Eventive

Terms of Service

Last updated: January 2, 2022

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

These Terms of Service (“Terms”) are entered into by and between Eventive LLC, for the benefit of itself and its partners, sponsors and affiliated companies (“Eventive”, “we”, or “us”) and you, or if you represent an entity or other organization, that entity or organization (in either case, “you” or “your”). These Terms govern your access to and use of the https://eventive.org website and subdomains (collectively, the "Site") and any Eventive products, software, applications, and services offered on or through the Site (collectively, the “Services”).

Some terms may not apply to you, depending on where you are in the world, so please look out for any notices explaining terms that are relevant to particular countries only.

BY ACCESSING OR USING THE SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. YOUR ACCESS TO AND USE OF THE SERVICES IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

CONTINUED ACCESS AND USE OF THE SERVICES AFTER CHANGES HAVE BEEN MADE TO THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THESE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY THESE TERMS AND ANY MODIFICATIONS TO IT.

We are committed to making our Services accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of our Services, please contact us.

CONTENTS

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OUR SERVICES

Our Services allow users to host, distribute, and sell tickets or passes for events and electronic access to content (as well as purchase tickets and passes for such events and electronic access to content). These Terms govern both your use of the Services and any purchase you make on or through the Services. All purchases through the Services, or other transactions for the sale of tickets, passes, and content formed through the Services, are governed by our Supplemental Terms of Sale. Additional terms and conditions may also apply to specific portions or features of the Services. Other policies and terms are typically found by navigating the Services, checking website headers and footers and by reviewing hyperlinked terms made available to you with the relevant Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

CHANGES

We reserve the right, at any time, to modify the Services with or without notice to you. We may also modify these Terms, or any additional terms that apply to the Services from time to time in our sole discretion. Although we will use reasonable efforts to notify you of such changes, we encourage you to periodically review these Terms. We will note the effective date of the latest version of these Terms at the top of this page. When changes are made to these Terms, they will become immediately effective when published on this page unless otherwise noted. If you do not agree to the modified Terms, you must discontinue your use of the Services. You will be deemed to have agreed to any and all modifications through your continued use of the Services following any such modifications. We encourage you to review these Terms periodically. We will make reasonable efforts to notify you of material changes to these Terms. Such efforts might include posting notice on the Services, or an email to the address we have on file, or a message in your Account.

ACCESS TO THE SERVICES

Eligibility

Our Services are not intended for users under the age of 13 or who do not meet any of the other qualifications under these Terms. YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR SERVICES. If you are under the age of majority in your home state, which is 18 in most states and countries, and at least 13 years of age, you are only permitted to use our Services with the supervision of a parent or guardian who agrees to be bound by these Terms.

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and you represent and warrant that you have the authority to bind that organization to these Terms.

By accessing and using the Services, you hereby represent that (a) of legal age to form a binding contract; (b) you have the consent of your parent(s) to use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant Eventive the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms.

Accounts

In general, you are not obligated to register for an account to access our Services. However, you will be required to register for an account to use certain features of the Services. You may not authorize any third party to access or use the Services on your behalf. You may not use another user’s account without that user’s permission. You are responsible for the confidentiality and use of your account username and password and all activities (including purchases) that occur under your account. We will not be liable for any loss or damage arising from any unauthorized use of your accounts. You agree to immediately notify us in writing of any unauthorized use of your account or any other breach of security that you become aware of involving or relating to your account. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Services and your account, including without limitation, terminating your account, changing your username and/or password or requesting information to authorize transactions on your account.

If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account. We may refuse registration, cancel an account, or deny access to the Services for any reason.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

YOUR USE OF THE SERVICES

License Grant

Subject to your compliance with these Terms and your payment of any required fees (if applicable), we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services and its Content to the extent permitted by its intended functionality and these Terms. We may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason.

ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS, OR AUTHORIZED BY US IN WRITING, IS STRICTLY PROHIBITED AND A VIOLATION OF THESE TERMS.

