Terms of Use

Eventgroove Terms of Use

Last Updated: August 5, 2024

Acceptance of the Terms of Use

Welcome to the Eventgroove websites including https://events.eventgroove.com (the "Site").

Please review these Terms of Use carefully.

AGREEMENT TO ARBITRATION. BY AGREEING TO THESE TERMS OF USE, USER AGREES TO RESOLVE DISPUTES WITH THE COMPANY THROUGH BINDING ARBITRATION (AND WITH VERY FEW LIMITED EXCEPTIONS, NOT IN COURT), AND USER WAIVES CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER IN SECTION 27 BELOW).

1. Acceptance of the Terms of Use

These Terms of Use, together with any agreements, policies or documents they expressly incorporate by reference (collectively, these "Terms of Use"), are entered into by and between you ("User" or "User's") and Elk River Systems, Inc., a Montana corporation doing business as Eventgroove and its affiliates ("Company," "Eventgroove", "We," "Us" or "Our") where the Company and User are each a "Party" and collectively the "Parties") and govern User's access to and use (whether as a guest or a registered End User) of the Site and other services, Products (defined below), goods, software, Material (defined below) or equipment provided or made available by the Company (collectively, the "Services"), including any Web pages, data, material, information, messages, text, graphics, images, photographs, displays, audio, video, software, documents or other content, functionality, and services provided or made available on or through or in connection with the Site or Services (collectively "Material"). These Terms of Use, together with any Company-provided: (i) online registration or order form or click through agreement or (ii) signed order form between the Parties ("Order Form(s)"), service agreement for Services from the Company if any between the Parties (each a "Service Agreement" and collectively the "Service Agreement(s)"), Professional Services Agreement ("PSA"), or Software End User License Agreement ("EULA") (where the Terms of Use, Order Forms, Service Agreements, PSA and EULA are collectively referred to as the "Agreement").

Please read the Terms of Use carefully before User starts to use the Site or other Services.

IF USER IS AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, ORGANIZATION OR OTHER ENTITY ("ENTITY" or "ENTITIES") WITH WHICH USER IS ASSOCIATED, THEN USER IS AGREEING TO THESE TERMS OF USE ON BEHALF OF USER'S SELF AND SUCH ENTITY, AND USER REPRESENTS AND WARRANTS THAT USER HAS THE LEGAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE. References to "User" and "User's" in these Terms of Use shall refer to both the individual using the Site or other Services and to any such Entity.

By using the Site or other Services, User accepts and agrees to be bound and abide by these Terms of Use and Our Privacy Policy, found at Privacy Policy, incorporated herein by reference.

If User does not agree to these Terms of Use or the Privacy Policy, User must not access or use the Site or other Services.

The Privacy Policy, Intellectual Property Policy and any Service Agreements between the Company and User are incorporated by reference into these Terms of Use or the Agreement.

The Site and other Services are solely offered and available to End Users who are 18 years of age or older.

All End Users: User represents and warrants that User is 18 years of age or older and of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If User does not meet all of these requirements, User must not access or use the Site or other Services.

By using the Site or other Services, or by clicking to accept or agree to the Terms of Use when this option is made available to User, User accepts and agrees to be bound and abide by these Terms of Use and Our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If User does not agree to these Terms of Use or Our Privacy Policy, User must not access or use the Site or other Services.

2. Changes to the Terms of Use

We may revise, update, supplement or restate these Terms of Use from time to time in Our sole discretion. All changes are effective immediately when We post them, and apply to all access to and use of the Site or other Services, including any Service Agreement.

User's continued use of the Site or other Services following the posting of revised Terms of Use means that User accepts and agrees to the changes. User is expected to check this page each time User accesses the Site or other Services so User is aware of any changes, as they are binding on User.

3. Accessing the Site or Other Services

We reserve the right to withdraw or amend the Site and any other Services, Product or Material We provide or make available on or through the Site or other Services in Our sole discretion without notice. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, EQUITY HOLDERS, CONSULTANTS, AGENTS, INDEPENDENT CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBLICENSEES, SUBCONTRACTORS, PARTNERS, ADVISORS, SUCCESSORS, ASSIGNS, AFFILIATES AND OTHER REPRESENTATIVES ("REPRESENTATIVES") SHALL BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE SITE, ANY OTHER SERVICES OR ANY MATERIAL, GOODS, SOFTWARE, EQUIPMENT, OR PRODUCTS (COLLECTIVELY "PRODUCT(S)") ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. From time to time, We may restrict access to some parts of the Site or other Services, or all of the Site or other Services, to End Users, including registered End Users.

User is responsible for:

making all arrangements necessary for User to have access to the Site and other Services;
ensuring that all individuals or Entities who access the Site or other Services through User's internet connection are aware of these Terms of Use and comply with them; and
providing certain registration details or other information to access the Site, other Services, Material or other resources.

It is a condition of User's registration with and use of the Site and other Services that all of the information User provides on the Site or in connection with or related to the other Services is correct, current, and complete. User agrees that all information User provides to register with the Services or otherwise, including through the use of any interactive features on the Site or other Services, is governed by Our Privacy Policy at Privacy Policy, and User consents to all actions We take with respect to User's information consistent with Our Privacy Policy.

If User chooses, or is provided with, a user name, password, or any other piece of information as part of our security procedures, User must treat such information as confidential, and User must not disclose it to any other individual or Entity. User also acknowledges that User's account is personal to User, and User shall not provide any other individual or Entity with access to the Site or other Services or portions of either of them using User's user name, password, or other security information. User agrees to notify Us immediately of any unauthorized access to or use of User's user name or password or any other breach of security. User also agrees to ensure that User exits from User's account at the end of each session. User should use particular caution when accessing User's account from a public or shared computer so that others are not able to view or record User's password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by User or provided by Us, at any time in Our sole discretion for any or no reason, including if, in Our opinion, User has violated any provision (including any agreement, document or policy referenced herein) of these Terms of Use.

User is prohibited from creating an account with Us or using or accessing the Site, other Services, Material or Products if User resides in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.

All Products and licenses to Eventgroove software are sold to User by Eventgroove subject to the Terms and Conditions of Sale of Goods & Software Licenses including the Eventgroove Software End User License Agreement.

4. Becoming an End User, Organizer, or Attendee

Organizer. An End User may create or host an event including a live, remote, virtual, online or other meeting, convention, conference, concert or other event ("Event(s)"). An End User that creates an account with the Site or other Services as an organizer for an Event becomes the "Organizer" for that Event.
Attendee. An End User that (a) creates an account with the Site or other Services or (b) purchases or procures tickets (including from or through any Company authorized reseller, distributor or other partner ("Partners")) to become an attendee of an Event or purchases one or more tickets to an Event through the Site or other Services is an attendee ("Attendee(s)").
End User. User becomes an end user of the Site or other Services ("End User(s)") by accessing, viewing, using or registering with the Site or other Services.

