Effective Date: December 11, 2019
- 1. Services.
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.
- 2. License to Intellectual Property/Promotion.
- (a) Retained Rights. Events.com retains all right, title, and interest in and to its Software and Services and any underlying software subject to the limited license provided by this Agreement.
- (b) License Grant. Events.com hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable license (i) to use the Software and Services solely in accordance with this Agreement and any schedule thereto, and (ii) to display, reproduce, distribute, and transmit in digital form Events.com’s name and logo solely for the purposes set forth in this Section 2. You hereby grant to Events.com a limited license to use information provided by you relating to your organization, which may include your organization’s name, trademarks, service marks, logos and other similar materials and rights, in connection with the promotion of your organization or Events.
- (c) Customer Obligations. You will make reasonable efforts to promote and encourage the use and availability of the Software in connection with the promotion of your Events for which you are using the Software and Services. You will include Events.com’s name and logo in newsletters, printed registration forms or mailings provided by you to prospective participants (e.g., by inserting the following statement in any online or print media related to your Event: “Online Registration Powered by Events.com”). Events.com will be the sole and exclusive provider of registration services similar to the Software and Services provided to Customer hereunder for each Event for which you are using Events.com’s Software and Services during the term of this Agreement.
- (d) Promotional Materials. You agree to receive notifications regarding free product, promotional items, and giveaways (“Promotional Materials”) at your Event(s) or facility(ies), but you may opt not to receive Promotional Materials from Events.com. Registrants of your Events may opt-in to receive Promotional Materials from Events.com; we will be responsible for providing customer service for any such offers.
- (e) Customer Compliance. You agree to comply with all applicable laws, rules, and regulations relating to your obligations hereunder. You further agree not to collect any data which could be defined as “Protected Health Information” specifically individually identifiable health information, including demographic data, that relates to (a) the individual’s past, present or future physical or mental health or condition, (b) the provision of health care to the individual, or (c) the past, present or future payment for the provision of health care to the individual.
- 3. Information Collection.
- 4. Fees.
- (a) Direct Fees Due to Events.com. Customer agrees to pay the fees as more fully described in each applicable Schedule. For registration Software, unless otherwise set forth on the applicable Schedule, Events.com will collect registration fees charged by you from individuals who register for your Events online, for the purposes of card association rules, as a merchant of record but not a seller of record. Events.com will remit those sums to you, net of chargebacks and any other offsets, bi-weekly unless otherwise set forth in the applicable Schedule, less Events.com’s service fees as set forth in the applicable Schedule. Events.com may suspend its performance hereunder, including remitting payments, in the event it reasonably believes that the Software or Services are being used for fraudulent or other suspect purposes. All fees and prices are in United States Dollars unless otherwise specified.
- (b) Indirect Fees Due to Events.com. All fees that are not directly collected by Events.com as part of registration fees will be due from you within thirty (30) days from the end of the remittance cycle during which the fees accrued. These fees are displayed on your account statement. Past due fees shall accrue interest at the annual rate of ten percent (10%) per annum. In the event of delay in paying a fee, you agree to reimburse Events.com for any fees incurred in its collection efforts. Events.com may suspend or deactivate your account if your account is more than thirty (30) days past due.
- (c) Fee Modification. Events.com reserves the right to modify the fees charged, provided that any increase will not exceed twelve and a half percent (12.5%). Events.com shall notify Customer at least thirty (30) days in advance of any such change. If we modify the fees, you can terminate this Agreement at that time by providing written notice within thirty (30) days following the date the change is implemented.
- (d) Seller of Record. As the seller of record, you will be solely responsible for, and will pay, any and all use, excise, sales or privilege taxes, duties, value added taxes, fees, assessments, or similar liabilities, chargeable by a governmental authority as a result of any Software or Service provided under this Agreement. Taxes on Events.com’s net income are excluded. All fees described in the applicable Schedule are in consideration of the Software and Services that Events.com provides. Events.com and Customer acknowledge that certain credit card network rules and laws prohibit imposing a surcharge that is based on the type of payment method used (e.g., having a different fee for the use of a credit card vs. debit card), and therefore, each agrees not to impose such a surcharge on any end user. In the event that United States or foreign tax authorities require additional information or documentation, Events.com reserves the right to withhold any and all payments to the Customer until such information or documentation is provided by Customer to the satisfaction of the appropriate requesting entity.
- 5. Disclaimer of Warranty.
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.
- 6. Term and Termination.
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.
- 7. Confidential Information.
