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 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.
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 firstname.lastname@example.org. 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:
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:
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.
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.
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 email@example.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.
For more details on our fee schedule, please view our pricing page at