EVENTNOW TERMS & CONDITIONS FOR CONSUMERS

THIS BUYER TERMS & CONDITIONS (THE “AGREEMENT”) DESCRIBE THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE SERVICES OF EVENT NOW, INC. (“EVENTNOW” OR “EVENTNOW.COM” OR “THE SITE”), AVAILABLE AT EVENTNOW.COM. BY USING EVENTNOW.COM, YOU SIGNIFY YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, PLEASE DO NOT USE EVENTNOW.COM. EVENTNOW RESERVES THE RIGHT TO AMEND THE AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. ALL MODIFIED TERMS AND CONDITIONS SHALL TAKE EFFECT IMMEDIATELY AFTER POSTING TO EVENTNOW.COM. EVENTNOW ENCOURAGES YOU TO REVIEW EVENTNOW.COM PERIODICALLY BECAUSE ANY CHANGES WILL BE BINDING ON YOU. THE AGREEMENT MAY NOT BE MODIFIED, AMENDED, AND/OR CHANGED BY YOU IN ANY MANNER; HOWEVER, YOU MAY CHOOSE TO CANCEL YOUR MEMBERSHIP AT YOUR CHOOSING. THE AGREEMENT IS EFFECTIVE ON JANUARY 16, 2010 FOR ALL USERS.

1. EVENTNOW IS A NEUTRAL VENUE. EventNow EventNow displays business listing information from businesses (“Vendor”) and matches requests (leads) from potential customers (“Buyer”) with Vendors listed in the EventNow Vendor directory and which may be able to meet the needs of the Buyer. EventNow is not involved in the actual transaction between Buyer and Vendor. EventNow is merely a neutral venue where Buyer and Vendor may connect for a particular type of good or service. Consequently, EventNow cannot ensure a transaction between any Buyer and Vendor will occur between the two parties. Further, if a transaction does occur, EventNow has no control over the quality, safety or legality of the item or services sold or rendered.

2. BUYER: Buyer acknowledges EventNow does not provide any of the products or services advertised or offered by the Vendor. EventNow does not endorse any Vendor and does not guarantee the quality of the Vendor goods or services. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through EventNow.com are not provided by EventNow and are specifically and solely between Buyer and Vendor. Any transaction Buyer enters into with Vendor is strictly between Buyer and Vendor, and EventNow is not a party to that transaction. Any dispute Buyer may have with Vendor is between Buyer and Vendor, and EventNow will not be a party to that dispute, except regarding Buyer use of EventNow.com, as discussed in the Agreement. EventNow utilizes techniques to help verify the identity of Vendor when it registers for EventNow.com; however, EventNow cannot and will not guarantee each Vendor identity and cannot guarantee the Vendor capabilities. EventNow has implemented a user-managed feedback system to help Buyer evaluate Vendor with whom Buyer considers transacting business. EventNow cannot guarantee the information provided by or about Vendor on EventNow.com is truthful and accurate.

3. BUYER MEMBERSHIP. Membership to EventNow is available to Buyer presuming it is an entity or individual at least 18 years of age who can form legally binding contracts under applicable law. EventNow.com is not available to minors or temporarily or indefinitely suspended EventNow Buyer. Buyer may not transfer or sell Buyer’s membership in EventNow.com to another party. Buyer registering as a business entity must represent it has the authority to bind the entity to the Agreement. Buyer registering as an individual must represent and warrant they are at least 18 years of age and are able to enter into a legally binding contract. By joining EventNow, Buyer agrees to (i) provide EventNow with accurate, complete information about Buyer and to update this information as needed; (ii) abide by the Agreement and Privacy Policy; (iii) safeguard its username and password; and (iv) be responsible for all Buyer activity.

