CONSUMER TERMS OF SERVICE/BUYER AGREEMENT FOR CONFIRMED360.COM
These terms and conditions (“Terms”) shall apply to all goods or services (“Services” or “Experience(s)”) ordered from or provided to you (“you,” “your,” or “Buyer”) by Confirmed LLC (“CONFIRMED360,” “we” or “us”). These Terms also apply to your access and use of the CONFIRMED360 website located at www.confirmed360.com (“Site”).
By accessing or using the Site, or by ordering any Services from CONFIRMED360, you agree that these Terms shall apply to your order and that you shall be bound to the Terms set forth herein.
If you don’t agree, then you are not permitted to use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
CHANGES TO THESE TERMS OR THE SERVICES
We can change these Terms at any time. If we do so, we’ll let you know either by posting the changed Terms on the Site or through other communications. We’ll also update the “Last Updated Date” at the top of these Terms. It’s important that you review the changed Terms because if you continue to use the Services after we’ve provided notice of the change, you’re telling us that you agree to be bound by the changed Terms. If you don’t agree to be bound by the changed Terms then you’re not allowed to use the Services anymore. We’re always striving to make the Services better and because they’re evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our discretion.
CONFIRMED 360 OFFERINGS
Buyer acknowledges that Confirmed is a concierge service provider that facilitates the availability of custom “experiences” to its customers by acting as an intermediary between you (as the buyer) and- suppliers, vendors, sellers, brokers or other third parties (collectively “Supplier”). “Experiences” (also referred to as Services”) shall mean certain goods and services including without limitation (a) items, goods, collectables, rarities, or any other products in physical or digital form (“Products”) and (b) event experiences including in-person events such as concerts, sporting events, meet and greets, and so forth (“Events”).
The Supplier, not CONFIRMED360, is responsible for honoring the purchase of any Experience. The supplier may require you to enter into an agreement with the Supplier and you acknowledge that if you fail to do so, you may not be able to participate in the Experience; in such an event, you may not receive a refund or exchange for the purchase of your Experience. Some Experiences include the ability to interact with a Supplier. We do not, and cannot control interactions with Suppliers; and we expressly disclaim any liability arising from such interactions. You may be required to sign and return a waiver and liability release before you participate in an Experience.
You acknowledge that any contract entered into by you with any Supplier is an independent contract. CONFIRMED360 is not responsible for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through the CONFIRMED360.
Moreover, CONFIRMED360 is not responsible for any incorrect information in brochures or websites supplied by ourselves but produced by a Supplier. All descriptions of any Experiences, Products, or Events on the Site have been approved by the relevant Supplier. CONFIRMED360 shall not be liable for any inaccurate or misleading descriptions.
USING THE SERVICES
You can only use the Services if you are 18 years or older and are not barred from using the Services under applicable law. Additionally, in order to offer or purchase some Experiences, you must be 21 years or older at the time you offer, or purchase, the Experience.
If you want to use certain features of the Services you may need to create an account with a username and password (an “Account”) and become a member (“Member”). You can do this via our Site or through your account with certain third-party social networking services such as Facebook or Google (each, an “SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It’s important that you provide us with accurate and complete information and you promise to keep your Account information up to date. If you don’t, we may have to suspend or terminate your Account. You agree not to share your password and you’ll let us know if there is any unauthorized use of your Account. You’re responsible for all activities that occur under your Account and you’ll immediately tell us about any unauthorized use of your Account.
BECOMING A SUPPLIER
You may apply to become a supplier by completing the application profile via the Become a Supplier page. CONFIRMED360 reserves the right to approve or reject any supplier application, for any reason. If you are approved and you agree to the terms and conditions of the “Supplier Addendum” made available to you in connection with the application process, you will be deemed a supplier. The Supplier Addendum contains terms regarding the creation and posting of Experience Listings, how and what suppliers get paid for their Experiences and other terms specific to a supplier's provision of Experiences in connection with the Services.
You will be responsible to pay the total purchase price for any Experience as pursuant to the terms set forth by CONFIRMED360 which may include applicable tariffs, customs, duties or taxes (including any value-added taxes).
When you initiate a purchase transaction or request to schedule an Experience, you will be asked to provide us with customary billing information such as your name, billing address and credit card information. You agree to pay CONFIRMED360 (on behalf of the supplier, if applicable) for any transactions made in connection with your Account by one of the payment methods described on the Site or as otherwise designated by CONFIRMED360.
Wire transfers are permitted for orders above $10,000. CONFIRMED360 will confirm payment receipt before we will ship or fulfill the item or experience. Contact a CONFIRMED360 Concierge for more details on wire transfers.