- (a) Confidential Information. Each party acknowledges that it will have access to certain confidential information of the other party concerning the other party’s business, plans, customers, technology, and products, including the terms and conditions of this Agreement (“Confidential Information”). Each party shall not use in any way, for its own account or the account of any third party, except as expressly permitted by this Agreement, nor disclose to any third party (except as required by law or to that party’s attorneys, accountants and other advisors as reasonably necessary), any of the other party’s Confidential Information and shall take reasonable precautions to protect the confidentiality of such information.
- (b) Exceptions. Information will not be deemed Confidential Information if such information: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving party; or (iv) is independently developed by the receiving party.
- 8. Subject to Additional Terms
- 9. Eligibility
- 10. Registration
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.
- 11. Code of Conduct
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:
- (a) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreement;
- (b) submit information that includes non-public personal or identifying information about another person without that person’s explicit consent;
- (c) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- (d) restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- (e) access or attempt to access parts of the Site for which you are not authorized by Events.com, circumvent or attempt to circumvent any security or password protection on the Site, access the Site by any means other than through the interface that is provided and authorized by Events.com;
- (f) modify any software for the Site in any manner or form, nor use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
- (g) use the Site or Materials for any unlawful purpose;
- (h) express or imply that any statements you make are endorsed by us, without our prior written consent;
- (i) impersonate any person or entity, whether actual or fictitious, including any employee or representative of Events.com;
- (g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
- (k) transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) any material, non-public information about companies without the authorization to do so; (iii) any trade secret of any third party; or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- (l) use the Site to harm minors in any way;
- (m) engage in spamming or flooding;
- (n) transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- (o) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
- (p) remove any copyright, trademark or other proprietary rights notices contained on the Site;
- (q) “stalk” or otherwise harass another;
- (r) link to any page of or content on the Site without written authorization;
- (s) use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site;
- (t) harvest or collect information about Site visitors or members without their express consent;
- (u) take any action that imposes or may impose (in Events.com’s sole discretion) an unreasonable or disproportionately large load of data, information, or queries on our (or our third party providers’) infrastructure;
- (v) share use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in any offer on the Site if you are not the original recipient of such passcode or password;
- (w) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; and/or
- (x) violate any applicable local, state, national or international law or any regulations having the force of law.
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.
- 12. Ownership and Restrictions on Use
- (a) Owned by Events.com. The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Events.com or its licensors, and are intended to educate and inform you about the events and other products and services offered or described on the Site. The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Events.com and will remain the exclusive property of Events.com. You acknowledge that the Site is protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials. You shall not challenge, contest or otherwise impair Events.com’s ownership of the Site and the content therein.
- (c) Trademarks. The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Events.com and Events.com’s advertisers, licensors, suppliers and others. The Trademarks owned by Events.com, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Events.com, in any manner that is likely to cause confusion with customers, or in any manner that disparages Events.com. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Events.com, Events.com’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Events.com will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. You may make comparative or other nominative fair use of Trademarks owned by Events.com in advertising and promotional materials, and in referring to Events.com’s products and services (for example, in a magazine article) without Events.com’s permission, provided you follow standard trademark usage practices and provide proper attribution to Events.com. Other uses that are not “fair use” require written permission from Events.com, and absent such express permission, you agree not to use or display the Trademarks owned by Events.com in any manner. Please make such requests by email to email@example.com; we will evaluate your request as soon as possible.
- 13. Making Purchases
- Your Representations and Warranties. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, payment card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use payment cards belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses.
- (c) Problematic Transactions. If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your payment card or bank account information, your event registration may be cancelled, we may refuse to honor all pending and future purchases made on such payment card accounts and/or on any online accounts associated with such payment card accounts, and you may be prohibited from using the Site.
- (d) Third Party Offerings. Descriptions or images of, or references to, third party products, services, or Events on the Site do not imply Events.com’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to Events.com’s acceptance of any order. Price and availability of any product or service are subject to change without notice
- 14. Donations.
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:
- (a) The Services we provide through our Site are merely a platform through which an Event organizer can create and market an Event and, in addition, to fundraise and/or solicit and collect Donations. We are not a broker, financial institution or 501(c)(3) nonprofit corporation (“Charity”)
- (b) Any and all Donations made as part of your Event are handled through a third-party payment processor. These Donations are sent directly to You by this third-party payment processor and You are directly responsible for the prompt disbursement of all Donations to the appropriate Charity. We are not responsible for disbursing any Donations or communicating with Donors about the same. It is strongly recommended that You communicate with Your Donors once the Donations have been disbursed by You.
- (c) We do not endorse any Charity, and make no guarantee, express or implied, that any information provided by You through the Services about the Charity, or intended use of the Donations, is accurate. You are responsible for vetting the Charity You chose to support through your Event, and we do not guarantee that such Charity is in good standing with applicable federal and state agencies and/or has tax-exempt status.