4. PROHIBITED ACTIVITIES. Buyer on EventNow.com may not:

  • create an account in another’s name;
  • create more than one account;
  • use another’s account;
  • impersonate another person or entity;
  • use EventNow.com to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so;
  • offer to provide products or services that violate any applicable law, statute, ordinance or regulation (collectively “Laws”), or offer any products or services in a manner that violates any Laws;
  • collect or harvest information about EventNow.com Buyer and/or Vendor, including but not limited to use of robots, spiders, or similar means;
  • use information on EventNow.com to send unsolicited emails to Buyer and/or Vendor;
  • interfere with or places an undue burden on EventNow.com, as determined by EventNow in its sole discretion);
  • use EventNow.com if Buyer has been temporarily or permanently suspended or revoked from EventNow.com; and
  • violate any terms of the Agreement

5. ADDITIONAL TERMS & CONDITIONS. Buyer acknowledges and agrees EventNow has the sole discretion to set forth and post additional terms and conditions for use on EventNow.com. Buyer agrees those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, Buyer expressly agrees if there is any conflict between those additional terms and conditions and the Agreement, the Agreement shall govern.

6. FEES. There are currently no fees for Buyer to join EventNow.com. However, EventNow reserves the right to release future fee-based functionality/services, which may include services provided by third parties.

7. PROTECTION OF INTELLECTUAL PROPERTY CONTENT. EventNow.com contains or uses copyrighted material, inventions, know how, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, “Intellectual Property Content”), all of which, unless otherwise indicated and/or provided pursuant to a third party license, are the sole property of EventNow, and EventNow retains all appurtenant rights, interests and title thereto. EventNow also claims ownership rights under the copyright and trademark laws with regard to the “look”, “feel”, “appearance” and “graphic function” of EventNow.com, including but not limited to its color combinations, sounds, layouts and designs. EventNow agrees and acknowledges its use of EventNow.com does not confer upon Buyer any license or permission to use our (or any third party’s) Intellectual Property Content. Buyer shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, including but not limited to Submitted Information (as defined below) contributed by Buyer or any other Buyer, or use our Intellectual Property Content in any other way for public or commercial purposes. All other trademarks, service marks and copyrights are held by their rightful owners. Buyer may not frame or link to EventNow.com without our prior written permission. EventNow.com contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by EventNow, including but not limited to EventNow and the EventNow logo. Unless otherwise agreed to in writing, Buyer agrees that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by Buyer pursuant to the execution, performance or non-performance of the Agreement or any part thereof. Buyer shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and Buyer shall not encourage or assist others directly or indirectly to do so, during the lifetime of the Agreement and thereafter. Buyer shall not utilize the Marks or any similar marks in any manner that would diminish their value or harm their reputation. Buyer shall not use or register any domain name, trademark or service mark that is identical to or similar to any of the Marks.

8. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”). It is the policy of EventNow to promptly respond to claims of copyright infringement. If one believes that an infringing copyrighted work is accessible on EventNow.com, please notify the EventNow registered copyright agent by sending the following information to the address listed below:

  • the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
  • a statement this person is authorized to act on behalf of the copyright owner;
  • a statement this person has a good faith belief the use of the material in the alleged manner is not authorized either by the copyright owner, by the owner’s agent, or by law;
  • a description of the copyrighted work allegedly infringed, and a description of where the allegedly infringing material is located on EventNow.com; and
  • the contact address, telephone number, and e-mail address of the complainant.
  • Please put “Notice of Infringement” in the subject line of all such notifications, and send the notification to: support@EventNow.com

EventNow will process and investigate all notices of alleged infringement as required by the DMCA, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. In the event EventNow removes or disables access to any material claimed to be infringing, EventNow may attempt to contact the user who has posted such material to give said user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, EventNow will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any material.

9. DISPUTES AMONG BUYER/VENDOR; RELEASE. Buyer is solely responsible for Buyer interactions with Vendor and EventNow is not a party to any such disputes. EventNow reserves the right, but has no obligation, to monitor disputes between Buyer and/or Buyer and/or Vendor. Buyer agrees to release EventNow, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any other EventNow Members. If Buyer is a California resident, Buyer waives California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