You hereby authorize the collection of such amounts by CONFIRMED360 by charging your selected payment method. In addition, you agree that CONFIRMED360 may charge your payment method for verification and pre-authorization purposes, and you agree to bear any additional charges that your bank or other financial service provider may levy on you.
The type of Experience you order impacts when you are charged for your purchase. The process for cancellations and refund eligibility also varies depending on the type of Experience. In addition to the below, Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order. It is your responsibility to review the confirmation email(s) to verify the accuracy of the information relating to the Experience.
Items that are returnable will be designated as so on their product page on confirmed360.com. Returned physical items must be unused, unworn, unwashed, and undamaged. We are unable to accept returns of goods that are not in their original packaging. Products must be in the condition you received them and in the original box and/or packaging. If a return and/or refund is approved, it will be credited to your credit card account or via wire to your bank within three business days of the date we either receive the returned merchandise or resolve your complaint. To find out if your item is returnable, please contact our Concierge teams via phone or email and be sure to include your order number and explain the problem so that we can most efficiently help you.
Virtual & In-person Experiences
Any related fees for telephony or connectivity, travel, food or lodging are your sole responsibility unless otherwise specified on the relevant product page, CONFIRMED360 Terms, and/or receipt.
For “Events”, experiences with a set time and location:
For “Experiences”, where scheduling (time and/or location), must be agreed upon:
Experiences as Gifts
Unless otherwise provided in writing, due to the nature of facilitating the Experiences, the purchase of the Experience is generally non-refundable, and CONFIRMED360 is not responsible for any cancellations or modifications by Supplier. Notwithstanding, if the Experience is cancelled by the Supplier through no fault of yours, then CONFIRMED360 in its sole discretion may refund some or all amounts paid by you for said Experience; provided, however, that CONFIRMED360 will not refund any amounts (i) applicable to costs incurred by CONFIRMED360 in performing hereunder; (ii) applicable to expenses incurred by you in connection with the Experience including without limitation travel, air fare, hotels or other lodging or meals; and (iii) already submitted to the Supplier; provided however that in the event you fail to comply with the restrictions and other obligations set forth hereof, CONFIRMED360 shall not refund any portion of the purchase price nor any expenses incurred by you in connection with the Experience including without limitation travel, air fare, hotels or lodging.
You further agree that : (i) attendee(s) must be of legal age of majority in his/her jurisdiction of residence and in the jurisdiction of delivery of the Experience, unless they are the child or legal ward of another of the Attendees, in which case those accompanied minors are permitted to attend and/or participate in the Experience; (ii) the Experience cannot be transferred, returned, exchanged, resold or re-auctioned by the Buyer, and any attempts to do so are at your own risk; (iii) the Experience must be completed on dates provided by the Supplier; (iv) no Experience shall include costs, expenses or arrangements for travel, transportation, accommodations, food or beverages, or any other ancillary costs of participation; and (v) you will agree to any specific rules, terms and conditions related to appearance times, time constraints, event dates, locations, or other aspects of the Experience as required by the Supplier- and if you do not comply with or breach such rules and the Experience cannot be fulfilled due to your non-compliance, then you forfeit the Experience and will not receive any refund of the purchase price.
SHIPPING AND FULFILLMENT
Digital Products, Virtual and In-person Experiences
TRANSACTIONS INVOLVING ALCOHOLIC BEVERAGES
Experiences that include alcoholic beverages may only be purchased by individuals, including without limitation End Users, who are at least twenty-one (21) years old (“Legal Age”). At the time of delivery of any Products containing alcoholic beverages ordered by you using the Site, the shipper will require the signature of an adult possessing identification proving he or she is of Legal Age. You expressly represent and warrant that: (a) you are of Legal Age; and (b) you will provide bona fide identification showing your Legal Age to the shipper or Alcohol Seller of any lots that include alcoholic beverages.
The price of alcoholic beverages is determined by the licensed entity selling such products, and we do not receive profits from the sale of specific alcoholic beverage products. When you place an order for a Product containing alcoholic beverages using the Site (“Alcoholic Beverage Order”), such Alcoholic Beverage Order will be either accepted or rejected by the licensed entity to whom the Alcoholic Beverage Order was placed (“Alcohol Seller”). Neither CONFIRMED360 nor any supplier has any authority to accept your Alcoholic Beverage Order, and no sale pursuant to your Alcoholic Beverage Order will become final unless and until Alcohol Seller accepts your Alcoholic Beverage Order. For any Alcoholic Beverage Order accepted by Alcohol Seller (such accepted sale an “Alcoholic Beverage Purchase”), your credit card will be charged, and the funds from your credit card payment that relates to the Alcoholic Beverage Purchase will be deposited into an account for the benefit of Alcohol Seller in compliance with applicable alcoholic beverage laws. Note that we do charge a platform fee in connection with the use of our service unrelated to the price of alcohol.