5. Intellectual Property Rights

The Site and other Services and their entire contents, features and functionality (including all Material and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such Material and are protected by copyright, trademark, patent, trade secret, know-how, database protection, privacy, publicity and other intellectual property rights laws, and all similar or equivalent rights or forms of protection in the any part of the world for the full duration of those rights ("Intellectual Property Rights").

If User is an Attendee, We grant User a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Site and other Services solely to browse the Services and search for, view, register for, or purchase tickets or registrations to an Event listed on the Site or other Services.
If User is an Organizer, We grant User a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Site and other Services solely to create Event registration, Organizer profile and other webpages to promote, market, manage, track, and collect sales proceeds for an Event. If We grant User the right to use a sub-domain within the Site (e.g., [sub-domain prefix].eventgroove.com, or [sub-domain prefix].myeventscenter.com) for one or more of User's Events, all such sub-domains are solely Our property and We reserve the right to determine the appearance, design, functionality, and all other aspects of such sub-domains. If We provide User with a sub-domain, User's right to use it will continue only for so long as User is actively selling tickets for User's Events on the Site and provided User is in compliance with the Terms of Use and the Agreement. If We terminate User's right to use a sub-domain for any other reason, We will provide User with a new sub-domain.

User must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Material on or through the Site or other Services, except as follows:

User's computer may temporarily store copies of such Material in RAM incidental to User's accessing and viewing those Material;
User may store files that are automatically cached by User's Web browser or mobile device for display enhancement purposes;
User may print or download one copy of a reasonable number of pages of the Site for User's (a) own personal, non-commercial use (for Attendees) or (b) for User's internal business purposes (for Organizers) and not for further reproduction, publication or distribution;
If We provide desktop, mobile or other applications for download including the Site or other Services, User may download a single copy to User's computer or mobile device solely for User's (a) own personal, non-commercial use (for Attendees) or (b) for User's internal business purposes (for Organizers), provided User agrees to be bound by the EULA;
if We provide social media features with certain Material, User may take such actions as are enabled by such features; or
User may use the Services in connection with an Event or to promote Us or Our Services and products.

User shall not:

modify copies of any Material from the Site or other Services;
use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
delete or alter any copyright, trademark, or other proprietary rights notices from copies of Material from the Site or other Services. If User prints, copies, modifies, downloads or otherwise uses or provides any other individual or Entity with access to any:
part of the Site or other Services in breach of the Terms of Use; or
information, content or other Material which User does not own or have not secured necessary license or other rights but was obtained by User from or using the Site or other Services, then, in either case,

User's right to use the Site and other Services will automatically cease immediately and User must, at our option, return or destroy any copies of the Material User has made. No right, title or interest in or to the Site or other Services or any Material on the Site or other Services is transferred to User, and all rights not expressly granted to User are reserved by the Company. Any use of the Site or other Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

6. Fees, Pricing and Payment

Account Creation; Fees. Creating an account and listing an Event are free. However, We charge fees when User sells (for Organizers) or buys (for Attendees) paid tickets or registrations. These fees may vary based on individual agreements between Us and certain Organizers. In some cases, Organizers may determine whether these fees will be passed along to Attendees and shown as "Fees" on the applicable Event webpage or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Attendees may include Our service fees and other charges, including taxes (as applicable) and credit card payment processing fees. This means that the fees paid by Attendees for an Event are not necessarily the same as those charged by Us to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, some fees are meant to defray costs incurred by Us but may in some cases include an element of profit and in some cases include an element of loss. We do not control (and cannot disclose) fees levied by User's bank or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. User is responsible for checking with User's bank or credit card company prior to purchasing to understand all applicable fees, credit card surcharges, and currency conversion rates.
Ticket Prices Payable by Attendees. The price of tickets for an Event payable by Attendees will be as set forth on the Site.
Ticket Prices and Processing Fees (for Organizers only). The ticket price to be charged to Attendees for an Event will be determined and set by the Organizer of such Event and will be set forth on the Site, or in a Service Agreement. The Company will assess a ticket processing fee to Organizers, which will be set forth on the Site, or in a Service Agreement.
Third-Party Payment Processor Fee. The Company, in its sole discretion, shall determine the third-party payment processor, including the third-party payment processor for any Event, sale, or purchase. A third-party payment processer will assess a processing fee, which is included in the price for the Company's Services or products set forth on the Site, or in a Service Agreement. If the third-party payment processor for the applicable Event, sale, or purchase is Stripe, information regarding Stripe's payment processing services is available at https://stripe.com. For further information regarding third-party payment processing, see Section 7 (Payments and Payment Processing), below.
Products; Social Media Templates. Prices for Products available for purchase through the Services are set forth on the Site at https://products.eventgroove.com/. Purchase of any merchandise Products shall be subject to the Company's Terms and Conditions of Sale of Products ("Terms of Sale"), and purchase of licenses to the Company's software (including social media templates) shall be subject to the Software End User License Agreement ("EULA"). The Terms of Sale and EULA are hereby incorporated into these Terms of Use by this reference.
Taxes. Prices and rates for Services and products set forth on the Site or in a Service Agreement may include taxes, where applicable. Company is responsible for the collection and payment of all taxes on behalf of User. Taxes are determined by Event venue location, or User billing address for virtual Events.

7. Payments and Processing

Terms of payment are within Our sole discretion as set forth on the Site, other Services or the Agreement. All payments must be made by Organizers and Attendees by credit card at the time the Company's Services and Products are purchased. The credit cards that will be accepted by the Company including the payment processing networks and credit card issuers, will depend from time to time on the Company's policies and the third-party payment processor through which payment made to the Company are processed for the applicable Event, sale, or purchase.

All payments are facilitated through a third-party payment processing service. The Company, in its sole discretion, shall determine the third-party payment processor, including the third-party payment processor for any Event, sale, or purchase. The Company's current, preferred third-party payment processor is Stripe, and information regarding Stripe's payment services are available at https://stripe.com.

Third party payment processors assess a processing fee, which will be included in Our listed pricing for Our Services and Products. Information collected by or transferred to Stripe is governed by Stripe's Privacy Policy available at https://stripe.com/us/privacy.

