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These Terms of Use shall apply to (a) all websites owned and/or operated by Events.com, Inc., a California corporation, including without limitation the website on which these Terms of Use are posted and Events.com’s subsidiary and/or affiliate entities whether or not referred to directly as Events.com (collectively, “Events.com”), as well as mobile versions thereof and social networking service pages and applications (collectively, the “Site”), and (b) any and all services available on or through the Site (together with the Site, the “Services”). By accessing and/or using the Site, you (as defined below) are expressly agreeing to comply with and be bound by the following Terms of Use, Events.com’s Privacy Policy located at https://events.com/privacy/ (the “Privacy Policy”), and any other policies, rules or guidelines, or addendum to this Terms of Use, that may be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and regulations. Events.com and any and all entities that control, are controlled by, or are affiliated or under common control with Events.com, are collectively referred to herein as “we”, “us”, or “our.” “You”, “your”, “Event Organizer”, or “Customer” refers to you, a user of the Site, or to the parent or legal guardian (over the age of 18) of a user of the Site if such user is a minor in his or her state of residence. The Effective Date of this agreement shall be today’s day, the date you accept the these Terms of Use. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. THIS IS A LEGAL CONTRACT FOR SERVICES. If you are not eligible, or do not agree to these Terms of Use, then please do not use the Site or the Services.
These Terms of Use provide that all disputes between you and Events.com will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 26 below for the details regarding your agreement to arbitrate any disputes with Events.com.
Events.com will provide Services related to events, camps, licenses, classes, tickets, contests, permits, facility/equipment use, transactions, sales, memberships, reservations, donations, and/or activities (together, “Events”), including without limitation access to its software as a solution product (“Software”). The features, Services, options, and fees may be described more fully on our web pages describing the Software and Services, and/or in an applicable schedule, statement of work, quote, pricing form, order form, or similar document (each, a “Schedule”). Unless otherwise amended in writing in the form of a separate agreement between you and Events.com any add Fee Schedule which is attached below, each additional Schedule will reference this Agreement or Contract Number (if applicable) and will be governed by and incorporated into this Agreement. You agree to provide us with certain information relating to your organization as necessary for us to provide the Software and Services. Software provided under this Agreement is deemed delivered when made available to you.
Events.com collects certain information from individuals as part of the registration process for your Events. You may login to our data management system to access this information. You agree to be responsible for the security of your login information and for the use or misuse of such information by users authorized by you to use the Software and Services. You will immediately notify Events.com in writing via electronic mail at help@events.com if any such users are no longer authorized. Both parties agree to use the collected information in compliance with (a) all applicable laws, rules and regulations, including, without limitation, those governing online privacy and use of credit card data (i.e. using credit card information only for purposes authorized by the cardholder); (b) applicable Payment Card Industry Data Security Standards. Customer agrees to use information about individuals obtained through the Software only as Events.com is permitted to use such individuals’ information under the terms of Events.com’s Privacy Policy as published on its website.
EVENTS.COM EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE USE OF ITS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS. SOFTWARE AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING OR TRADE USAGE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
The term of this Agreement shall be the period time from the Effective date of this Agreement until the fifteenth (15th) day after the date of your Event, or if there are multiple Events, then until the fifteenth (15th) day after the date of your last chronologically organized Event. Either party may terminate this Agreement: (a) upon a material breach by the other party, if such breach is not cured within thirty (30) days following written notice to the breaching party; or (b) where the other party is subject to a filed bankruptcy petition or formal insolvency proceeding that is not dismissed within thirty (30) days.
To the extent that there is a conflict between these Terms of Use and the Additional Terms for an event, camp, license, class, ticket, contest, permit, facility/equipment reservation, transaction, sale, membership, reservation, donation, and/or activity for which you are using the Site to organize an event (each, an “Event”), the Additional Terms of use shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site or the Services and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms of Use, including any indemnification obligations, warranties, and limitations of liability.