Restrictions

While using our Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use our Services for any fraudulent or unlawful purpose, and you may not take any action to interfere with our Services or any other party’s use of our Services. In addition, we expect users of the Services to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

  • Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through our Services any content, that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising;
  • Post to or transmit through our Services any sensitive personally identifiable information about yourself or third parties, such as social security, credit card or bank account numbers, health or medical information, or other information concerning personal matters, unless specifically requested by us;
  • Reproduce, duplicate, copy, publicly display, frame, mirror, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to our Services;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with our Services, or express or imply that we endorse any statement you make;
  • Violate, or attempt to violate, the security of our Services;
  • Disseminate on our Services any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;
  • Use scripts, macros or other automated means to impact the integrity of balloting/voting, ratings or similar features;
  • Reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of our Services;
  • Build a competitive product or service using our Services, build a product or service using similar ideas, features, functions, or graphics as our Services or determine whether our Services are within the scope of any patent;
  • Interfere in any manner with the operation or hosting of our Services or monitor the availability, performance, or functionality of our Services;
  • Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on our Services or to collect any information from our Services or any other user of our Services; or
  • Assist or permit any persons in violating these Terms or other applicable laws or rules governing the use of our Services.

USER CONTENT

Some of our Services allow you to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Content”) on or through the Services. You understand that you are solely responsible for the User Content you post and you, not Eventive, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that you have all necessary rights to transmit, share, perform or otherwise display such User Content. You shall not upload, post or otherwise make available on or through our Services any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s).

As a condition of making User Content available through our Services, you hereby grant to us, a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, copy, reproduce, process, adapt, publish, transmit, host and display User Content for the purpose of providing the Services and associated support; promoting Eventive or the Services in general; and analyzing and improving the operation of the Services.

You agree, represent and warrant that any User Content you post on or transmit through our Services is truthful, accurate, not misleading and offered in good faith. You also agree that you will not post any User Content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of these Terms or our policies. We reserve the right to remove or modify User Content, or change the way it is used in the Services, for any reason, including User Content that we believe violates these Terms or our policies, or otherwise may create liability for us. Without limiting any other restrictions or provisions in these Terms, all rights, title and interest in and to any User Content will remain with their legal owners.

YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES RESULTING FROM ANY INFRINGEMENT OF COPYRIGHT, TRADEMARK, PROPRIETARY RIGHTS, OR ANY OTHER HARM RESULTING FROM ANY USER CONTENT OF ANY KIND YOU UPLOAD, TRANSMIT OR SHARE ON OR THROUGH OUR SERVICES. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY, AND YOU ARE SOLELY RESPONSIBLE FOR ANY CLAIMS, DAMAGES OR LOSS REFERRING OR RELATING TO THE EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ALL USER CONTENT, THE TRUTH OR ACCURACY OF DESCRIPTIONS OF USER CONTENT.

Except as otherwise expressly set forth in these Terms, any User Content you post on or transmit through our Services will be considered non-confidential and non-proprietary. PLEASE DO NOT PUBLICLY POST OR SEND US ANY IDEAS, SUGGESTIONS, OR OTHER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY.

INTELLECTUAL PROPERTY RIGHTS

The Services, the software and code comprising the Services, and all data, text, designs, graphics, trade dress, characters, pages, print screens, images, artwork, photographs, audio and video clips, and other content appearing in or on our Services, including User Content (collectively, the “Content”) are owned by us or our licensors. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. All intellectual property rights associated with our Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using our Services. Any rights not expressly granted herein are reserved. Except as set forth in these Terms, the use of any Content available on our Services is strictly prohibited.

COPYRIGHT INFRINGEMENT NOTICES – DMCA

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). Please see our DMCA policy here if you would like to learn more about our practices in this regard or would like to notify us of any Content on our Services that you believe is infringing upon any copyright which you own or control.

PRIVACY

We have adopted a Privacy Policy that explains how we collect, use, store and process information when you access and use our Services. To learn about our privacy practices, please refer to our Privacy Policy.