For Organizers:

User will provide accurate, current, and complete information about User or any Entity User represents ("Registration Data").
Upon Our request, User will provide additional information about User, any Entity User represents, and the principals or beneficial owners of any Entity User represents including current address, doing business as (DBA) names, description of products and services, website addresses, or other payment account information, tax identification numbers, date of birth, passport or driver's license number, country of origin, copies of government identification documents, and other personal information (collectively, "Additional Registration Data").
We may use this information to verify User's identity, the validity or legality of User's transactions, or whether User qualifies as an Organizer. User must: (a) promptly provide accurate and complete information and (b) regularly and quickly update this information to make sure it remains accurate and complete.
We may share Registration Data, Additional Registration Data, and information about User's Events and use of the Site or other Services with our payment processor partners including Stripe ("Payment Processor Partners") and our sales tax software partner, Avalara.
User authorizes Us to verify User's Registration Data and Additional Registration Data and conduct due diligence on User and any Entity User represents through third parties including third-party credit reporting agencies.
User is not entitled to receive any payments from tickets, registrations, or other items sold from the Site or other Services or our payment Processor Partners unless and until User provides (and maintain) full and accurate Registration Data and Additional Registration Data.
We reserve the right to suspend or terminate User's Eventgroove account or User's ability to serve as an Organizer on the Site or other Services, and to withhold any payments otherwise due to User, if We believe that User's Registration Data or Additional Registration Data is inaccurate or incomplete.
If User is an Organizer, and Stripe is the third-party payment processor for the applicable Event, sale, or purchase, payments will be remitted to User through a Stripe Connected Account.
If the remittance of payment to User is provided for in the Service Agreement or (ii) the remittance of payment to User is provided for on the Site or other Services, including if tickets to an Event will be sold through Our Site. In such case, payment processing will be subject to the Stripe Connected Account Agreement available at https://stripe.com/legal/connect-account, which includes the Stripe Services Agreement – United States available at https://stripe.com/legal/ssa (collectively, the "Stripe Services Agreement").
By agreeing to the Agreement or by using the Site, other Services, Material or Products that will use a Stripe Connected Account, User agrees to be bound by the Stripe Services Agreement, as Stripe may modify from time to time.
As a condition of and in order to use Our Services, which use the Stripe Connected Account payment processing services through Stripe, User agrees to provide accurate and complete information about User and User's business including as requested via the Site or other Services, and User authorizes the Company and the Site or other Services to share such information with Stripe (or another applicable third party payment processor selected by Us) related to User's use of the payment processing services provided by Stripe (or such other third party payment processor selected by Us).
If payments are to be received by User through a Stripe Connected Account, then payments will be remitted to User by Stripe in accordance with Our payment terms in (a) these Terms of Use or the Service Agreement and (b) the Stripe Services Agreement.
At the time payment is made by any Organizer or Attendee, the registration fee, the Company's fee for ticket processing services, taxes (as applicable), purchase prices for products or other goods, or other fees and amounts payable to the Company (as applicable) will be remitted by Stripe to the Company.
The Company may, in its sole discretion, add third-party payment processors including for any Event, sale, or purchase, at any time.
If a different third-party payment processor is used by the Company for an applicable Event, sale, or purchase: (a) information regarding the payment processing services of such third-party payment processor may be available on such third-party payment processor's website and (b) information collected by or transferred to such third-party payment processor will be governed by such third-party payment processor's privacy policy.
If the Company uses an alternate third-party payment processor for the applicable Event, sale, or purchase, the terms as between the Company and User relating to such third-party payment processor or payment processing will be set forth in a separate agreement between the Company and User.

8. Disputes, Refunds, Chargebacks and Ticket Transfers

Occasionally, an End User may dispute a credit card charge in connection with a payment made through the Services. Since all transactions are between an Organizer and its Attendees, Attendees will contact the applicable Organizer of their Event with any refund requests.

User agrees that neither We nor our affiliates nor any of our or their respective Representatives will be liable under any circumstance for any Damages (defined below) arising out of or relating to: (1) ticket-related fraud or the purchase of the ticket through unauthorized means such as third parties or (2) Organizers' non-compliance with the procedures that must be implemented by Organizers to check the validity of tickets.
If User is an Attendee:
1. User shall solely make and submit requests for refunds solely to the Organizer of the Event in accordance with the Organizer's refund policy;
2. User acknowledges and agrees that the Company is not responsible for handling or communicating an Organizer's refund policy or for processing refunds including the failure of an Organizer to communicate about a refund, the decision of an Organizer to deny any refund request, the failure of an Organizer to respond to a refund request or to provide a refund, for any errors processing a refund, or any chargebacks related to a refund;
3. if User receives a refund for User's ticket, User will discard the ticket and will not use it (or any copy of it) to attend the Event. Violation of this is fraud; and
4. if User wishes to request transfer of tickets to an Event User purchased on the Site or through the other Services, please contact the Organizer of the Event to arrange for potential ticket transfer. If User is unable to reach the Organizer, or the Organizer is unable to arrange a ticket transfer, please contact us at support@eventgroove.com and We might be able to consider accommodating User's request.
If User is an Organizer:
1. User shall solely receive and handle all refunds requested by Attendees in accordance with User's refund policy applicable for the Event;
2. User shall be responsible for all amounts incurred by the Company relating to any refund to an Organizer or Attendee and shall promptly reimburse the Company for any and all fees, amounts and payments made or incurred by the Company relating to any such refund including chargeback fees relating to any such refund, provided, however, that User shall not be obligated to reimburse the Company for any amounts paid or surrendered by the Company in connection with a refund to the extent that the necessity for such refund is caused by the Company's negligence or willful misconduct;
3. User acknowledges and agrees that the Company is not responsible for handling or communicating an Organizer's refund policy or for processing refunds including the failure of an Organizer to communicate about a refund, the decision of an Organizer to deny any refund request, the failure of an Organizer to respond to a refund request or to provide a refund, for any errors processing a refund, or any chargebacks related to a refund.

