.

Although we strive to make the QuickAsyst service available as much as possible, there may be periods of downtime (for example, for scheduled maintenance, software updates, or events outside of our reasonable control).

Payment Information

QuickAsyst will send cleared funds from ticket sales to the User within 5 to 7 business days after the event takes place (net of any applicable fees). These funds will be disbursed electronically via ACH to the User. This requires that the User has previously set up and provided ACH account information to QuickAsyst.

Services

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this site. Nothing contained in this site shall be construed to prevent us from complying with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between you and us with respect to your use of this site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

Use of Our Services

Whenever you order or purchase a service or product through this site you are warranting to us and the applicable service provider that you are at least 18 years of age and possess the legal authority to enter into the transactions made available through this site and will use this service in accordance with all terms and conditions herein and as set forth in this site. You agree to be financially responsible for your use of and all transactions made in connection with services and products ordered or purchased through this site. Without limitation, any speculative, false or fraudulent purchase, order, reservation, or notification to any service provider through this site is prohibited. You agree that you will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the purchases and orders you make through this site.

Communication

In connection with your use of the Service, QuickAsyst is permitted to send you communications by email and text, including service announcements, administrative messages, and other information applicable to your Usership.

We may occasionally provide communications on relevant industry information, frequently asked questions, and best practice tips as an addition to your service. You may opt-out of those communications, which are provided as a convenience.

QuickAsyst may also record its phone conversations and text chats with you for quality control, training purposes, and resolution of disputes. Anyone who has authorization to use your account may likewise be recorded. You agree that none of this obligates QuickAsyst to record any communication with you, and you acknowledge that some communications will not be recorded or be available to be retrieved.

QuickAsyst may employ a “Contact Us” feature that allows users to communicate directly with QuickAsyst personnel. To use the “Contact Us” feature, the user will be required to provide certain personal information in text input fields for: the user’s name, general comments or questions, category selection drop-down menu for details of what type of message or query the user has, the email address, for replying to the user; relevant user or account numbers; and the user’s phone number. Use of the “Contact Us” feature requires a user to provide some or all of the foregoing information. Such information will be maintained and managed by QuickAsyst in accordance with its Privacy Policy. The user may be required to acknowledge that the user has reviewed and accepted these Terms and Conditions, and reviewed and accepted the Privacy Policy before being able to communicate with QuickAsyst through the Contact Us feature. A user that refuses to provide such information or refuses to acknowledge it has read and accepted these Terms and Conditions and the Privacy Policy may be restricted from using the Contact Us feature.

Liability Disclaimer

IF YOU RELY ON THE SERVICE, OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THE SERVICE. THE SERVICE AND THE WEBSITE ARE PROVIDED TO YOU “AS IS.” QUICKASYST AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE SERVICE). NOR DOES QUICKASYST’S, ITS AFFILIATES, AGENTS AND LICENSORS GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TYMELLY AND QUICKASYST, AND THEIR AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE SERVICE BY YOU OR ANY OTHER THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL QUICKASYST OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, COSTS, EXPENSES, FEES, OR LIABILITIES ARISING OUT OF YOUR USE OF THE SERVICE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF QUICKASYST IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, QUICKASYST‘S LIABILITY IS LIMITED TO THE USER FUNDS ALREADY CLEARED AND OWED TO THE USER.

No Unlawful or Prohibited Use

As a condition of your use of this site, you warrant that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Disputes

Any dispute or claim relating in any way to your use of any Quickasyst Service, or to any products or services sold or distributed by Quickasyst or through any website operated by Quickasyst will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these terms of service.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would. In no circumstance will any party to the arbitration be liable for lost profits or other special, punitive, or consequential damages.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your clan to our registered agent as reflected in the records of the Texas Secretary of State. The arbitration will be conducted by one (1) arbitrator appointed by the Houston, Texas office of the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling I-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000.00 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually-agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.