SUPPLEMENTAL TERMS OF SALE

We facilitate sales by those who provide events and content (the “Event Organizer”). We do not facilitate sales by individuals.

If you are using the Services to buy tickets and passes for events and electronic access to content, the term “Buyer” refers to you. If you are using the Services to sell tickets or passes and/or host and deliver content, the term “Event Organizer” refers to you. Some terms may not apply to you, depending on whether you are a Buyer or an Event Organizer. Terms that are relevant to you will be highlighted by the appropriate heading.

Pricing and Availability

We facilitate the sales of tickets, passes, and content by Event Organizers, which means we do not own the tickets, passes, or content; do not set prices for the tickets, passes, or content; and do not control any electronic services used to deliver access or content. Pricing tickets, passes and content is the sole responsibility of, and at the sole discretion of, the Event Organizer. Tickets, passes or content purchased on our Services may be subject to transaction fees and applicable taxes.

We do not have control over and do not guarantee the existence, quality, safety or legality of the events, access to the events or content or the truth or accuracy of descriptions of the events. We do not guarantee that an event will actually occur or that content will be delivered.

Buyers: You are responsible for reading the complete listing before making a commitment to buy tickets, passes or content. When placing an order, you are entering into a binding contract with the Event Organizer to purchase tickets or content. We are not responsible for cancellation, postponement or changes to events or failure to deliver content. You must direct any requests for refunds to the event organizer. Event Organizers may provide refunds in their sole discretion.

Event Organizers: You are solely responsible for pricing tickets, passes and content, and you represent and warrant to us that pricing will be done in accordance with all applicable laws. By listing a ticket, pass or content for sale, you are making a binding offer to sell that ticket, pass or content to a Buyer who purchases the ticket or pass for the price you have specified. When a Buyer accepts your offer by purchasing your ticket, pass or content through our Services, you are contractually bound to deliver that exact ticket, pass or content for the specified price, within the required delivery timeframe and in the advertised format. You are obligated to monitor your inventory and ensure all listings are accurate. You may not, under any circumstances, cancel orders at one price and repost the same tickets or passes for a higher price. You are solely responsible for any claims referring or relating to the existence, quality, safety or legality of events or content, the truth or accuracy of descriptions of events or content and cancellation, postponement or changes to events or unavailability of content.

Payments and Refunds

Buyers: You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You must be authorized to use the payment method that you enter when you place an order or create an account. We may use a third-party payment processor (such as Stripe) to process your payment information, including your payment card data. Be aware that you may be subject to the third-party payment processor’s terms and your information may be subject to their privacy practices.

You cannot change or cancel any order after the sale is complete. All Sales are Final. Except for cancelled events, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the sale is complete. You cannot change or cancel any order after the sale is complete. Except for cancelled events, you will not receive a refund for completed purchases.

Event Organizers: Please review our Financials & Payment information, which (in addition to these Terms), will govern your transactions made through the Services.

Taxes

Event Organizers: You are solely responsible for the payment and collection of any applicable taxes resulting from ticket, pass or content sales or your use of the Services. If you choose to add taxes, or we are legally required to collect taxes, you agree to provide us with your Social Security Number or other tax identification number, as applicable, if necessary for us to provide information to the Internal Revenue Service ("IRS") or other tax authorities related to payments initiated through our Services and further authorize us to release that information to the IRS or other tax authority. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY THAT ARISES OR MAY ARISE FROM YOUR PAYMENT OF OR FAILURE TO PAY ANY TAX LIABILITY INCURRED THROUGH OUR SERVICES.

DOWNLOADS

Our Services may allow you to download certain Content, applications, software, and other information or materials. We make no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with us or a third party, for example an agreement with a mobile application store.

MOBILE APPLICATION

Some of our Services may be mobile or other applications that you can download to your phone, tablet, or other device (“Mobile App”) via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD-PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD PARTY SERVICE.

