Subject to the terms and conditions specified herein, including those set forth in Section 5, Company offers software, resources and tools through the Site for collection, processing and storage of information for the purpose of organizing, coordinating and making communications regarding events (“Events”). The Company also provides a mobile application (“Application”) for participants in Events (“Participants”) to obtain information regarding such Events and to communicate with users of the web application (“Organizers”) and other Participants. The Application and Site are collectively referred to as the “Services.”
Organizer’s access to the Services is password protected and is restricted to users who register through the Site and subscribe to the Services. Only registered users are able to access the Site and to input and process information regarding Events.
You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Services. You will not use the Services, including the information displayed in the Services, to promote the use of illegal substances, nudity, sex, pornography, or to transmit any communications that contain expletives or inappropriate, offensive, defamatory or abusive language. You will also not use the Services, including the information displayed in the Services, to infringe the intellectual property rights of others or to contact any individuals (including Participants and Organizers) regarding anything other than Events, including offering to market or sell goods or services or sending communications that violate CAN-SPAM laws.
You acknowledge that you and your Authorized Users are 18 years of age or older. If you are under 18, do not send any information to us or create an account.7. Payment Terms
When you sign up for the Site and the Services by clicking the agreement at the end of this form you may choose either the free plan (“Free Plan”) or one of the paid pro plan subscriptions (“Pro Plan”). If you choose the Free Plan you will be limited to the number of records that you may input regarding Events and be subject to other restrictions, including the number of Events and Authorized Users. You may change from the Free Plan to the Pro Plan by accessing your account information in the “My Account” tab of the Site and following the instructions provided, including agreeing to the payment terms.
If you agree to a Pro Plan, you will be charged the agreed upon amount on the same day each month of your subscription (“Billing Date”) until your account is canceled, terminated or converted to a Free Plan. You may convert your account to a Free Plan by disabling the Auto-renew setting in your Billing Profile before your next occurring Billing Date. No full or partial refunds will be provided for any account conversion from a Pro Plan to a Free Plan in the middle of billing cycle.. You may cancel your Pro Plan account at any time by contacting us at email@example.com. If you cancel your Pro Plan account, your account will convert to a Free Plan on the next occurring Billing Date. No refunds will be provided for any cancellation, termination or conversion of a Pro Plan account in the middle of a billing cycle.
In we are unable to charge you for any monthly charges on the Billing Date, we will notify you through the e-mail address that you provided when you signed up for the Services. In order to continue your Pro Plan account, you must supply a valid form of payment in the “My Account” tab of the Site. If we are unable to charge your monthly charge for the Pro Plan for more than ten (10) days after notification, your Pro Plan account (including the auto-renewal feature) will be canceled and your account will be transferred to a Free Plan. After cancellation or termination, you and your Authorized Users will not be able to use any Pro Plan features, unless you change your account back to a Pro Plan. If your Pro Plan account is terminated or cancelled, you are solely responsible for exporting information stored to your computer or another account. After sixty (60) days following cancellation or termination of your account, we are no longer obligated to store any information that you input or stored for your account.8. Links
You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Company will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Site.
Company provides the site and the services on an "as is" and "as available" basis without any warranty or condition, express or implied. to the full extent permissible under applicable law, company specifically disclaims all implied warranties including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Company makes no representation or warranty that (i) the Site or the Services will meet your expectations or requirements, (ii) the Site or the Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Services will be accurate, timely, complete or reliable and (iv) any errors in any software used on the Site or in connection with the Services will be corrected. Operation of the Site may be interfered with by numerous factors outside of Company's control including, but not limited to, telecommunications network disruptions or cloud-based service providers . Company is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services.
While we have endeavored to create a secure and reliable Site, the Company is not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. The Company and its affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond its reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.10. Limitation of Liability
In no event shall company, its affiliates or its licensors, together with their respective employees, agents, directors, officers and shareholders, be liable with respect to any subject matter of this agreement (however arising, including negligence) for (i) any lost or corrupted data, lost profits or any special, incidental, indirect or consequential damages, even if company has been advised of the possibility of such damages or (ii) the cost of procuring substitute goods, services or technology. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
To the full extent permissible under applicable law, company's aggregate liability to you or any third party in any circumstance is limited to the greater of (a) the aggregate of the fees paid by you or your company for the services during the twelve (12) month period immediately preceding the date that any claim arises or (b) $100.11. Indemnity
This Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.14. Assignment
Attn: David Wood
2500 Broadway, Suite F-125
Santa Monica, CA 90404
Phone: +1 (833) 383-6863