9. Organizer Representations and Warranties Regarding Event, Venue and Attendee Information; Organizer Responsibilities and Commitments

If User is an Organizer, User represents and warrants to Us that:

User as Organizer has the full power, capacity and authority to enter into the Agreement and perform User's obligations under the Agreement;
User as the Organizer shall use the Site, other Services, Material and Products solely for lawful purposes,
all information User provides including all information concerning User's name, address, payment card number, and other identifying information of any nature will be true, complete and correct, and User will update all information as it changes;
User's trademarks, service marks, logo, trade name, copyrights and other Intellectual Property Rights and information including Material or End User Contributions Posted by User or User's Representatives or otherwise provided by User or User's Representatives to Company or its Representatives have not, do not and will not infringe, misappropriate or otherwise violate any intellectual property, proprietary or any other rights of any third party;
User as Organizer is authorized to disclose and transfer (and have obtained all necessary consents, licenses and rights from the Attendees and other owners) the information, names, trademarks, logos and other Intellectual Property Rights regarding Events, the venue at which the Events are or will be held, and information of or relating to Attendees that User discloses and transfers to the Company and that the Company is authorized to use all of the foregoing information, names, trademarks, logo and other Intellectual Property Rights in connection with the Site, other Services, Material and Products;
User will obtain, before starting ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") for User's Events. Licensure includes state, county, municipal, or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, fire marshal permits, authorization to receive minors, sanitary authorization, and property operation permits;
User will comply, and will ensure that the venues for User's Events will comply, with all applicable laws, regulations, rules, and ordinances;
User will maintain throughout the use of the Services the applicable Licensure to promote, produce, sponsor, host, and sell tickets for all of User's Events;
User will provide evidence of Licensure and related information prior to offering tickets or registrations for User's Events and promptly upon our reasonable request from time to time; and
User is not located in, and User is not a national or resident of, any country for which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods or services similar to our Services ("Restricted Countries"); User is not a person or Entity or under the control of or affiliated with a person or Entity that (a) appears on the: U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List or U.S. Department of State's Terrorist Exclusion List; U.S. Department of Commerce Bureau of Industry and Security's Denied Persons List; Consolidated List of Targets published by the U.K. HM Treasury; Consolidated List published by the A.U. Department of Foreign Affairs and Trade or (b) is subject to sanctions in any other country; if We determine that User falls into any category above, User is a "Prohibited Merchant."

If User is an Organizer, User agrees that:

the Agreement imposes valid and legally binding obligations on User, enforceable against User in accordance with its terms,
for any Event that User serves as the Organizer of, User is solely responsible for ensuring that the Event and any webpage or other material displaying the Event comply with any applicable laws, rules, and regulations and that any descriptions of the Event, goods or services described on the Event webpage (or otherwise in connection with or related to the Event) are described and delivered in an accurate, complete and satisfactory manner;
as an Organizer, User shall participate in activities that We request including: providing quotes or participating in white papers, case studies, press releases or testimonial advertisements describing User's experiences as an Organizer with the use of the Site, other Services or products (collectively "Publicity") subject to mutual approval prior to first public release of the Publicity;
Each Party hereby grants the other Party a limited, world-wide, non-exclusive, transferable, sublicenseable, royalty-free right and license to publish, use, reference and display the final, approved Publicity, in whole or through unedited excerpts, in all forms of media and for any purpose including publicity, advertising, and marketing in all forms of media, in the licensee Party's sole discretion;
User will pay all charges incurred by User or any of User's Representatives using User's account and payment card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred;
Company will collect and remit any applicable taxes relating to User's Events on behalf of User;
User grants Eventgroove the right to provide any information User submits to third parties for purposes of facilitating the completion of orders initiated by User or on User's behalf and acknowledges and agrees that verification of information may be required prior to the acknowledgment or completion of any order;
User acknowledges and agrees that registration for Events may be regulated by certain state, county, city or other laws or regulations and that complying with applicable laws is User's responsibility and USER SHALL NOT HOLD US OR OUR REPRESENTATIVES LIABLE FOR USER'S FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY USER OF, OR PROPERLY APPLY, ANY LAW;
User will only use payment cards belonging to User or for which User is expressly authorized to use;
User will not attempt to conceal User's identity by using multiple Internet Protocol ("IP") addresses or email addresses;
User acknowledges and agrees that if We are unable to verify or authenticate any information User provides during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if We are no longer able to verify or authorize User's payment card information, User's Event registration may be cancelled, We may refuse to honor all pending and future purchases made on such payment card accounts or on any online accounts associated with such payment card accounts, and User may be prohibited from using the Site, other Services or Material;
User will not Post Events to the Site or other Services or engage in activities through or in connection with the Site or other Services that:
1. violate or assist in violate any applicable local, state, provincial, national or other law, rule or regulation;
2. contain any Material that violates these Terms of Service or the Agreement; or
3. take place in Restricted Countries or restricted regions, which include Russia, Cuba, Iran, North Korea, Syria, Crimea, Donetsk People's Republic, and Luhansk People's Republic ("Prohibited Events");
We may suspend or terminate User's and User's affiliates' (and any Entities' User represents) ability to access or use the Site or other Services or to receive payments at any time and for any reason, including if:
1. User, any of User's affiliates or any Entity User represents violate any provision of these Terms of Use or the Agreement or otherwise become ineligible for the Site or other Services;
2. User, any of User's affiliates or any Entity User represents fails to make payments owed to Us on time;
3. Any of Our Payment Processor Partners refuse to facilitate payments to User, any of User's affiliates or any Entity User represents or to engage in services involving User or any Entity User represents;
4. We are served with legal process in connection with User, User's account or User's activities on or through the Site or other Services (or in connection with any of User's affiliates or any Entity User represents) including legal process seeking to attach or garnish any of User's funds or property in Our possession;
5. We learn that User has granted a right to assignment of payments to any party, for any reason; or
6. We determine that User is a Prohibited Merchant or have organized Prohibited Events;
User may stop participating as an Organizer at any time by deleting User's account in accordance with the Terms of Service, but if User deletes User's account, User is still bound by these Terms of Use and the Agreement and any other written agreement User may have with Us;
if We provide User the ability to implement certain permissions within User's account to third parties including, "sub-users," "sub-accounts," or other credentialed account users, User is solely responsible for all activity that occurs under User's account (including actions by sub-users);
with respect to information User collects from (or receives about) End Users or other individuals, User will at all times comply with: (1) all applicable local, state, provincial, national, and other laws, rules, and regulations and (2) any applicable policies incorporated herein, posted by Us on the Site or other Services or otherwise provided by Us;
User will ensure that User's refund policy is clearly and accurately communicated and made publicly available and easily accessible and discoverable online; and
User will not use the Site, other Services, Material or Products to collect any sensitive personal information, such as health information (including "protected health information" as defined in 45 C.F.R. §160.103), social security numbers, financial information, payment card numbers, driver's license numbers, and passport numbers.