By using or attempting to use the Site, you certify that you are at least 18 years of age or, if you are under the age of 18, that your parent has consented to your use of the Site via our consent mechanism as provided to your parent. You also certify that you are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, you must stop using the Site immediately.
You may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, you may be required to register with Events.com and select a password and screen name (your “registration”). You are responsible for maintaining the confidentiality of your registration. You shall not (a) select or use as your registration a name of another person with the intent to impersonate that person; (b) use as your registration a name subject to any rights of a person other than you without appropriate authorization; or (c) use as your registration a name that is otherwise offensive, vulgar or obscene. You shall be responsible for all uses of your registration, whether or not authorized by you. You will immediately notify Events.com in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You also agree to: (x) provide true, accurate, current and complete information about yourself to Events.com, and (y) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Events.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Events.com may immediately suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof) by you in its sole discretion. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password to the Site and immediately notify us of the problem by contacting us at help@events.com. In the event of any dispute between two or more parties as to account ownership, you agree that Events.com will be the sole arbiter of such dispute in its sole discretion and that Events.com’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
In connection with providing User Content (as defined in Section 16 below) and your use of the Site and Services, you agree that you will not, nor permit anyone else to, indirectly or directly:
Any of the foregoing actions shall constitute a material breach of these Terms of Use. You acknowledge, consent and agree that Events.com may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with laws, rules, regulations, or legal process; (2) enforce these Terms of Use; (3) respond to claims that any User Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Events.com, its users or the public.
You understand that the technical processing and transmission of the Site, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. You further understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Events.com and/or content providers who provide content to the Site. If you submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to Events.com through any of its media, you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) Events.com is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) Events.com shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) Events.com may have something similar to the Submissions already under consideration or in development; (e) your Submissions shall automatically become the property of Events.com without any obligation of Events.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Events.com under any circumstances.
In situations where You use our Services and/or Site to solicit charitable donations (“Donation(s)”) from individuals (“Donors”) to provide to specifically identified cause or 501(c)(3) nonprofit corporation (“Charity”), the following terms and conditions shall apply:
Events.com and its designees may host message boards, blog feeds and other forums found on the Site (collectively, the “Forums”), and you may have the ability to provide or upload to the Site creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “User Content”).By sending or transmitting User Content to Events.com, or by posting such User Content to any area of the Site, YOU GRANT US AND OUR DESIGNEES A PERPETUAL, WORLDWIDE, NON-EXCLUSIVE, UNLIMITED, TRANSFERABLE, FULLY SUBLICENSEABLE (THROUGH MULTIPLE TIERS), ASSIGNABLE, ROYALTY-FREE, FULLY PAID UP, IRREVOCABLE RIGHT AND LICENSE TO USE, REPRODUCE, DISTRIBUTE (THROUGH MULTIPLE TIERS), MODIFY, ADAPT, COMBINE WITH OTHER WORKS, CREATE DERIVATIVE WORKS OF, PUBLICLY PERFORM, DISPLAY, STORE, DIGITALLY PERFORM, PUBLISH (ON THE SITE, ON ANY OTHER WEBSITE(S), IN PRINT, RADIO, TELEVISION OR ELSEWHERE), MAKE, HAVE MADE, SELL, OFFER FOR SALE, IMPORT AND COMMERCIALIZE USER CONTENT, OR ANY PORTION THEREOF, IN ANY MANNER AND CONTEXT (INCLUDING BUT NOT LIMITED TO USAGE IN COMMERCIAL, ADVERTISING OR PROMOTIONAL MATERIALS), NOW KNOWN OR IN THE FUTURE DISCOVERED, IN EVENTS.COM’S SOLE DISCRETION, IN ANY WAY, IN ANY AND ALL MEDIA NOW KNOWN OR HEREINAFTER DISCOVERED, WITHOUT LIMITATION AND WITHOUT ANY COMPENSATION OR ACKNOWLEDGMENT TO YOU OR ANY THIRD PARTY. To the extent permitted by law, you specifically waive any “moral rights” in and to the User Content. The foregoing grant includes without limitation, any copyrights and other intellectual property in and to your User Content. None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. EVENTS.COM IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE. If