EVENTNOW BUYER TERMS & CONDITIONS
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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
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.
- 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."
- 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.
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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- RECORD KEEPING/AUDIT. EventNow reserves the right to keep all records of any and all communications between Buyer and Vendor for administration purposes.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.