10. INFORMATION BUYER SUBMITS. EventNow offers Buyer the opportunity to share information with another Buyer and/or Vendor. By using these functions, Buyer agrees to abide by the Agreement. EventNow reserves the right to monitor posts made by Buyer. Buyer is solely responsible for the content posted by Buyer on EventNow.com. EventNow acts as a passive conduit for any and all communication and/or distribution of information, and it does not control information posted by Buyer. EventNow cannot and will not evaluate and is not responsible for the accuracy, reliability, completeness, veracity or suitability of any content posted by Buyer or for verifying the identity of Buyer. EventNow is not responsible for any losses Buyer may incur as a result of relying on information posted on EventNow.com. By posting information on EventNow.com, Buyer automatically grants, represents and warrants it has the right to grant to EventNow an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content posted on EventNow.com for any purpose and in any format on or in connection with EventNow.com, the EventNow business, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content posted on EventNow.com, and to grant and authorize sublicenses of the foregoing. Buyer may remove said content from EventNow.com at any time; however Buyer acknowledges EventNow may retain archived copies of content posted on EventNow.com and may continue to use said content in connection with any materials that were created prior to Buyer removing said content, in accordance with the license described above. Furthermore, by posting said content, Buyer expressly represents and warrants: (i) Buyer is the owner, with all appurtenant rights thereto, of any and all communication, content and/or information Buyer posted on EventNow.com; or (ii) Buyer is the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. Buyer agrees content posted on EventNow.com does not:

contain Buyer’s personal information;

contain another person’s personal information or otherwise invade another’s privacy violate or possibly cause EventNow to violate any applicable law, statute, ordinance or regulation;

  • violate the terms of the Agreement;
  • infringe any third party’s intellectual property rights, including, but not limited to copyright, patent or trademark rights;
  • contain obscene, lewd, or suggestive content and or pornography;
  • libel, threaten, harass, or defame. This specifically includes making legal claims of any sort about EventNow employees, agents, other members, or EventNow.com;
  • contain the proprietary information of another person or entity;
  • contain any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of EventNow.com or its systems and or create or impose a large burden or load on EventNow.com and/or its systems;
  • scan or test the vulnerability or security of EventNow.com and/or its system within which it operates;
  • use EventNow for commercial or public purposes outside of the requirements of the Agreement;
  • create liability for EventNow in any manner whatsoever;
  • involve the upload, or insertion of, any programming language or code into or onto, EventNow.com;
  • impersonate another Buyer or attempt to disguise or conceal the author of any content posted by Buyer on EventNow.com.

EventNow reserves the absolute right, but does not have the obligation, to remove or restrict any content posted on EventNow.com. EventNow reserves the right to terminate Buyer who violates the Agreement.

Buyer agrees to use common sense and good judgment when conducting or posting any online communication or distributing information. Buyer assumes legal responsibility for and will indemnify EventNow, its partners, principals, shareholders, employees and agents (collectively referred to as “Partners”) from, all damages incurred as a result of any of content posted by Buyer on EventNow.com.

11. RATING & REVIEW DISPUTES. If Buyer undermines the integrity of the EventNow Rating and Review system in any way, Buyer membership may be suspended or terminated. Buyer acknowledges EventNow Rating and Review consists of comments left by another Buyer. Buyer may only leave one feedback, whether positive, neutral, or negative, for any other Vendor, regardless of the number of transactions Buyer completes with said Vendor. Buyer may not attempt to gain additional goods or services or a more favorable rate by offering Vendor a positive review or threatening a negative review. To protect the integrity of the Rating and Review system and protect Vendor from abuse, EventNow will consider removing a Rating and Review under the following scenarios which include but are not limited to:

  • feedback or information posted by Buyer who has never contracted business with Vendor;
  • Buyer who left feedback provided EventNow with false contact information during the transaction period (as determined by EventNow) and cannot be contacted by EventNow;
  • feedback or information posted seeks to elicit or solicit contact information, such as email addresses, for any non-EventNow related commercial or business purposes, or to transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
  • feedback or information posted contains language that is profane, vulgar, racist or contains adult material;
  • feedback or information posted is shown to have been left by Buyer who violates the Agreement, or by Buyer who has conducted any fraudulent transaction;
  • feedback or information posted makes any reference to actions taken or purported to be taken by EventNow or any law enforcement organization;
  • if EventNow is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal;
  • Buyer who left feedback is participating in a EventNow transaction with the intent of leaving feedback as part of a campaign to harass EventNow Buyer and/or Vendor member(s) (as determined by EventNow)
  • Buyer slanders and/or defames and/or libels EventNow and/or its Partners

12. FILING A RATINGS AND REVIEW DISPUTE. Members can contact support@EventNow.com to file a dispute request. In addition, Vendor in receipt of a Rating and Review will have the opportunity to respond to the rating publicly within EventNow.com.