- (d) If You solicit Donations using our Services and/or Site, You represent, warrant and covenant that:
- You have received advance written authorization and consent to use the name of Your chosen Charity for solicitation purposes;
- all Donations contributed as part of your Event and for the Charity will be used solely as described in the materials that You post on our Site or otherwise provide when using our Services;
- You will not engage in any fraudulent or deceptive activities with respect to solicitation Donations using our Services and/or Site;
- You will not use our Services and/or Site to solicit Donations for any of the listed prohibited activities as described herein;
- all information You provide using our Services and/or Site in connection with solicitating Donations is accurate, complete, and not likely to deceive any Donors;
- You will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting, political contributions, and asset disclosures for Your Event and related Charity;
- Donations received from Donors will be disbursed to the Charity in a timely manner, and in no event greater than sixty (60) days from Your receipt of all Donations and expiration of the Event relating to which the Donations were made;
- to the extent You share with us any personal data of any individual or third party for any purpose, including the names, email addresses and phone numbers of Your personal contacts, You have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which You shared it with us. You authorize Events.com, and Events.com reserves the right to, provide information relating to Your Event and/or chosen Charity to Donors, beneficiaries of your Event or law enforcement, and to assist in any investigation thereof.
- Failure to strictly follow any of the above-listed representations, warranties and covenants will result in immediate temporary – or permanent – suspension of Your account with Events.com, at the sole discretion of Events.com, and potential prohibition from using our Services and/or Site going forward. Further, You agree to indemnify, and hold harmless, Events.com, its parent, subsidiaries, affiliates, and each of their respective directors, officers, shareholders, representatives, employees and agents (collectively, “Indemnitees”) against all costs, expenses, and losses (including reasonable attorneys’ fees and costs) incurred as a result of any and all third-party claims against the Indemnitees for breach of any representation, warranty or covenant set forth herein, or other violation of the terms and conditions stated herein.
- Events.com expressly prohibits individuals or entities who fundraise and/or solicit Donations using our Services and/or Site from making any fraudulent or deceptive statements regarding the same, and from fundraising or soliciting Donations for purposes deemed prohibited by Events.com and as generally described herein. To the extent Events.com suspects any violation(s) by You in this regard, Events.com reserves the right to take immediate and necessary action to address any issue including, but not limited to, temporary or permanent suspension of Your account, freezing of any and all funds relating to Your Event and/or account, reporting You to law enforcement authorities, and taking any other appropriate legal action.
- The following are examples of fundraising and/or donation solicitation activities that are prohibited by Events.com. This list is not exhaustive and we reserve the right to investigate anyone who, in our sole discretion, violates any of the terms or spirit of these terms and conditions. Without limiting the foregoing, You agree not to use the Services and/or Site to: (i) raise funds or solicit Donations involving: (1) the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which You are bound, including those of payment card providers and transaction processors that You utilize in connection with the Services and/or Site; (2) any election campaigns that are not run by a registered organization within the supported country; (3) content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible; (4) drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; (5) legal substances that provide the same effect as an illegal drug; (5) products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm; (6) knives, explosives, ammunition, firearms, or other weaponry or accessories; (7) annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies; (8) gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes; (9) campaigns we deem, in our sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases; (10) activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority; (11) funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty; (12) pornography or other sexual content; (13) offensive, graphic, perverse or sensitive content; (14) collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as provided by Events.com; (15) credit repair or debt settlement services; (16) the receipt or grant of cash advances or lines of credit to Yourself or to another person for purposes other than those purposes clearly stated in the Event; (17) the aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds; (18) counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; (19) products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; (20) processing where there is no bona fide donation accepted; (21) any other activity that Events.com may deem in its sole discretion to be unacceptable; and (ii) raise funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor
- With respect to all Donations You accept using the Services and/or Site, You agree: (i) not to accept any donations that You know or suspect to be erroneous, suspicious or fraudulent; (ii) not to use the Services and/or Site in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC); (iii) to maintain a copy of all electronic and other records related to Donations as necessary for Events.com to verify compliance with these terms and conditions, and make such records available to Events.com upon our request.
- For clarity, the foregoing does not affect or limit Your obligations to: (1) maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and (2) at Events.com’s request, including without limitation in case of investigations by Events.com, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
- Events.com reserves the right to refuse, condition, or suspend any Donations or other transactions that we believe in our sole discretion may violate our terms of service or harm the interests of our users, business partners, the public, or Events.com, or that expose Events.com or others to risks we consider to be unacceptable. We may share any information related to your use of the Services and/or Site with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about You, Your account, Your Donors, Your Donations, and transactions made through or in connection with Your use of the Services.
