Max Capacity User Agreement

1. Scope & Applicability (U.S. Only)

The Service is intended for use only in the United States. If you access or use the Service from outside the U.S., you do so at your own risk and are responsible for compliance with local laws. We may update this Agreement from time to time. Continued use of the Service after a change becomes effective constitutes your acceptance of the revised terms.

2. Eligibility & Account

• You must be at least 18 years old and capable of forming a binding contract.
• You agree to provide accurate information and to maintain the confidentiality of your credentials. You are responsible for all activity that occurs under your account.
• We may suspend or terminate accounts for suspected violations of this Agreement or applicable law.

3. Our Role (Marketplace)

Max Capacity operates a marketplace that enables users to buy and sell event tickets. Unless we expressly state otherwise, Max Capacity is not the event organizer, producer, or primary ticket seller, and does not control venue operations. We act as an intermediary platform between independent buyers and sellers.

4. Third‑Party Marketplaces & Syndication

Max Capacity may, at your direction or as part of our listing workflow, syndicate or relay your ticket listings to third‑party marketplaces (the “Integrated Marketplaces”). Availability of integrations is not guaranteed and may be suspended or limited at any time, including due to technical issues.

• Policies & Conflicts. Your use of Integrated Marketplaces is subject to their own terms and policies. If there is a conflict between this Agreement and an Integrated Marketplace’s policy that governs a particular transaction, that marketplace’s policy may control for that transaction.
• No Control. We do not control third‑party marketplace decisions (e.g., listing visibility, delisting, buyer verification, delivery requirements, or fraud screening) and are not responsible for their actions or omissions.
• Data Sharing. You authorize us to share necessary listing, order, and fulfillment information with Integrated Marketplaces and service providers to facilitate the transaction, fraud prevention, and customer support.

5. Ticket Listings

• Accuracy. Sellers must provide complete, accurate, and non‑misleading information (including section, row, seat, delivery method, and any known restrictions).
• Right to Sell. You represent and warrant that you have the right to resell the tickets listed and that such resale is lawful at the time and place of the event.
• Syndication Authorization. By listing on Max Capacity, you authorize us to display the listing on our marketplace and, where enabled, to syndicate the listing to Integrated Marketplaces.
• Adjustments. We may require you to update, verify, or correct listing details. We may remove or suspend listings that violate policies or law.

6. Purchasing Tickets

• Pricing & Fees. Prices are set by sellers. Service, processing, delivery, and/or marketplace fees may apply and will be shown at checkout.
• Order Confirmation. Orders are not complete until you receive an explicit confirmation.
• Payment Authorization. You authorize us (and our payment processors) to charge your payment method for the full amount of the order, including fees and taxes.
• All Sales Final. Except as set forth in Section 9, all purchases are final.

7. Delivery of Tickets

Delivery methods may include electronic transfer (e.g., mobile wallet, barcode, account transfer), or electronic download. Delivery timing may depend on event organizers and Integrated Marketplaces. You are responsible for ensuring you can access tickets in the format delivered and for complying with any transfer instructions.

8. Cancellations, Postponements & Refunds

• Cancelled Events. If an event is officially cancelled without a rescheduled date, you may be eligible for a refund or credit as specified by our policy and, where applicable, the Integrated Marketplace’s policy.
• Postponed/Rescheduled. If an event is postponed or rescheduled, tickets typically remain valid for the new date. Refunds are generally not provided for postponements.

9. Fees, Payments & Payouts

• Buyer Fees. Service, processing, delivery, and taxes may apply and will be disclosed at checkout.
• Seller Payouts. Payout timing may vary due to fulfillment verification, fraud screening, payment network rules, and marketplace policies. Payouts generally occur after the event has concluded; some Integrated Marketplaces may take longer.
• Chargebacks. Unauthorized chargebacks are prohibited. We may contest chargebacks and recover associated amounts, fees, and costs from you.
• Offsets. We may offset amounts you owe (including reversals, refunds, penalties, or fees) against balances or future payouts.

