Terms of Purchase

The following purchase policies are designed to ensure your satisfaction and understanding of the purchase process on the Southern Experience website or the Southern Experience mobile application (collectively “Site”) which are wholly owned and operated by Southern Experience, LLC (“Southern Experience”). If you have any questions about the information below, please email us at listen@expapp.com. These Terms of Purchase are subject to, and incorporate by this reference the Terms & Conditions at http://www.expapp.com/toc.html and Privacy Policy at http://www.expapp.com/privacy.html.

Admission to the Event

Upgrades for purchase on the Site include, but are not limited to, seat upgrades, experiences, merchandise and passes. Please note, however, that of these, only a pass will provide admission to an event. All other Upgrades purchased on the Site are for particular seat locations, experiences or merchandise once you are already admitted in the event venue with a separately purchased admission ticket. Please note carefully the details of your purchase. Upgrade purchases are subject to any additional terms applicable to your original ticket for admission that may be set by the organization issuing the ticket. These additional terms can be found in the ticket terms and conditions provided by the organization issuing the ticket.

Payment Methods; Currency

The Site supports three potential payment methods: monetary payment (via credit card), Memories Points and Partner Credit.

Credit Card: Prices for Upgrades to be purchased by payment card are denominated, and shall be paid for, in the local currency as determined by the event venue location. All prices for events that occur in the United States are stated in U.S. Dollars; prices for events in Canada are stated in Canadian Dollars; and prices for events in Australia are stated in Australian Dollars. If the event for which you are buying Upgrades is located in the United States, Canada or Australia, Southern Experience accepts American Express, Visa, MasterCard, and Discover. Southern Experience, LLC is a U.S.-based company, so please be advised that your payment card issuer may charge an additional fee for payments in international currencies.

Memories Points: Some Experience partners have Memories Points programs, the terms of which are particular to each individual partner program. In some instances, the Site will allow users to redeem Memories Points for the purchases of Upgrades with participating partners. In other instances, Upgrades may only be purchased with Memories Points. Memories Points may be redeemed only for Upgrades associated with the specific partners under whose programs the Memories Points were earned or acquired. Memories Points are nonrefundable and have no cash value outside of the Experience system. Points expire at the end of the specific partner’s regular season. If the partner does not have a defined season, Memories Points expire one year after they are earned or acquired. Upgrades that require Memories Points must be paid entirely with Memories Points; users may not partially pay with Memories Points and partially with money. Memories Points can only be used in the Experience mobile application.

Partner Credit: As a result of your use of the Site, you may receive Partner Credit which you may use to make purchases (or partial payments toward a purchase) of goods and services of supported partners. PLEASE NOTE: Partner Credit may be branded differently by our supported partners but shall be referred to herein collectively as “Partner Credit” with these terms and conditions governing its use.

Partner Credit is nontransferable, nonrefundable, and has no cash value outside of the Experience system. Partner Credit may be applied only to purchases of Upgrades with participating partners. Partner Credit expires at the end of the specific partner’s regular season. If the partner does not have a defined season, Partner Credit expires one year after it is earned or acquired. Purchase amounts that exceed the value of the user’s available Partner Credit will require an additional method of payment for the balance due. Partner Credit can only be used in the Experience system. Partner Credit may not be applied to purchases of certain products, such as Experience Pass.

Pricing and Availability

Availability for experiences and merchandise is limited based on venue capacity and inventory, respectively. Southern Experience can therefore sell only a limited number of Upgrades per event, and Upgrades for popular events may sell out quickly. Additional Upgrades may become available at any time during the event; however, Southern Experience does not completely control Upgrade inventory or availability, and is not responsible if you are unable to secure an upgrade because Upgrades or the event itself has sold out. Market forces determine prices on Southern Experience.