10. Attendee Representations and Warranties; Attendee Responsibilities and Commitments

If User is an Attendee, User represents and warrants to Us that:

User has the full power, capacity and authority to enter into these Terms of Use and the Agreement and perform User's obligations under the Agreement;
User shall use the Site, other Services, Material and Products solely for lawful purposes in compliance with all applicable laws and regulations including regulations administered by the U.S. Treasury Department, Office of Foreign Assets Control;
all information User provides including all information concerning User's name, address, payment card number, and other identifying information of any nature will be true, complete and correct, and User will update all information as it changes; and
User's trademarks, service marks, logo, trade name, copyrights and other Intellectual Property Rights and information including Material or End User Contributions Posted by User or User's Representatives or otherwise provided by User or User's Representatives to Company or its Representatives have not, do not and will not infringe, misappropriate or otherwise violate any intellectual property, proprietary or any other rights of any third party.

If User is an Attendee, User agrees that:

these Terms of Use and the Agreement imposes valid and legally binding obligations on User, enforceable against User in accordance with its terms;
User will be responsible for paying any applicable taxes relating to User's Events;
User grants Eventgroove the right to provide any information User submits to third parties for purposes of facilitating the completion of orders initiated by User or on User's behalf and acknowledge and agree that verification of information may be required prior to the acknowledgment or completion of any order;
User acknowledges and agrees that registration for Events may be regulated by certain state, county, city or other laws or regulations and that complying with applicable laws is User's responsibility and USER AGREES NOT TO HOLD US OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE REPRESENTATIVES LIABLE FOR USER'S FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY USER OF, OR PROPERLY APPLY, ANY LAW;
User will only use payment cards belonging to User or for which User is expressly authorized to use;
User will not attempt to conceal User's identity by using multiple Internet Protocol ("IP") addresses or email addresses;
User acknowledges and agrees that if We are unable to verify or authenticate any information User provides during any registration, ordering, purchase, authentication, delivery, payment or remittance process, or any other process, or if We are no longer able to verify or authorize User's payment card information, User's Event registration may be cancelled, We may refuse to honor all pending and future purchases made on such payment card accounts or on any online accounts associated with such payment card accounts, and User may be prohibited from using or accessing the Site, other Services or Material; and
We may suspend or terminate User's access to or use of the Site or other Services including if User violates any provision of these Terms of Use or the Agreement or otherwise become ineligible for the Site or other Services.

11. Trademarks

General Restrictions. The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. User must not use such marks without the prior written permission of the Company, except as permitted under this Section 10 (Trademarks) of these Terms of Use. All other names, logos, product and service names, designs and slogans on the Site, other Services, Material or Products are the trademarks of their respective owners.

License or Use of Marks for Events (Organizers Only). If User is an Organizer, commencing on the date User registers as an Organizer of an Event, User as the Organizer and the Company each grant a license to the other Party as follows:

span class="fw-bold text-decoration-underline">Organizer's License Grant to Company: User, in User's capacity as an Organizer, hereby grants the Company, a limited, world-wide, non-exclusive, perpetual, transferable, sublicensable (through multiple tiers), royalty-free right and license to use, display and publish User's trade name, logo, trademarks or service marks (collectively, the "Marks") on the Site, other Services, Material, Products and other media of the Company, solely for the purposes of informing Attendees of User's identity and to utilize, sell, and promote the Site, other Services, Material and Products in accordance with these Terms of Use and the Agreement.
span class="fw-bold text-decoration-underline">Company's License Grant to Organizer: The Company grants User, in User's capacity as an Organizer, a limited, world-wide, non-exclusive, non-transferable, royalty-free, revocable right and license to use, display and publish the Company's Marks, on User's website or User's other media solely for the purposes of informing Attendees of Company's identity and to promote the Event and the Company's Site, other Services and products in accordance with these Terms of Use and the Agreement.
span class="fw-bold text-decoration-underline">Perpetual License by Organizer to the Company for Marketing Purposes. User, in User's capacity as an Organizer, hereby grants the Company a limited, world-wide, non-exclusive, perpetual, transferable, sublicensable (through multiple tiers), royalty-free right and license to use the Organizer's Marks to publicly advertise or market Company's Site, other Services, Material and Products including identifying User as a customer or former customer of the Company and displaying or publishing the Organizer's Marks on Material and other media for advertising, marketing, promotional or other business purposes.
span class="fw-bold text-decoration-underline">Certain Restrictions and Covenants. Except as expressly authorized by these Terms of Use or the Agreement, neither Party will use the other Party's Marks. To the extent expressly authorized by these Terms of Use, each Party shall comply with the other Party's trademark usage guidelines in using any Mark of the other Party, and each Party shall state in appropriate places on all materials using the Marks of the other party that the other party's Marks are trademarks or service marks of such party and to include the symbols TM or ® as appropriate. Neither Party grants any other rights in or to its Marks other than those expressly granted hereunder, and the licensee Party expressly acknowledges the licensing Party's exclusive ownership of the licensing Party's Marks. The licensee Party shall not take any action inconsistent with such ownership and shall take, upon the reasonable request of the licensing Party and at the licensing Party's expense, any action including the conduct of legal proceedings which the licensing Party deems reasonably necessary to establish and preserve the licensing Party's exclusive rights in and to its Marks. Without limiting any other restrictions in these Terms of Use, each Party agrees not to adopt, use or attempt to register any trademarks, service marks or trade names that are confusingly similar to the Marks of the other Party or in such a way as to create combination marks with the other Party's Marks. Each Party may suspend, in whole or in part, the license to use its Marks if, in the licensing Party's sole discretion, the use of its Marks does not comply with the licensing Party's then-current trademark or service mark usage policy.

12. Prohibited Uses

User may use the Site or other Services only for lawful purposes and in accordance with these Terms of Use. User shall not use the Site or other Services:

in any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries);
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate Material, asking for personally identifiable information, or otherwise;
to send, knowingly receive, upload, share, post, submit, publish, display, transmit, download, use, re-use or otherwise make available to or share with ("Post", "Posting" or " Posted") any Material that does not comply with the Content Standards set out in these Terms of Use;
to transmit or procure the sending of any advertising, commercial solicitations or promotional material including any "junk mail," "chain letter," "spam," or any other similar solicitation or promotional material relating to websites, services, products or other offerings which are competitive with the Company or the Site or other Services;
to impersonate or attempt to impersonate the Company, a Company employee, another End User, or any other person or Entity (including by using email addresses or screen names associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site or other Services, or which, as determined by Us, may harm the Company or End Users of the Site or other Services, or expose them to liability. Additionally, User shall not:
use the Site or other Services in any manner that could disable, overburden, damage, or impair the Site or other Services or interfere with any other party's use of the Site or other Services, including their ability to engage in real time activities on or through the Site or other Services;
use any robot, spider or other automatic device, process or means to access the Site or other Services for any purpose, including monitoring or copying any of the Material on the Site or other Services;
use any manual process to monitor or copy any of the Material on the Site or other Services or for any other purpose not expressly authorized in these Terms of Use, without Our prior written consent;
use any device, software, or routine that interferes with the proper functioning of the Site or other Services;
introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or other Services, the server on which the Site or other Services is stored, or any server, computer, or database connected to the Site or other Services;
attack the Site or other Services via a denial-of-service attack or a distributed denial-of-service attack;
make any audio, visual or video recording, transcript or photograph of any individual unless it is done in compliance with all applicable laws and User has received the consent of the Event's Organizer and, if required by applicable law, User has received the consent of the individual to be recorded;
copy, take a screenshot or make any reproduction, use, transfer or disclosure of any Posted Material, End User Contributions or Event unless in compliance with all applicable laws and User has received the consent of the Event's Organizer and User has received the consent of the individual or Entity that owns such Material, End User Contributions or Event;
scrape, decompile, reverse engineer, reproduce, redistribute, create derivative works from, alter, archive, or disassemble any part of the Site or other Services;
attempt to circumvent any of Our security, filtering, or digital rights management measures;
submit any malicious program, script, or code,
submit an unreasonable number of requests to Our servers,
take any other actions to manipulate, interfere with, or damage the Site or other Services; or
otherwise attempt to interfere with the proper working of the Site or other Services.

13. End User Contributions

The Site or other Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow End Users to Post Material (each an "End User Contribution" and collectively, "End User Contributions") on or through the Site or other Services.

User may only Post End User Contributions which User has the right to Post and share. All End User Contributions must comply with the Content Standards set out in these Terms of Use. Any End User Contributions User Posts to the Site or other Services will be considered non-confidential and non-proprietary. By providing any End User Contributions on the Site, other Services, Material or Products, User hereby grants Us and Our affiliates and each of Our and their respective Representatives a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable (through multiple tiers), transferable, right and license to host, store, use, copy, reproduce, edit, modify, transform, adapt, create derivative works based on, translate, incorporate into other works, publish, publicly perform, publicly communicate, publicly display, exhibit, broadcast, advertise, transmit, print, distribute, redistribute, index, comment on, communicate, otherwise make available to the general public, commercialize, and exploit User's End User Contributions for any purpose in whole or in part and in any form, medium, manner, channel or technology currently known or later developed including the right to incorporate or implement User's End User Contributions into the Site and any other Services, Material or Products and to display, market, sublicense and distribute User's End User Contributions as incorporated or embedded in the Site, other Services, Material or Products or any other software or any website, service or product distributed or offered by Us and the Intellectual Property Rights with respect to User's End User Contributions for the full duration of those rights with respect to User's End User Contributions in any number of copies and without limit as to time, manner and frequency of use, without further notice to User, without attribution and without the requirement of permission from or payment to User or any other person or Entity.

User represents and warrants that:

User owns or controls all rights in and to the End User Contributions and has the right to grant the license granted above to Us and Our affiliates, licensees and service providers, and each of their and Our respective Representatives;
all of User's End User Contributions do and will comply with these Terms of Use and all applicable laws;
User acknowledge and agrees that User is solely responsible for any End User Contributions User submits or contributes, and User, not the Company, shall be fully responsible for any such End User Contributions Material, including its legality, reliability, accuracy and appropriateness;
We shall under no circumstance be required to obtain any license from or pay royalties to any third party with respect to any End User Contributions;
User has obtained all necessary releases from any individuals or Entities who appear in the End User Contributions; and
the End User Contributions do not, and will not, infringe, misappropriate or violate any third party's rights, including any Intellectual Property Rights, rights of publicity, moral rights, or privacy rights. We are not responsible or liable to User or any third party for any End User Contributions Posted by User or any other End User of the Site or other Services.

If User or any of User's Representatives provide to Us or any of our Representatives any ideas, proposals, suggestions (including for modifications or improvements), code, information, know-how, other materials, comments, ratings or other feedback whether in oral or written form and whether related to the Site, other Services, Material, Products, Us, Our business or otherwise, of third parties including Organizers of Events User attends (collectively "Feedback"), User hereby irrevocably acknowledges and agrees that such Feedback is Material that is non-confidential and non-proprietary to User and that User's provision of such Feedback is gratuitous, unsolicited and without restriction and does not place Us or any of our Representatives under any fiduciary or other obligation. By submitting Feedback to Us, User hereby grants Us and our affiliates a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, transferable, perpetual license to use, publish, disclose, distribute and commercially exploit the Feedback for any purpose and in any manner in Our sole discretion without accounting or other obligation including without compensation to User and with or without User's name. User agrees that We may collect testimonials, ratings, and reviews about the Site, other Services, Material and Products. If User is an Organizer, User agrees that We may collect testimonials, ratings, and reviews about User's Material and Events. All such testimonials, ratings and reviews will be considered Feedback. We retain full discretion on whether, when, where, with whom, and how Feedback is shared or published.

14. Monitoring and Enforcement

We may, in Our sole discretion, at any time:

block, remove or refuse to Post any End User Contributions or other Material for any or no reason;
take any action with respect to any End User Contributions or other Material that We deem necessary or appropriate, including if We believe that such End User Contributions or other Material violate the Terms of Use including the Content Standards; infringe any intellectual property right or other right of any person or Entity; threaten the personal safety of End Users of the Site or other Services or the public or could create liability for the Company;
disclose User's identity or other information about User to any third party who claims that Material Posted by User violates their rights, including their intellectual property rights or their right to privacy;
take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site or other Services;
terminate or suspend User's access to all or part of the Site or other Services for any or no reason including any violation of these Terms of Use; and
without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone Posting any Material on or through the Site or other Services.

USER HEREBY IRREVOCABLY WAIVES AND HOLDS HARMLESS, INDEMNIFIES AND DEFENDS THE COMPANY AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, EQUITY HOLDERS, CONSULTANTS, AGENTS, INDEPENDENT CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBLICENSEES, SUBCONTRACTORS, PARTNERS, ADVISORS, SUCCESSORS, ASSIGNS AND OTHER REPRESENTATIVES ("REPRESENTATIVES") FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review Material before it is Posted on the Site or other Services and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or Material provided by any End User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

We may (but have no obligation to), in Our sole discretion, at any time: (a) monitor, analyze, evaluate, alter or remove Material before or after any such Material is Posted on the Site or other Services or (b) monitor, analyze or evaluate User's access to or use of the Site, other Services or Material, User's account or User's End User Contributions or Material. We may disclose information regarding User's access to and use of the Site, other Services or Material (including any Posting User may make or direct), and the circumstances surrounding such access and use, to anyone for any purpose or reason. We may block or disable access to the Site, other Services or any Material (in whole or part) provided or made available on or through the Site or other Services at any time.