Events.com does decide, in its sole discretion, to attribute User Content to you, you hereby grant Events.com the right to use your member, or Events name with respect to such attribution, and hereby completely and irrevocably release and forever discharge us from and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member or Events name. For clarity, the foregoing license grant to Events.com does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing. You further acknowledge that Events.com (a) is under no obligation to post, display or otherwise use any User Content, and (b) has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that Events.com receives directly or indirectly from the use or display of your User Content or otherwise from the exercise of Events.com’s rights granted under these Terms of Use. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Events.com or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of User Content, or any derivative works thereof, infringe any of your rights as creator of the User Content, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights and moral rights. Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Events.com. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate any of the Codes of Conduct, and you hereby completely and irrevocably release and forever discharge us from and waive, any legal or equitable rights or remedies you have or may have against Events.com with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Events.com community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Events.com. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. If notified by a user of User Content that allegedly does not conform to these Terms of Use, Events.com may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Content. You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to Events.com under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and these Terms of Use or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable User Content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You acknowledge and agree that we have the right to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.Events.com reserves the right to delete from the Site any User Content, postings or member names and will cooperate fully with any law enforcement officials and/or agencies in any investigation, up to and including complete and immediate termination of your registration and/or accounts with Events.com. You acknowledge that Events.com may or may not pre-screen User Content, but that Events.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Site. Without limiting the foregoing, Events.com and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable, as determined in their sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by Events.com or submitted to Events.com, including without limitation information in Events.com’s message boards and in all other parts of the Site.
As a convenience to our members, we may provide links to third-party web sites. If you use these links, you will leave the Site. Your dealings with third parties through links to such third party websites or applications are solely between you and such third party. Unless otherwise explicitly stated, Events.com is not responsible for the content, goods or services provided on or through such websites, any updates or changes to such sites, for your use or inability to use such sites, or the privacy or other practices of such sites, and the fact that Events.com offers such links does not indicate any approval or endorsement of any material contained on any linked site. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. Events.com expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application. You hereby completely and irrevocably release and forever discharge us from and waive any claim you might have against Events.com with respect to such sites.Events.com and/or third parties may, from time to time, send email messages to you containing advertisements, promotions, etc. pursuant to our Privacy Policy. Events.com makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and you agree that neither Events.com nor such third party shall have any liability with respect thereto. YOU AGREE THAT YOUR USE OF INTERNET WEBSITES AND RESOURCES NOT CONTROLLED BY EVENTS.COM, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Events.com encourages parents to use appropriate parental discretion in determining whether to grant authorization to minor children to access the Site. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on external websites, two of which include GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Events.com does not endorse any of the products or services listed at such websites. Our collection and use of personal information submitted to the Service by minors is subject to the terms of the Events.com Privacy Policy.
In addition to these Terms of Use, any sweepstakes, contests, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Events.com urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities. To the extent such rules conflict with these Terms of Use, such rules shall control with respect to the particular Promotion.