When you use our Mobile App, you are subject to additional terms from the App Store Provider and/or App Developer. These Terms may give us and the App Store Provider, additional rights while posing additional obligations or restrictions on you. Please review such terms, you are solely responsible for reviewing and understanding those terms and ensuring you have the latest version.

If you downloaded the Mobile App from the Apple “App Store,” you are subject to Apple’s Licensed Application End User License Agreement, available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. If you downloaded the Mobile App from the “Google Play” store, you are subject to the Google Play Terms of Service available at: https://play.google.com/about/play-terms/index.html. If you used a different third party service, check with the applicable App Store Provider to determine what additional terms may apply.

You acknowledge that these Terms and your use of a Mobile App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the Mobile App and its Content. If anything in these Terms conflicts with any usage rules for the Mobile App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with these Terms, and then exclusively for your use of the Mobile App). All rights you have to use the Mobile App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the Mobile App may be accessed and used by other accounts associated with you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in these Terms or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. To the maximum extent permitted by applicable law, No app store provider will have any other warranty obligation whatsoever with respect to the mobile app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is our responsibility.

We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (iv) claims that the Mobile App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  You acknowledge and agree that the App Store Provider, and its subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

THIRD-PARTY LINKS

We may provide on our Services, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by third parties. If you click these links, you will leave our website or applicable portion of our Services. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols.

IMPORTANT LEGAL TERMS

Suspension and Termination Of Use

Our Services and these Terms are in effect until terminated by you or us. We may terminate these Terms by notifying you using any contact information we have about you or by posting such termination on our Services, including in your account. You may stop using the Services at any time and may terminate these Terms at any time by providing written notice of termination, including your detailed contact information, to us using the information in the Contact Us section below.

We reserve the right to suspend or terminate your access to the Services or any part thereof, at any time, in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of our Services for: (i) the actual or suspected violation of these Terms; (ii) the use of our Services in a manner that may cause us to have legal liability or disrupt others' use of our Services; (iii) scheduled downtime and recurring downtime; or (iv) unplanned technical problems and outages. In addition to any right or remedy that may be available to us under applicable law, we may also suspend, limit, or terminate all or a portion of your access to our Services or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.

The provisions of these Terms concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination, (i) you must destroy all Content obtained from our Services and all copies thereof; (ii) you will immediately cease all use of and access to our Services; (iii) we may delete or disable access to any of your Content, including User Content, at any time, and (iv) and we may delete your account at any time. Termination of these Terms may end your ability to participate in any purchased User Content and/or benefits you have accrued thereunder. You agree that if your use of our Services is terminated pursuant to these Terms, you will not attempt to use our Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of our Services after termination will be a violation of this Section, which survives any termination. 

Even after the termination of these Terms, your account or access to our Services, any Content or other content you have posted or submitted may remain on our Services indefinitely.

Children

Our Services are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under 13. If you are not old enough to access our Services or certain sections or features of our Services, you should not attempt to do so.

Disclaimer of Warranties

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED "AS IS" AND "AS AVAILABLE". ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE ARE NOT RESPONSIBLE FOR ANY CONTENT THAT YOU STREAM OR DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICES OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO CONTENT MADE AVAILABLE THROUGH OUR SERVICES.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND WE DISCLAIMS ANY LIABILITY RELATING THERETO. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

IN NO EVENT SHALL WE OR OUR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY GENERAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY LOSS OF OPPORTUNITY, BUSINESS, PROFIT, REVENUE OR ROYALTIES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, INFRINGEMENT OR OTHER THEORY OF LIABILITY, EVEN IF WE OR OUR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

OUR CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICES WILL NOT EXCEED THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with our Services; or (iii) the Content or other information you provide to us through our Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) Disclaimer of Warranty; (b) Limitation of Liability and (c) Disputes, the Arbitration and Class Action Waiver and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of these Terms are found to violate an established legal right.