13. FRAUD. EventNow may suspend or terminate Buyer account if EventNow suspects Buyer has engaged in fraudulent activity in connection with EventNow.com, as determined in its sole discretion. Fraudulent acts include, but are not limited to, the manipulation of the Rating and Review System.

14. TOOLS; CHANGES TO EVENTNOW.COM. EventNow.com offers several tools to help make Buyer event planning easier (collectively referred to as “Tools”), some of which are provided by third parties. EventNow is not responsible for the availability, suitability or effectiveness of any of these Tools, whether provided by a third party or not. In addition, EventNow is not responsible for any data Buyer may lose as a result of a malfunction of the Tools or EventNow.com or for any other reason or any consequential damages resulting from such data loss. Buyer should always keep a back-up copy of all such information on Buyer computer and in hard copy. EventNow reserves to right to modify or discontinue any Tools or other services provided on EventNow.com at any time without warning.

15. PRIVACY. Please see the EventNow Privacy Policy to learn about how EventNow treats information EventNow gathers from Buyer. Please be aware that Buyer and/or Vendor is not bound by said Privacy Policy except as specified therein. Therefore, Buyer should carefully safeguard Buyer personal information and check with Vendors to see how they treat information gathered from Buyer.

16. NO AGENCY. Buyer hereby agrees and acknowledges Buyer’s use of EventNow.com does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall Buyer have authority to bind, commit, contract for, or otherwise obligate EventNow in any manner whatsoever.

17. RIGHT TO REJECT OR REMOVE BUYER. EventNow reserves the absolute right to reject Buyer participation, or remove Buyer from Buyer current participation, in EventNow.com at any time and for any reason or for no reason and without notice to Buyer. Actions that may result in the rejection or removal of Buyer participation can include, but are not limited to: any violation of the Agreement; Buyer creation, maintenance and/or management of more than one account; any attempt by Buyer to improperly influence, or cause another to improperly influence the feedback of Buyer and/or Vendor; or any attempt by Buyer to harass, or cause another to harass, or have inappropriate communications with Buyer and/or Vendor.

18. PETITION FOR REINSTATEMENT. Upon Buyer removal from EventNow.com, Buyer may petition for reinstatement. Buyer petition for reinstatement must include: (i) a written statement as to why Buyer should be reinstated and (ii) Buyer contact information. Buyer Petition will be reviewed at EventNow discretion and any determination as to Buyer reinstatement will be based on EventNow sole judgment. Buyer submission of a petition does not, in any manner, guarantee, that Buyer will be reinstated and EventNow specifically disclaims any and all representations with respect to such guarantee. EventNow will contact Buyer as to its decision to reinstate Buyer. EventNow is not obligated to give Buyer any reason or basis as to its decision. Buyer understands any decision as to reinstatement may be a simple, yes or no. All decisions are final.

19. RECORD KEEPING/AUDIT. EventNow reserves the right to keep all records of any and all communications between Buyer and Vendor for administration purposes.

20. SUBMISSIONS. EventNow always want to receive messages and feedback from Buyer and welcomes any comments regarding EventNow.com. However, please be aware that any ideas, suggestions comments or proposals sent to EventNow (collectively, “Submissions”) are non-confidential, shall become the sole property of EventNow, and Buyer hereby assigns all right, title and interest in such Submissions. To the extent Submissions cannot be assigned to EventNow, Buyer hereby grants and agrees to grant to EventNow all rights needed for EventNow to incorporate and commercialize the Submissions at no charge or encumbrance to EventNow and Buyer agrees EventNow may disclose the Submissions to any third party in any manner and Buyer agrees EventNow has the ability to sublicense all Submissions in any form to any third party without restriction. EventNow shall own all rights therein, including all intellectual property rights. EventNow shall be entitled to use and/or disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to Buyer.

