1.917-722-0808

Terms and Conditions

FOINSE, LLC
TERMS OF SERVICE

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the website (the “Service”) operated by Foinse, LLC (“us”, “we”, “our” or “Foinse”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. Each ticket that you purchase is a license to attend a particular event, and is subject to the additional terms set forth on that ticket as well as any applicable terms imposed by the venue hosting the event.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE, THAT WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

PURCHASES

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. All ticket prices are stated in U.S. Dollars.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; (ii) the information you supply to us is true, correct and complete; and (iii) you are at least 18 years old and able to enter into legally binding contracts.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of your Purchase.

CONTENT

Foinse acts as the ticketing agent and host for the events for which you purchase tickets (“Events”). Foinse facilitates your purchase of the tickets through the Service for Events at various locations (“Venue”). When you purchase a ticket, Foinse will be handling the transaction and collecting payment for the Event.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Tickets for popular events may sell out quickly. In some cases, Foinse may receive additional, subsequent allocations of tickets for distribution, which may be of similar or higher desirability than those sold on the Service, or may be offered for sale at lower prices than prices charged on the Service.

ACCOUNTS

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

USE OF YOUR INFORMATION
You give permission to Foinse, Broker Fair, and its partners and affiliates including but not limited to Raharney Capital, LLC dba deBanked® to use your information to send solicitations, advertisements, marketing materials, magazines, newsletters, email blasts or other correspondence regardless of their nature.

You give permission to Foinse to publicly share your name and company as an attendee or sponsor.

You give permission to be photographed or filmed at Broker Fair 2018 and for Foinse and its partners and affiliates including but not limited to Raharney Capital, LLC dba deBanked® to use them for any purpose including commercially.

REFUNDS

Before purchasing tickets, carefully review your Event and seat choices. Foinse prohibits issuing exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets. You agree that you will not attempt to evade, avoid, or circumvent those prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact Foinse to seek a refund or exchange from Foinse when Foinse is prohibited from providing one, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets from Foinse. Should you do so, your tickets may be canceled, and Foinse may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Services.

PROCESSING FEES

Tickets purchased at brokerfair.org may be subject to a per ticket convenience charge, service fee, and/or a non-refundable per order processing fee (“Service Fees”). In many cases, delivery charges may also be owed. Service Fees may vary depending on the event type, ticket type, and location of the event. Foinse may in its sole and absolute discretion change its Service Fees at any time.

NO REDEMPTION

A Venue reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct is deemed to be disorderly, who uses vulgar or abusive language or who fails to comply with Venue rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.

CHANGES, CANCELLATION OR POSTPONEMENT OF EVENT

Foinse cannot guarantee to inform you of any change or cancellation of any event or be held responsible for refunds or for any resulting costs you may incur for travel, accommodation, any other related goods or service or other compensation. You should always check that an event is going ahead at the scheduled date, time, and venue. If a Venue cancels an event or makes significant changes to the venue, date, show time or event purpose and confirms this to Foinse, Foinse will try to inform you, but is under no obligation to do so. No refunds will be issued based upon the failure to provide you with notice.

INTELLECTUAL PROPERTY

The Service and its original content, features and functionality are and will remain the exclusive property of Foinse and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Foinse.

LINKS TO OTHER WEB SITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by Foinse.

Foinse has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that Foinse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

RULES FOR SWEEPSTAKES AND CONTESTS

In addition to these Terms, sweepstakes, contests, or other promotions (“Promotions”) made available through our Service may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Foinse and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; or b) any breach of these Terms.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FOINSE, OR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, VENUES, ADVERTISERS OR SPONSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, LIQUIDATED, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

WARRANTY DISCLAIMER

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON­INFRINGEMENT OR COURSE OF PERFORMANCE.

FOINSE ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR (E) THAT THE SERVICE, ANY TICKETS, ANY EVENT, OR ANY VENUE WILL PERFORM AS PROMISED.

EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

Any dispute or claim relating in any way to your use of the Service, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:

  • You may assert claims in small claims court if your claims apply;
  • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within New York County, New York, and we both consent to the jurisdiction of those courts for such purposes.

The arbitration agreement in these Terms is governed by the American Arbitration Act (AAA), including its procedural provisions, in all respects. This means that the AAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed in these Terms. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relation to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. 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 these Terms as a court would.

We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.

PARENTAL CONTROLS

Foinse cannot prohibit minors from visiting brokerfair.org, and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov. We do not endorse the products or services listed at this website.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US

If you have any questions about these Terms, please contact us at info@brokerfair.org.