Consent to Electronic Communications

From time to time, we may send you communications to the email address associated with your account. These communications may include, but are not limited to, notices about the Services and other account-related or transactional messages, information the law requires us to provide, and promotional information and materials regarding our products and services. Mandatory or required notices emailed to you will be deemed given and received when the email is sent.

By accepting these Terms and using the Services, you expressly consent to the receipt of all such communications from or on behalf of Eventive. You may modify your communication preferences at any time within the Settings section of our website or applications. You may not opt-out of receiving account-related or transactional communications or other required notices.

Text Message Marketing

By participating in a text message campaign you are agreeing to the Disputes, Arbitration, and Class Action Waiver Section as well as the rest of the terms herein, including the Limitation of Liability.

Waiver and Severability

Our failure to enforce any term or condition set out in these Terms shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

Assignment

We may assign these Terms or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign these Terms in whole or in part, for any reason. These Terms will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.

Entire Agreement

These Terms constitute the entire and exclusive agreement between you and us with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services, except as otherwise explicitly set forth herein. These Terms create no third-party beneficiary rights.

DISPUTES, ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. FOR INTERNATIONAL CUSTOMERS, THIS SECTION MAY NOT APPLY TO YOU, PLEASE SEE THE INTERNATIONAL USERS SECTION BELOW FOR MORE INFORMATION.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS.

Any dispute, claim or controversy arising out of or relating to these Terms, other agreements on the Site, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be either determined by binding arbitration in Memphis, Tennessee, before one arbitrator or submitted to small claims court in Memphis, Tennessee. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to these Terms shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures (“Rules”) as those Rules exist on the effective date of these Terms, including Rules 16.1 and 16.2 of those Rules. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and/or this arbitration agreement, including, but not limited to, any claim that all or any part of these Terms is void or voidable.  The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. You or us may also contact each other through the selected arbitrator for the exchange of necessary information prior to arbitration. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and may be entered as a judgment in any court of competent jurisdiction.

Claims must be filed within one year. You must bring any claim related to these Terms or our Services within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn't filed in time, the claim is permanently barred.

No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: Eventive LLC, 438 Tennessee Street, Memphis, TN 38103. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Governing Law and Rules: These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Tennessee, USA, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.

INTERNATIONAL USERS

The products referred to on our Services may only be available in the territory to which that product or portion of our Services is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON PORTION OF OUR SERVICES, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT PORTION OF OUR SERVICES, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH IT IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES, OR ANY PART THEREOF, IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. Those who choose to access our Services or otherwise participate our services do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.

Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to these Terms heard by your local courts. These Terms do not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THESE TERMS, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THESE TERMS AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit our Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms, as well as all other documents related to it, including notices and correspondence, will be in the English language only.

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:

Australia

Where any Act of Parliament implies any condition or warranty in relation to your use of our Services and that Act prohibits exclusion of that term, then that term is included. To the maximum extent permitted by law, our liability for any breach of such a non-excludable term is limited to the supplying of the products or services again.

Canada

L'acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.

Dispute Resolution: The arbitration requirements of these Terms will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence. 

Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.

Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding our Services, please send an e-mail to privacy@eventive.org or phone at +1 901.347.0576. You may also contact us by writing to Eventive LLC, 438 Tennessee Street, Memphis, TN 38103.

European Union

Children: You may not use our Services if you are under the age of 16.

Exceptions to Liability Limitations: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO IF NOT PERMITTED BY LAW.

United Kingdom

Children: You may not use our Services if you are under the age of 16.

Exceptions to Liability Limitations: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THESE TERMS WILL NOT APPLY TO IF NOT PERMITTED BY LAW. 

CONTACTING US

If you have questions about these Terms, or if you have technical questions about the operation of our Services, please contact us by sending an e-mail to team@eventive.org or by writing us at Eventive LLC, 438 Tennessee Street, Memphis, TN 38103. If you have any questions or comments about our Company or our products or have other customer service needs, please click here for information on contacting our consumer service representatives.

Additionally, under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.