21. NO WARRANTY. EVENTNOW, ITS EMPLOYEES, AND ITS PARTNERS PROVIDE EVENTNOW.COM “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, EVENTNOW SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVENTNOW FURTHER DOES NOT WARRANT EVENTNOW.COM OR ANY INFORMATION, SERVICES OR TOOLS OFFERED ON EVENTNOW.COM WILL MEET BUYER REQUIREMENTS, WILL BE ACCURATE, COMPLETE OR CURRENT, OR WILL GIVE ACCURATE, COMPLETE OR CURRENT RESULTS; THAT OPERATION OF EVENTNOW.COM, INCLUDING TOOLS OR OTHER SERVICES OFFERED ON EVENTNOW.COM, WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS ON EVENTNOW.COM WILL BE CORRECTED. EVENTNOW DOES NOT REPRESENT OR WARRANT THAT DATA BUYER STORES ON THE EVENTNOW.COM (FOR EXAMPLE, IN CONNECTION WITH TOOLS) WILL BE SECURE, AVAILABLE OR PRESERVED. EVENTNOW DOES NOT REPRESENT OR WARRANT THAT ALL TOOLS OR OTHER SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED.

22. LIMITED LIABILITY. IN NO EVENT SHALL EVENTNOW AND ITS PARTNERS SHALL BE LIABLE TO BUYER OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE EVENTNOW.COM OR FOR ANY DECISION MADE OR ACTION TAKEN BY BUYER IN RELIANCE ON INFORMATION CONTAINED ON EVENTNOW.COM, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. EVENTNOW LIABILITY AND THAT OF ITS PARTNERS TO BUYER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES BUYER PAYS TO EVENTNOW IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

23. INDEMNITY. Buyer agrees to indemnify and hold EventNow and its Partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any manner in whole or in part out of Buyer use of EventNow.com, including, but not limited to: (i) Buyer failing to pay for goods or services promoted on EventNow.com; and (ii) claims that any content posted by Buyer on EventNow.com includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party.

24. LINKS TO OTHER SITES EventNow.com may contain links to other sites which are provided solely as a convenience to Buyer, or which are provided by Vendor and/or Buyer. EventNow is not responsible for the availability of external sites or resources linked to EventNow.com, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between Buyer and such third-party sites are strictly between Buyer and the third party and are not the responsibility of EventNow. Because EventNow is not responsible for the availability or accuracy of these outside resources or their contents, Buyer should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from EventNow.

25. GOVERNING LAW; VENUE & JURISDICTION. By visiting or using EventNow.com, Buyer agrees the laws of the State of New York, without regard to principles of conflict of laws of any state or jurisdiction, will govern the Agreement and any dispute of any sort that might arise between you and EventNow or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), Buyer agrees not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and Buyer hereby consents to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

26. ARBITRATION. Disputes between Buyer and EventNow regarding EventNow.com should be reported to support@EventNow.com. EventNow will attempt to resolve any disputes Buyer has with EventNow. Because EventNow is a neutral venue EventNow is not responsible for resolving any disputes between Buyer and/or Vendor regarding services or transactions. Any claim or controversy arising out of or relating to Buyer use of EventNow.com, to the goods or services provided through EventNow, the Agreement, or to any acts or omissions for which Buyer may contend EventNow is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be conducted in New York City. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, Buyer shall select an arbitrator from a panel of arbitrators acceptable to EventNow. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in New York, New York. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under the Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN BUYER AND EVENTNOW WILL BE RESOLVED BY BINDING ARBITRATION. BUYER THUS GIVE UP BUYER RIGHT TO GO TO COURT TO ASSERT OR DEFEND BUYER RIGHTS. BUYER ALSO GIVES UP BUYER RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BUYER RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. Buyer is entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using EventNow.com you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between Buyer and EventNow, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in New York, New York. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

27. SECURITY. EventNow uses industry standard practices to safeguard Buyer personal information. EventNow utilizes several different security techniques to protect data from unauthorized access, but EventNow cannot guarantee with 100 percent certainty the security of EventNow. EventNow also does not guarantee uninterrupted or secure access to its system, as the operation of EventNow.com can be interrupted by numerous factors outside of EventNow’s control.

28. GENERAL. The Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity of the Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by EventNow to enforce at any time any of the provisions of the Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of arbitration or litigation involving the enforcement or interpretation of the Agreement. The section headings used herein are for convenience only and shall not be given any legal import.