Upgrade Confirmation

When you purchase an Upgrade, you agree to pay the stated price for your Upgrade or redeem the stated number of Memories Points or Partner Credit amount. Upon a monetary purchase of an Upgrade, Southern Experience will charge your credit card for the applicable amount. Upon validation and authentication of your credit card you will receive confirmation of the purchase in the form of a new electronic seat location on the Site. Upon a redemption of Memories Points or Partner Credit, the points or credit amount will be deducted from your Experience account. If you do not receive confirmation of your Upgrade purchase after completing your transaction, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with our Customer Service Department via email at listen@expapp.com whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. Southern Experience will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation or if you assume an order was placed but you failed to receive confirmation.

Canceled Events and Refunds

Occasionally, events are canceled or postponed by the venue, team, artist, producer, or promoter that is organizing or presenting the event. Should this occur, we will use reasonable efforts to contact you to inform you of any refund or exchange procedures that may be available for that event. If an event is canceled, please contact us at listen@expapp.com for information about any applicable refunds. Please make sure to provide your email address and details about what you purchased so we can efficiently address your questions and process any applicable refund to which you may be entitled. To request a refund, you will need to contact us at listen@expapp.com. Please make sure to provide your email address and details about what you purchased so we can efficiently address your questions and process any applicable refund to which you may be entitled. In the event that Southern Experience issues you a refund for an Upgrade, it will typically be issued using the same method of payment that was used to purchase the Upgrade. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.

Refunds and Exchanges

Before purchasing an Upgrade, carefully review your order. The Southern Experience marketplace is dynamic and fulfills orders instantaneously. Once an order transacts, it cannot be unwound. All transactions are final (subject to these Terms of Purchase).

Billing Information Verification

Orders are processed only after your credit card information has been verified and authenticated. If you submit incorrect credit card account information, that may delay or prevent processing and confirmation of your Upgrade purchase.

Pricing and Other Errors

If the amount you pay for an Upgrade is incorrect because (i) of an error in a price posted on the Site or otherwise communicated to you, (ii) you are able to order an Upgrade before its scheduled public offering, (iii) you are able to order an upgrade that was not supposed to have been released for sale, or (iv) for any other reason, then Southern Experience will have the right to cancel that upgrade (or the order for that Upgrade) and refund you the amount that you paid or exchange it for a different Upgrade. These remedies will apply regardless of whether the error is attributable to human error or a transactional malfunction of the Site or other Southern Experience operated system.

Delivery Methods

Your Upgrade will be delivered to you on the Site after validation of your credit card information and authentication of the transaction.

Limitation of Liability

Southern Experience sells Upgrades for events, but is not responsible for the conditions at the venues where the events take place, or for the actions of the event promoters, the owners of the venue, or any participants or spectators at the events. Balls, pucks, and other objects may fly into the spectator area during sporting and other events. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after any event that you attend. If you are injured at an event, immediately ask an usher for directions to a medical station. By purchasing an Upgrade through Southern Experience, you agree to these Terms of Purchase on behalf of yourself and any accompanying minor and you agree that you assume all risks incidental to the event for which an Upgrade is issued, whether before, during or after the event. To the fullest extent permissible under applicable law, Southern Experience disclaims all liability for conditions at the venues where the events take place, and for the actions of the event promoters, the owners of the venue, or any participants or spectators at the events, and you expressly waive any and all claims you might have against Southern Experience that arise from such conditions or actions.

License; Ejection and Cancellation; No Redemption Value

Venues and event promoters reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language, or who fails to comply with venue or event promoter rules. Breach of rules will terminate your license to attend the event or sit in a seat, and you will not be eligible to receive a refund. An Upgrade is a revocable license and admission to a seat may be refused upon refunding an Upgrade’s face amount. An Upgrade is not redeemable for cash.

Recording, Transmission and Exhibition

You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You grant permission on behalf of yourself and any accompanying minor(s) to Southern Experience to utilize your image, likeness, actions and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) in any medium or context, including for promotional purposes, without further authorization or compensation.

You Are Subject to Search

You and your belongings may be searched on entry to any event for which you have purchased an Upgrade. You consent to such searches and waive any related claims that may arise from such searches. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain venue rules, certain items may not be brought into the venue, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.