We don’t plan, host, operate, or provide the Experiences. We also don’t endorse, verify, vouch for, investigate or vet any Experiences. Notwithstanding the foregoing, CONFIRMED360 reserves the right to conduct by itself, or by third party service providers, background checks on you and your affiliates. We’re not responsible for estimates, descriptions, condition, authenticity, title or any other matters relating to the offer and sale of any Experiences. Information about Experiences is provided by the supplier and we do not verify the accuracy of this information. We’re also not responsible for any personal injury, damage or harm resulting from your provision or purchase of, or participation in, any Experience or your interaction with any Member. By using the Services you agree that any legal remedy or liability that you seek to obtain arising from or related to an Experience, (including, without limitation, your Experience Listing or provision of any Experience) will be limited to a claim against the particular Member or other third parties who caused you harm and you agree not to attempt to impose liability on CONFIRMED360, or seek any legal remedy from CONFIRMED360 with respect to Experiences.
For the safety of our suppliers, CONFIRMED360 reserves the right to conduct by itself, or by third party service providers, background checks on you as an End User, including criminal background checks. In such cases, the Experience Listing will state this requirement. Should you decide to purchase an experience with this requirement, you agree to provide any required or applicable signed consents, within two business days from the time we contact you or the Gift Recipient, to enable us or our third-party service providers to conduct such background checks. This information may include your Social Security Number.
CONTENT OWNERSHIP AND RESPONSIBILITY
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; “User Content” means any Content that you provide to be made available through the Services, including Experience Listings. Content includes, without limitation, User Content.
CONFIRMED360 does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, as between us and you, CONFIRMED360 and its licensors exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights therein even if we incorporate any Feedback (as defined below) into subsequent versions of the Services or otherwise use such Feedback. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Subject to your compliance with these Terms, CONFIRMED360 grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. By making your User Content available on or through Services you hereby grant to CONFIRMED360 a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, modify (for formatting purposes only), distribute, license, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit your User Content on, through or by means of the Services, including for commercial, advertising and promotional purposes relating to the Services. These rights that you grant to CONFIRMED360 include permitting CONFIRMED360 to syndicate your User Content, including any suggestions for Experiences you provide CONFIRMED360 or the content of your Experience Listings, on, through or by means of websites operated or owned by third parties.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by CONFIRMED360 on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome your input for improvements to the Services! If you decide to provide ideas, comments, suggestions or other feedback to us (whether written, verbal or in any other format) in connection with the Services or these Terms (“Feedback”), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Feedback and we will be free to use and exploit the same in any manner without restriction of any kind. You agree that all Feedback will be the sole and exclusive property of CONFIRMED360. You hereby agree to irrevocably transfer and assign to CONFIRMED360 all of your rights, title, and interest in and to all Feedback, including all intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback. Further, you acknowledge and agree that CONFIRMED360 may currently, or in the future, be developing information and materials internally, or receiving information and materials from other parties, that are similar to your Feedback or Experience Listings. Nothing in these Terms will be construed as a representation or agreement that we will not develop or have developed, distribute, market or promote applications, services, products or concepts that are similar to and/or compete with the applications, services, products or concepts contemplated by or embodied in any Feedback or your Experience Listings.
You agree that you’ll only use the Services in a manner that is consistent with the following Conduct Terms, set forth below. If you don’t we might have to suspend or terminate your Account. In connection with your use of the Services you agree that you won’t:
Inappropriate Behavior. You hereby agree, that all Attendees will conduct themselves appropriately and respectfully when attending and/or participating in an Experience. In the event any Attendee(s) engage in inappropriate behavior, Confirmed, in its sole discretion, may terminate the Experience and Buyer will not be provided any refund of the Purchase Price. Buyer hereby agrees to indemnify, defend and hold Confirmed harmless from and against any loss, damage, liability or expense incurred by or claimed against Confirmed as a result of such inappropriate behavior.