 

TERMS OF SERVICE FOR 11TH HOUR EVENTS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

ACCEPTANCE OF TERMS OF USE

The EventNow 11TH Hour Events service is provided by EventNow, Inc. and/or its affiliates and subsidiaries (“EventNow,” “we,” us,” “our”) for your and others’ personal, non-commercial enjoyment, subject to the terms and conditions of use set forth here and all modifications thereto (the “Terms”), and the rules that may be published from time to time by EventNow. By using the Site, you are explicitly agreeing to these Terms and Conditions, our Privacy Statement and Refund Policy. The term “Site” includes the website located at EventNow.com and any other online properties owned or operated by us.

We may change the Terms from time to time and at any time without actual notice. All such changes to the Terms will appear on our Site. By using this Site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY EVENTNOW SERVICE OFFERED THROUGH THE SITE.

Permitted Uses

The Site provides an interactive online service operated by EventNow, consisting primarily of promotion and marketing services on behalf of certain merchants (“Merchants”) making vouchers for Merchant goods and services (“vouchers”) available to its users. Vouchers may be purchased by EventNow account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of this Site, you agree that:

  • You are an individual person at least 18 years of age;
  • You possess the authority to create a binding legal obligation;
  • Your use of this Site will at all times comply with the terms of this Agreement;

If you elect to create an account:

  • You may create only one account for your personal use;
  • You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
  • You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
  • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
  • You represent that you have the right to provide any and all information you submit to the Site, that the information is only about yourself, and that all such information is accurate, true, current and complete.

Description of Services

EventNow, via the Site, provides users with access to recommendations for activities and experiences (“Services”). The Services also include opportunities to purchase prepaid reservations, services, or products from third-party merchants (“Offers”).

Terms of Sale

By placing an order for an Offer, you make an offer to purchase the Offer you have selected on the terms, conditions and restrictions stated below and associated with the Offer. After placing your order, you will receive a voucher that is redeemable for goods or services by the participating third-party merchant (“Merchant”).

The Merchant, not EventNow, is the seller of the goods and services and is solely responsible for redeeming vouchers. The vouchers purchased and printed from the Site (“Vouchers”) are promotional vouchers that may be offered to customers below their face value and shall be subject to the terms and conditions of EventNow and the participating Merchant. As the issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Voucher.

Each Offer is subject to specific terms, conditions, and restrictions that will be displayed at the time of purchase. Unless otherwise stated in the Voucher or required by law, the following additional terms apply to all Vouchers:

No cash value for any Voucher.

To the extent required by applicable law, after the Voucher ‘s expiration date, the Merchant shall be responsible for allowing you to redeem a Voucher you have purchased for the goods and services of the Merchant in the amount of the cash paid by you until that cash amount is redeemed in full. If you redeem a Voucher for less than its face value, the Merchant shall not be responsible for issuing a credit or cash equal to the difference between the face value and the amount redeemed, unless otherwise required by law.

Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant (which may be limited by applicable state or provincial law), unless otherwise noted on the Voucher.

Vouchers cannot be combined with any other coupons or promotions unless otherwise noted in the Voucher.

Vouchers cannot be used for taxes, tips, prior balances, shipping or handling, as applicable.

Unless otherwise stated at the time of purchase, the Voucher price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time when you redeem the Voucher.

Duplication, sale or trade of a Voucher is prohibited, except as required by law.

Neither EventNow nor the Merchant is responsible for lost or stolen Vouchers or Voucher ticket numbers.

User Conduct

This Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a “Contribution”), forums, chat room, message board, newsgroup, charitable causes, or any other interactive service that may be available to you on or through this site (collectively, the “Services”) are provided to you solely for knowledge and entertainment purposes. By using the Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your subscription and refuse any and all current or future use of the Services.

Without limitation of the foregoing, you agree to not use the Site or Services to:

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, “Content”), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful

“Stalk” another

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability

Harm minors in any way

Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Site

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data, or personal information

Act in a manner that negatively affects other users’ ability to engage with and/or in the Site or Services

Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Services, including, but not limited to, actually or attempting to manipulate, corrupt, or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names

Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services or intentionally or unintentionally violate any applicable local, state, national, or international law.