These Terms of Use shall remain effective until terminated. We reserve the right to immediately terminate these Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause, including but not limited to repeated unauthorized postings of copyrighted works. Upon termination of these Terms of Use, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Events.com may immediately deactivate or delete your password and user name, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that Events.com shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Violations of these Terms of Use, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Events.com’s sole discretion, and without prior notice, Events.com may terminate and block your access to the Site or to Events.com’s other services, cancel your event registration, refuse to honor pending and future purchases made from all payment card accounts or online accounts Events.com believes may be associated with you, cancel an event registration associated with any person acting or believed to be acting in concert with you, remove any unauthorized User Content or exercise any other remedy available, if Events.com believes that your conduct or the conduct of any person with whom Events.com believes you act in concert, or the User Content you provide, or any resale of such event registrations purchased through Events.com, violates or is inconsistent with these Terms of Use or the law, or violates the rights of Events.com, a customer of Events.com or another user of the Site. Violating any limitations or terms on the Site, including but not limited to utilizing automated means to process or place event registrations that exceed the stated limit will be deemed to be a material violation of these Terms of Use. YOU AGREE THAT MONETARY DAMAGES MAY NOT PROVIDE A SUFFICIENT REMEDY TO EVENTS.COM FOR VIOLATIONS OF THESE TERMS OF USE AND YOU CONSENT TO INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR SUCH VIOLATIONS. Events.com is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms of Use or any of Events.com’s rights. Additionally, Events.com reserves the right, in its sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. Events.com also reserves the right, in its sole discretion, to impose limits on certain features and services and to restrict access to the Site without notice to you. Events.com shall not be liable to you or any third party for any claim or cause of action arising out of its exercise of the foregoing rights.
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVENTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.THE INFORMATION ON THE SITE OR OTHERWISE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER EVENTS.COM NOR MEMBERS OF THE SITE, WHILE SUCH MEMBERS ARE PARTICIPATING IN ACTIVITIES ON THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. EVENTS.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON THE SITE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE SITE.EVENTS.COM DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE SITE WILL MEET YOUR REQUIREMENTS, THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF EVENTS.COM, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. EVENTS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EVENTS.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVENTS.COM AND/OR ITS AFFILIATED PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. The Site, Materials or Forums may include inaccuracies or errors, or information or materials that violate these Terms of Use. Additionally, unauthorized alterations may be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at help@events.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see Section 17 above.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER EVENTS.COM NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.
WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EVENTS.COM SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR ANY LINKED SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR ANY LINKED SITE; (III) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH EVENTS.COM; (IV) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY EVENTS.COM; (V) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF EVENTS.COM; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED SITE; (VIII) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODE OF CONDUCT; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (X) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (XI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE; (XII) ANY FAILURE OF AN EVENT ORGANIZER TO HONOR A REGISTRATION OR REFUND A REGISTRATION FEE; (XIII) THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED ON THE SITE; (XIV) THE TRUTH OR ACCURACY OF ANY CONTENT OR EVENT LISTINGS ON THE SITE; AND/OR (XV) ANY OTHER MATTER RELATING TO THE SITE, OR EVENTS.COM PRODUCTS OR SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF EVENTS.COM, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF MONIES RECEIVED BY EVENTS.COM FROM YOU OR $100 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
(i) If any Claim is asserted against or sought to be collected from Events.com by a third party, Events.com shall promptly notify You of the Claim in writing, in reasonable detail (the “Claim Notice”). Your obligation to indemnify Events.com is not conditioned on Events.com’s giving the Claim Notice unless the failure to give the Claim Notice prejudiced You in its defense of the Claim.
(ii) You have 15 calendar days after the mailing of the Claim Notice (the “Notice Period”) to notify Events.com (1) whether You dispute its liability to Events.com with respect to the Claim; and (2) whether You desire, at your sole cost and expense, to defend Events.com against the Claim. During the Notice Period, Events.com may file any motion, answer, or other pleading that it deems necessary or appropriate to protect its interests or Your interests and that is not prejudicial to You.
(iii) If You notify Events.com within the Notice Period that You desire to defend Events.com against the Claim, You have the right to defend the Claim by all appropriate proceedings. Events.com may retain separate counsel to monitor or participate in, but not control, any defense or settlement. Events.com must cooperate with You and its counsel in defending against the Claim. No Claim may be settled without Your consent, which will not be unreasonably withheld or delayed.
(iv) If You fail to defend or indemnify Events.com after Events.com gives the Claim Notice, Events.com may, but is not under any obligation to, in addition to all other rights that Events.com may have, undertake the defense of, or to compromise or settle, the Claim for the account of and at the risk of You.