THE EXPERIENCES, PRODUCTS, EVENTS, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND "AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CONFIRMED360 EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE OR ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, CONTRACT OR ANY OTHER BASIS. CONFIRMED360 MAKES NO WARRANTY THAT: (I) THE SERVICES, CONTENT OR EXPERIENCES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; OR (II) YOU WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM USE OF THE SERVICES OR POSTING AN EXPERIENCE LISTING.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONFIRMED DISCLAIMS ANY AND ALL SUCH WARRANTIES. IF A DISPUTE ARISES BETWEEN ONE OR MORE PERSONS (INCLUDING WITHOUT LIMITATION BUYER, SUPPLIER OR CHARITABLE RECIPIENT) REGARDING AN EXPERIENCE, OR IF AN EXPERIENCE CANNOT BE FULFILLED, THE END USER OR MEMBER RELEASES AND FOREVER DISCHARGES CONFIRMED AND ITS DIRECTORS, OFFICERS, AGENTS, ATTORNEYS AND EMPLOYEES FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
CONFIRMED360 MAKES NO WARRANTY REGARDING THE QUALITY, CONDITION, IMPORTANCE, PROVENANCE, LITERATURE OR HISTORICAL RELEVANCE OR RARITY OF ANY EXPERIENCE OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
CONFIRMED360 ASSUMES NO RESPONSIBILITY FOR ANY MEMBER’S OR SUPPLIER’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS. CONFIRMED360 EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBER, SUPPLIER OR OTHER THIRD PARTY. WE DO NOT, AND CANNOT CONTROL YOUR INTERACTION WITH ANY MEMBER OR SUPPLIER; WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION. CONFIRMED360 RESPONSIBILITIES UNDER THESE TERMS IS LIMITED SOLELY TO FACILITATING THE AVAILABILITY OF THE SERVICES AND COLLECTING PAYMENTS ON BEHALF OF THE SUPPLIER. THE SUPPLIER, NOT CONFIRMED360, IS RESPONSIBLE FOR HONORING THE PURCHASE OF ANY EXPERIENCE. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM THE EXPERIENCE LISTING, EXPERIENCES OR USE OF THE SERVICES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND CONFIRMED360, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, CONTENT, AND EXPERIENCES, INCLUDING YOUR PURCHASE AND PARTICIPATION IN AN EXPERIENCE. CONFIRMED360 IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY PERSONAL INJURY, DAMAGE OR HARM RESULTING FROM YOUR PARTICIPATION IN OR PURCHASE OF ANY EXPERIENCE OR YOUR FUFILLMENT OF AN EXPERIENCE.
CONFIRMED360 WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR EXPERIENCES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONFIRMED360 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONFIRMED360 AND YOU.
GOVERNING LAW; ARBITRATION
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to any applicable conflicts of laws, except to the extent that certain matters may be governed by federal law by reason of preemption. Any and all disputes related to these Terms shall be submitted to and resolved by final and binding, private and confidential arbitration Los Angeles, California pursuant to the rules of AAA. Buyer understands that by using the Site or Services, Buyer is waiving any right to file a lawsuit or other civil proceedings including the right to a jury trial. Prior to initiating arbitration, the initiating party shall inform the other in writing setting forth in reasonable detail the nature of all claims against the other, and the non-initiating party shall have thirty (30) days from the date of receipt of notice to elect to require the parties to mediate the dispute. The Parties shall work together in good faith to coordinate mediation pursuant to AAA rules in Los Angeles, California. Each party shall bear its own costs and expenses for mediation and arbitration- namely attorney’s fees, and each party shall be responsible for half of any arbitration and/or mediation expenses. In the event a party fails to abide by the mediation provision herein, the other party shall be entitled to all fees and costs, including attorney’s fees in connection with arbitration whether or not it prevails in arbitration. In the event the parties fail to resolve the dispute during mediation, each side shall be responsible for its own fees and costs (including attorney fees) regardless of which party ultimately prevails. The arbitrator’s decision shall not be subject to appeal, and may be entered as an order in any court of competent jurisdiction in Los Angeles, California. Each party agrees to submit to the jurisdiction of any such court for purposes of the enforcement of any arbitration order. No party shall sue the other except for enforcement of the arbitrator’s decision if the other party is not performing in accordance with the arbitrator’s decision. The provisions of these Terms shall be binding on the arbitrator. Each side shall pay for the costs and fees of arbitration equally.
These Terms constitute the entire and exclusive understanding and agreement between CONFIRMED360 and you regarding the Site, Services, Experiences, and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CONFIRMED360 and you regarding the Site, Services, Experiences, and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without CONFIRMED360's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CONFIRMED360 may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by CONFIRMED360 under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONFIRMED360’s failure to enforce any right or provision of these Terms will not be considered a waiver of future enforcement of that right or provision or of any other right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of CONFIRMED360. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
We’re here to help resolve any issues you may experience. Please email at email@example.com if you have any issues or need assistance with our Services.