- 15. Information Provided by Events.com
- No Guarantee. Although Events.com strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site are subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Events.com endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
- No Endorsement. In addition, portions of the Materials have been contributed to the Site by various artists, sports teams and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and Events.com expressly disclaims any liability with respect to the foregoing.
- 16. Forums and User Content
- 17. Digital Millennium Copyright Act
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address: Events.com, Inc. Attention: DMCA Designated Agent / Corporate Counsel, 7825 Fay Avenue, Suite 100, La Jolla, California 92037. E-mail: firstname.lastname@example.org. Any notice alleging that materials hosted by or distributed through the Site or Services infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Repeat Infringers. Events.com will promptly terminate without notice the accounts of users that are determined by Events.com to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Site or Services more than twice.
- 18. Links
- 19. Access by Minors
- 20. Rules for Sweepstakes, Contests and Games
- 21. Termination
- 22. Suspected Violation of these Terms or Law; Injunctive and Equitable Relief
- 23. Disclaimers; No Warranties
- 24. Limitation of Liability.
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.
- 25. Indemnification
- Method of Asserting Claims. All Claims for indemnification by Events.com will be resolved as follows:
(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.
- 26. Arbitration Agreement; No Class Action
- Generally. In the interest of resolving disputes between you and Events.com in the most expedient and cost effective manner, you and Events.com agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EVENTS.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Exceptions. Notwithstanding subsection 26(a), we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
- Arbitrator. Any arbitration between you and Events.com will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Events.com.
- Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Events.com’s address for Notice is: Events.com, Inc., 7825 Fay Avenue, Suite 100, La Jolla, California 92037. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Events.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Events.com shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Events.com shall pay you (x) the amount awarded by the arbitrator, if any, or (y) $100.00, whichever is greater. If the amount awarded by the arbitrator is less than the last written settlement amount offered by Events.com in settlement of the dispute prior to the arbitrator’s award then you agree that you shall not recover reasonable attorney’s fees, if such are recoverable.
- Fees. In the event that you commence arbitration in accordance with these Terms, Events.com will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Diego County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Events.com for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
- No Class Actions. YOU AND EVENTS.COM 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. Further, unless both you and Events.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications. In the event that Events.com makes any future change to this arbitration provision (other than a change to Events.com’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Events.com’s address for Notice, in which case your account with Events.com shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
- Enforceability. If Subsection 26(f) is found to be unenforceable or if the entirety of this Section 26 is found to be unenforceable, then the entirety of this Section 26 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 28 shall govern any action arising out of or related to these Terms.
- 27. Connectivity; Mobile Use.
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.
- 28. Applicable Law.
- 29. U.S. Export Controls.
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.
- 30. Privacy.
- 31. Questions and Comments.
- 32. Notice.
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.
- 33. Miscellaneous
- Assignment. Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Service Provider, except that Customer may assign this Agreement in whole as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets. Any attempted assignment or delegation without such consent will be void. Events.com may assign this Agreement in whole or part. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns
- International Use. The Service is hosted in and operated from the United States. If you choose to use the Service from the European Union or other regions of the world with laws that may differ from U.S. law, then please note that you are using a service governed by U.S. law and are transferring your Personal Information outside of those regions to the United States for storage and processing.
- Entire Agreement. This Agreement contains the entire understanding of the parties regarding the subject matter hereof and can only be modified or amended by a subsequent written agreement executed by both parties.
- Survival. Sections 2, 3, 5, 6, 7, and 8 of this Agreement and any fees owed by you shall survive any termination or expiration of this Agreement.
- Force Majeure. Neither party will be deemed to be in default hereunder, or will be liable to the other, for failure to perform any of its obligations under this Agreement to the extent that such failure results from any event or circumstance beyond that party’s reasonable control.
- Government Regulations. Customer shall not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction Customer operates or does business.
- Relationship of Parties. Events.com and Customer are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Events.com and Customer. Neither Events.com nor Customer will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
- Notice of Customer’s Refund Policy. Customer agrees to clearly communicate, and make freely available to the public, Customer’s refund policy. Customer will make diligent efforts to insure that the information is updated, accurate and easily accessible and discoverable online to all interested individuals, registrants, and users.
- Marketing Cooperation. Customer agrees to use reasonable and diligent efforts in cooperation with Events.com’s continued branding and marketing efforts which may include, but is not limited to, being available and contributing to the research of a limited case study and/or white paper regarding your business and the relationship with Events.com, providing quotable material for print advertisements and joint press releases (subject to mutual approval prior to publication), and cooperating with any third party client endorsements. In addition, Customer hereby grants a non-exclusive license to Events.com for the limited-use of Customer’s corporate logo(s) and name in Events.com marketing and promotional materials during the period of this Agreement
For more details on our fee schedule, please view our pricing page at