(v) You shall reimburse Events.com for its reasonable attorney fees, accounting fees, expert witness fees, costs, and expenses (including Events.com’s fees, costs, and expenses incurred by monitoring, participating in, or cooperating with any action, compromise, or settlement) within 30 calendar days after Your receipt of a statement of such fees, costs, and expenses. If the Claim cannot be defended solely by Events.com, You shall provide, at no cost or expense to Events.com, all information and assistance that Events.com may reasonably request.
Normal carrier charges and taxes may apply to any Materials you access from the Site. Events.com is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Site. With respect to mobile versions or applications, your carriers’ normal rates and fees, including text messaging and data fees may apply to your use of the Site or Services. In the event you change or deactivate your mobile telephone number, you agree that you will (i) notify us in writing of such change or deactivation of your mobile telephone number and (ii) update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You and Events.com agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Site and Services. Neither the United Nations Convention of Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations. The exclusive jurisdiction and venue of any action arising out of or related to the Site, the Services, or these Terms of Use will be either the state or federal courts in San Diego County, California, and You agree and submit to the personal and exclusive jurisdiction and venue of these courts.
This Site and software derived from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Site or any software derived therefrom, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We believe that your privacy and the privacy of all our users are important. These Terms of Use are subject to the Privacy Policy, which is hereby incorporated by reference. Please carefully review our Privacy Policy. By using the Site, you acknowledge that you have read, and you agree to be bound by the terms of our Privacy Policy.
If you have any questions, comments regarding these Terms of Use or the Site, feel free to contact us at: getsupport@events.com or by writing at Events.com, Inc., 7825 Fay Avenue, Suite 100, La Jolla, California 92037. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Events.com may provide you with notices, including those regarding breaches of security, by email, regular mail or postings on the Site. All notices from you to Events.com must be sent to Events.com, Inc., 7825 Fay Avenue, Suite 100, La Jolla, California 92037 or getsupport@events.com and such notices will be deemed received the next day if sent via email, overnight mail or courier or three (3) days after deposited in the mail sent certified or registered.
FEE SCHEDULE
For more details on our fee schedule, please view our pricing page at
https://events.com/pricing/
These Terms of Use shall apply to (a) all websites owned and/or operated by Events.com, Inc., a California corporation, including without limitation the website on which these Terms of Use are posted and Events.com’s subsidiary and/or affiliate entities whether or not referred to directly as Events.com (collectively, “Events.com”), as well as mobile versions thereof and social networking service pages and applications (collectively, the “Site”), and (b) any and all services available on or through the Site (together with the Site, the “Services”). By accessing and/or using the Site, you are expressly agreeing to comply with and be bound by the following Terms of Use, Events.com’s Privacy Policy located at: https://more.events.com/privacy.html (the “Privacy Policy”), and any other policies, rules or guidelines that may be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and regulations. Events.com and any and all entities that control, are controlled by, or are affiliated or under common control with Events.com, are collectively referred to herein as “we,” “us” or “our.” “You,” “your,” “Event Registrant,” or “Customer” refers to you, a user of the Site, or to the parent or legal guardian (over the age of 18) of a user of the Site if such user is a minor in his or her state of residence. The Effective Date of this agreement shall be today’s day, the date You accept the these Terms of Use.PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING “I ACCEPT,” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you are not eligible, or do not agree to these Terms of Use, then please do not use the Site or the Services.
These Terms of Use provide that all disputes between you and Events.com will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action. Please review Section 20 below for the details regarding your agreement to arbitrate any disputes with Events.com.
The foregoing actions shall constitute a material breach of these Terms of Use.You acknowledge, consent and agree that Events.com may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with laws, rules, regulations, or legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Events.com, its users or the public.You understand that the technical processing and transmission of the Site, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Events.com and/or content providers who provide content to the Site.If you submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to Events.com through any of its media, you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) Events.com is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) Events.com shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) Events.com may have something similar to the Submissions already under consideration or in development; (e) your Submissions shall automatically become the property of Events.com without any obligation of Events.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Events.com under any circumstances.
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Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.