10. Prohibited Conduct

• Listing or selling tickets you do not have the right to sell, or that are invalid, duplicated, or fraudulent.
• Violating law, venue rules, or event policies, including restricted transfer rules.
• Using bots, scrapers, or other automated means without written permission; attempting to interfere with security or platform integrity.
• Misrepresenting identity, engaging in abusive behavior, or manipulating prices or demand.

11. Venue Rules & Denial of Admission

You must follow all venue and event organizer rules, including health and safety requirements. If you are denied admission or removed due to your conduct, policy violations, or inability to comply with entry requirements, we are not responsible and no refund is due. If you believe you were wrongly denied admission due to invalid tickets, contact help@maxcapacity.com promptly with documentation.

12. Intellectual Property

The Service, including software, text, graphics, logos, and trademarks, is owned by Max Capacity or its licensors and protected by law. Except as expressly permitted, you may not copy, modify, distribute, reverse engineer, or create derivative works from the Service or its content.

Third‑Party Content & Trademarks. Some content displayed via the Service (for example, artist images, venue photos, event names, and trademarks) is the property of their respective owners and is used by Max Capacity under license, authorization, or applicable legal exceptions. No ownership is claimed in such third‑party content, and use does not imply endorsement. If you are a rights holder and believe material is used improperly, contact help@maxcapacity.com and we will review your request.

13. Privacy

Your use of the Service is subject to our Privacy Policy. You consent to our collection, use, disclosure, and retention of information as described therein, including sharing with Integrated Marketplaces and service providers to facilitate transactions, fraud prevention, and customer support.

14. Electronic Communications

By using the Service, you consent to receive electronic communications related to your account and transactions (e.g., confirmations, receipts, support messages). You agree that these satisfy any legal requirements that such communications be in writing.

15. Indemnification

You agree to indemnify, defend, and hold harmless Max Capacity, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your listings, sales, or purchases, or your breach of this Agreement or applicable law.

16. Disclaimers

The Service is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non‑infringement, or uninterrupted or error‑free operation. We do not warrant the actions or omissions of sellers, buyers, event organizers, venues, or Integrated Marketplaces.

17. Limitation of Liability

To the maximum extent permitted by law, Max Capacity’s total liability for any claim arising out of or relating to the Service or this Agreement shall not exceed the greater of (a) the amount you paid to Max Capacity for the transaction giving rise to the claim, or (b) $200. In no event shall Max Capacity be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business opportunities.

18. Dispute Resolution & Arbitration; Class‑Action Waiver

Informal Resolution. Before filing a claim, you agree to first contact us at help@maxcapacity.com and attempt to resolve the dispute informally.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The seat of arbitration is Colorado Springs, Colorado. Judgment on the award may be entered in any court of competent jurisdiction.

Class‑Action/Jury Waiver. You and Max Capacity agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You waive the right to a jury trial.

Opt‑Out. You may opt out of arbitration within 30 days of creating your account by sending an email to help@maxcapacity.com with the subject line Arbitration Opt‑Out and your account email, full name, and a statement that you elect to opt out.

Exceptions. Either party may pursue claims in small‑claims court of competent jurisdiction or seek injunctive relief in a court to protect intellectual property or prevent unauthorized access or misuse of the Service.

19. Changes to the Service & Terms

We may modify, suspend, or discontinue the Service (in whole or in part) at any time without liability. We may update this Agreement from time to time. Changes are effective when posted unless a later effective date is stated. Your continued use after the effective date constitutes acceptance of the changes.

20. Governing Law

This Agreement is governed by the laws of the State of Colorado, without regard to conflict‑of‑laws principles, except to the extent preempted by federal law.

21. Miscellaneous

• Entire Agreement. This Agreement, together with the Privacy Policy and any incorporated policies, constitutes the entire agreement between you and Max Capacity regarding the Service.
• No Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect.
• Assignment. You may not assign this Agreement without our prior written consent. We may assign this Agreement without restriction.
• No Agency. This Agreement does not create a partnership, joint venture, or agency relationship.
• Headings. Headings are for convenience only and do not affect interpretation.
• Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Survival. Sections that by their nature should survive termination will survive (including, without limitation, Sections 9–19 and 21–22).

22. Contact