You also agree that you will not harvest, collect, or store information about the users of this Site or the Content posted by others on this Site or use such information for any purpose inconsistent with the purpose of this Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

You acknowledge that we are not responsible for material submitted to the Site by users. We do not pre-screen, monitor, review, or edit the Content posted by users. However, we and our designees have the right, at our sole discretion, to refuse or remove any Content, in whole or in part, that, in our judgment, does not comply with these Terms or is otherwise undesirable, inappropriate, or inaccurate. However, we are not responsible for any failure, non-failure, or delay in removing such Content, except as is necessary to comply with any requirements of the Digital Millennium Copyright Act. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us. You agree to immediately notify us of any unauthorized use of the Services or any other breach of security known or suspected by you.

You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of EventNow, its users, or the public.

You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings, Contributions, or other information submitted by you or other users to our site.

Any or all Content on the Site may be purged periodically using our sole discretion. You acknowledge and agree that Content you view, submit, or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages, or other materials created by us or submitted to us, including Content. You further acknowledge and agree that the views expressed on the Site do not necessarily reflect our views, and we do not support or endorse Content (including any Contribution, whether or not edited by us or our designee or presented on the Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any user.

Restrictions On Use of Material

Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – may you publish, display, or commercially exploit any material from the Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice.

You must abide by all additional copyright notices or other restrictions contained on the Site.

Assumption of Risks

Your interactions with other members on the Site or third parties (including charities and advertisers) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that EventNow will not be responsible or liable for any loss or damage incurred as a result of such dealings.

Unsolicited Materials

In operating this site, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site, or in any other way. Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.

User’s Grant Of Limited License

By communicating with us, including submitting or sending Content, a Contribution, or other information or material to us, you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or in part, including any information, suggestions, ideas, drawings, or concepts contained in such Content), worldwide, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a feature of our offering. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us.

You also warrant that any “moral rights” in posted materials have been waived.

Linked Sites

You may be able to link to third parties’ sites (“Links”) from our Site. Links are not, however, reviewed, controlled, or examined by us in any way and we are not responsible for the content, availability, advertising, products, or other materials of any such Links, or any additional links contained therein. These Links do not imply our endorsement of or association with the Links. It is your sole responsibility to comply with the appropriate terms of service of the Links as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Links and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Links or the information or material accessed through these Links. You should direct any concerns to that site’s administrator or webmaster. We reserve the exclusive right, at our sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Links from our Site and/or to introduce different features or links to different users.

Intellectual Property Rights

All materials contained in this Site are the copyrighted property of EventNow. We are the sole owner of all content on the Site, including, without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. All title and intellectual property rights in and to the content of the Links is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

EventNow, Inc.

11hour@eventnow.com

To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:

Your username, address, telephone number, and e-mail address

A description of the copyrighted work that you claim has been infringed

A description of where the alleged infringing material is located

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Disclaimer Of Warranties

THIS SITE AND SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, EVENTNOW SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SITE OR SERVICES (INCLUDING ORGANIZATION DESCRIPTIONS, MISSION, AND CONTRIBUTION AMOUNTS); AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING, WITHOUT LIMITATION, AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION, OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE. YOU (AND NOT US OR ANY OF OUR AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

Limitation Of Liability

IN NO EVENT WILL EVENTNOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF EVENTNOW IN OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EVENTNOW’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

Upon request by EventNow, you agree to defend, indemnify, and hold EventNow, its affiliates, officers, directors, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, including your interaction with causes, companies, or organizations that advertise or solicit contributions on the Site, or other uploading, posting, publishing, e-mailing, reproduction, distribution, or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.

Provisions Unenforceable or Invalid

The Terms and Privacy Policy, as amended from time to time, constitute the entire Agreement (the “Agreement”) between you and EventNow. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Governing Law

This Agreement will be governed by the laws of the State of New York, excluding the conflict of laws principles thereof.

Assignment

You shall not transfer, assign, sublicense, or pledge in any manner whatsoever any of your rights or obligations under this Agreement. EventNow may transfer, assign, sublicense, or pledge in any manner whatsoever any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

Termination

EventNow reserves the right, at its sole discretion, to immediately, with or without notice, to suspend or terminate your registration and/or your access to all or a portion of the Site and/or remove any registration information from the Site for any reason (including your breach of any of the Terms).

If you have any questions about this policy or our site in general, please contact us at 11hour@eventnow.com

 

 

 

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