15. Content Standards

The content standards ("Content Standards") set forth in this section apply to any and all End User Contributions and access to and use of the Site and other Services. End User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations and must not violate the legal rights of any individual or Entity. Without limiting the foregoing, User shall ensure that User's End User Contributions must not:

contain any Material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
promote sexually explicit or pornographic Material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
exploit minors;
infringe or misappropriate any Intellectual Property Rights of any other individual or Entity;
violate the legal rights (including the rights of publicity and privacy) of others or contain any Material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, the Agreement or Our Privacy Policy;
be likely to deceive any person or Entity;
promote any illegal activity, or advocate, promote, or assist any unlawful act;
cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other individual or Entity;
impersonate any individual or Entity, or misrepresent User's or Our identity or affiliation with any individual or Entity;
involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising;
violate applicable law or propose or promote illegal or fraudulent activities;
make false or misleading claims;
give the impression that they emanate from or are endorsed by Us or any other individual or Entity, if this is not the case.

16. Reliance on Posted Information

The information presented on or through the Site or other Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance User places on such information is strictly at User's own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY USER OR ANY OTHER VISITOR TO THE SITE, OTHER SERVICES, MATERIAL OR PRODUCTS, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

The Site or other Services may include Material provided by third parties including Material provided by other End Users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the individual or Entity providing such Material and which do not necessarily reflect the opinion of the Company. We are not responsible, or liable to User or any third party, for the content or accuracy of any Material or End User Contributions Posted or provided by any End User or third party.

17. Changes to the Site or Other Services

We may update the Material on the Site or other Services from time to time, but the Material is not necessarily complete or up-to-date. We are under no obligation to update such Material.

18. Information About User and User's Visits to the Site or Other Services

All personal information We collect on the Site or through other Services is subject to Our Privacy Policy at Privacy Policy. By using the Site or other Services, User consents to all actions taken by Us with respect to User's personal information in compliance with Our Privacy Policy.

19. Linking to the Site and Social Media Features

User may link to Our homepage, provided User does so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but User must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part, except as explicitly permitted under these Terms of Use.

The Site or other Services may provide certain social media features that enable User to:

link from User's own or certain third-party websites to certain Material on the Site or other Services;
send emails or other communications with certain Material, or links to certain Material, on the Site or other Services;
cause limited portions of Material on the Site or other Services to be displayed or appear to be displayed on User's own or certain third-party websites; or
organize, participate in, or attend virtual meetings or Events remotely. User may use these features solely as they are provided by Us and solely with respect to the Material they are displayed with and otherwise in accordance with these Terms of Use and any additional terms and conditions We provide with respect to such features.

The website from which User is linking, or on which User makes certain Material accessible, must comply with the Content Standards and End User Contributions requirements set out in these Terms of Use and must not violate the Prohibited Uses restrictions under Section 11.

User agrees to cooperate with Us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

20. Links from the Site

If the Site, other Services or Material contain links to other third-party websites or resources, these links are provided for User's convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and We will under no circumstance be responsible or liable for them or for any Damages that may arise from User's use of them. If User decides to access any of the third-party websites or resources linked to the Site or other Services, User does so entirely at User's own risk and subject to the terms and conditions of use or service for such websites.

21. Indemnification

User shall defend, indemnify, and hold harmless the Company and its affiliates and its and their respective Representatives from and against any claims, liabilities, damages, actions, judgments, awards, obligations, losses, penalties, fines, costs, expenses, fees, deficiencies, all amounts paid in settlement, interest, penalties, fines, of whatever kind (including reasonable attorneys' fees and costs, expert witness and accounting fees and costs and the costs of enforcing any right to indemnification hereunder and of pursuing any insurance providers ("Damages") resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") arising out of or relating to:

User's or User's Representatives' violation of these Terms of Use, the Agreement;
User's or User's Representatives' access to or use of the Site, including User's End User Contributions, other Services, Material or Products other than as expressly authorized in these Terms of Use;
User's or User's Representatives' access to or use of any Material obtained from the Site or other Services;
User's breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party;
any Feedback that User gives or receives;
Our collection and remission of taxes; and
if User is an Organizer (1) User's Licensure, any failure to obtain or maintain any Licensure or any error in obtaining or maintaining any Licensure, (2) User's Events (including where We have provided Services with respect to those Events except that in the case of (g)(2) this indemnification will not apply to the extent that the Claim arises out of Company's gross negligence or willful misconduct), (3) User's Material and (4) User's Marks.

22. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

IN NO EVENT WILL COMPANY OR ITS AFFILIATES OR ITS AND THEIR RESPECTIVE REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, STATUTORY OR PUNITIVE DAMAGES OF ANY KIND INCLUDING UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, NOR FOR ANY DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE OR PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY, LOSS OF TIME, INCONVENIENCE OR UNAUTHORIZED INTERCEPTION BY THIRD PARTIES INCLUDING OF ANY END USER CONTRIBUTIONS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ("LOSSES");
WITHOUT LIMITING THE FOREGOING, COMPANY (INCLUDING ITS AFFILIATES AND ITS AND THEIR RESPECTIVE REPRESENTATIVES) WILL NOT BE LIABLE FOR LOSSES OF ANY KIND RESULTING FROM USER'S USE OF OR INABILITY TO USE THE SITE OR OTHER SERVICES OR FROM ANY SERVICES OR MATERIAL ON THE SITE, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED OR OTHERWISE PRESENT IN CONNECTION THEREWITH;
USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY OTHER SERVICES, OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR OTHER SERVICES IS TO STOP USING THE SITE OR OTHER SERVICES; AND
COMPANY'S (INCLUDING ITS AFFILIATES' AND ITS AND THEIR RESPECTIVE REPRESENTATIVES') MAXIMUM AGGREGATE LIABILITY FOR ALL LOSSES SHALL IN NO EVENT EXCEED USD$100.00. NOTWITHSTANDING THE FOREGOING, (1) FOR ORGANIZERS OF EVENTS ON THE SITE WITH PAID TICKETS, COMPANY'S (INCLUDING ITS AFFILIATES' AND ITS AND THEIR RESPECTIVE REPRESENTATIVES') MAXIMUM AGGREGATE LIABILITY FOR ALL LOSSES SHALL IN NO EVENT EXCEED THE FEES (NET OF ANY PAYMENT PROCESSING FEES) THAT THE ORGANIZER PAID COMPANY IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO THEIR CLAIM AND (2) FOR ATTENDEES WITH PAID TICKETS THE TOTAL AMOUNT OF ALL TICKETS OR REGISTRATIONS THAT THE ATTENDEE PURCHASED OR MADE THROUGH THE SITE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO THEIR CLAIM.

ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE ON BEHALF OF COMPANY (INCLUDING ITS AFFILIATES AND ITS AND THEIR RESPECTIVE REPRESENTATIVES).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

23. Disclaimer of Warranties

User acknowledges and agrees that We cannot and do not guarantee or warrant that Material or other files available for downloading from the internet or the Site or other Services will be free of viruses or other destructive code. User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Site or other Services for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED UNDER APPLICABLE LAW:

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE REPRESENTATIVES BE LIABLE FOR ANY LOSSES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER'S COMPUTER SYSTEMS, SOFTWARE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USER'S USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE SITE OR TO USER'S ACCESS TO, USE OF OR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT;
THE SITE, OTHER SERVICES, MATERIAL, PRODUCTS, SOFTWARE AND ANY ITEMS OBTAINED ON OR THROUGH THE SITE OR OTHER SERVICES ARE PROVIDED ON AN "AS IS", "WHERE IS"AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, IMPLIED OR OTHERWISE; AND
WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE (INCLUDING WITH RESPECT TO THE SITE, OTHER SERVICES AND MATERIAL). NEITHER THE COMPANY NOR ANY OF ITS REPRESENTATIVES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, USEFULNESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, OTHER SERVICES OR MATERIAL. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF ITS REPRESENTATIVES MAKES ANY REPRESENTATION OR WARRANTY THAT THE SITE, OTHER SERVICES, MATERIAL, RESULTS OR ITEMS OBTAINED ON OR THROUGH THE SITE (OR ANY PART THEREOF) OR OTHER SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, SECURE, USEFUL, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR OTHER SERVICES OR ANY IT SYSTEMS THAT MAKES THE SITE OR OTHER SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY PARTICULAR IT SYSTEM, SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE OR OTHER SERVICES; OR THAT THE SITE, OTHER SERVICES OR MATERIAL WILL OTHERWISE MEET USER'S REQUIREMENTS OR EXPECTATIONS.

USER AGREES THAT IT IS USER'S SOLE RESPONSIBILITY TO:

BACKUP, PROTECT AND PROVIDE ADEQUATE SECURITY FOR USER'S DATA (INCLUDING USER'S END USER CONTRIBUTIONS) AND COMPUTER SYSTEMS;
OBTAIN AND PAY FOR ANY SOFTWARE, COMPUTER SYSTEMS AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE, OTHER SERVICES AND MATERIAL;
ENSURE THAT ANY SOFTWARE, COMPUTER SYSTEMS AND SERVICES THAT USER USES WILL FUNCTION CORRECTLY WITH THE SITE, OTHER SERVICES AND MATERIAL; AND
EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE AND MATERIAL INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SITE, OTHER SERVICES AND MATERIAL. ANY MATERIAL ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE OR OTHER SERVICES IS USED AT USER'S OWN DISCRETION AND RISK. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES (INCLUDING TO USER'S COMPUTER SYSTEM OR LOSS OF DATA (INCLUDING END USER CONTRIBUTIONS)) THAT RESULTS FROM OR IS RELATED TO ACCESSING OR USING THE SITE OR OTHER SERVICES OR ACCESSING, DOWNLOADING, USING OR OBTAINING ANY MATERIAL.

WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE (I) QUALITY, SAFETY, SUCCESS, ACCURACY, OR LEGALITY OF ANY EVENT OR ANY MATERIAL OR OTHER CONTENT ASSOCIATED WITH AN EVENT (INCLUDING ON THE SITE OR OTHER SERVICES), (II) ACCURACY OF ANY INFORMATION PROVIDED BY ORGANIZERS, ATTENDEES OR END USERS (INCLUDING FEEDBACK AND PERSONAL INFORMATION SHARED WITH ORGANIZERS IN CONNECTION WITH EVENTS), OR (III) ABILITY OF ANY ORGANIZER OR ATTENDEE TO COMPLETE A TRANSACTION.

NEITHER WE NOR OUR AFFILIATES NOR OUR OR THEIR RESPECTIVE REPRESENTATIVES SHALL BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTIES INCLUDING THIRD PARTIES THAT HELP US PROVIDE THE SITE OR OTHER SERVICES, THAT AN ORGANIZER CHOOSES TO ASSIST WITH AN EVENT, OR THAT USER CHOOSES TO USE OR CONTRACT WITH WHEN USING THE SITE OR OTHER SERVICES.

SOME EVENTS MAY CARRY INHERENT RISK AND BY PARTICIPATING IN THOSE EVENTS, USER CHOOSES TO ASSUME THOSE RISKS VOLUNTARILY. FOR EXAMPLE, SOME EVENTS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND USER FREELY AND WILLFULLY ASSUMES THOSE RISKS BY CHOOSING TO PARTICIPATE IN THOSE EVENTS.

ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE) ARE MADE FOR THE BENEFIT OF US AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE REPRESENTATIVES AND CONSTITUTE AN ESSENTIAL PART OF THESE TERMS OF USE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

24. Disclaimer & No Legal Advice Notice

USER ACKNOWLEDGES AND AGREES THAT: (1) NONE OF THE SITE, OTHER SERVICES, MATERIAL, OR PRODUCTS MADE AVAILABLE, USED OR OBTAINED ON OR THROUGH THE SITE OR OTHER SERVICES CONSTITUTE, OR ARE INTENDED TO CONSTITUTE, LEGAL ADVICE; (2) USER SHALL NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF THE SITE, OTHER SERVICES, MATERIAL, OR PRODUCTS MADE AVAILABLE, USED OR OBTAINED ON OR THROUGH THE SITE OR OTHER SERVICES WITHOUT SEEKING LEGAL ADVICE OF COUNSEL; AND (3) NEITHER USE OF OR ACCESS TO THE SITE, OTHER SERVICES, MATERIAL, OR PRODUCTS MADE AVAILABLE, USED OR OBTAINED ON OR THROUGH THE SITE, OTHER SERVICES, MATERIAL OR PRODUCTS CREATES AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN USER OR USER'S REPRESENTATIVES AND THE COMPANY OR ITS REPRESENTATIVES. THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ANY ACTION TAKEN OR NOT TAKEN BASED ON ANY OF THE SITE, OTHER SERVICES, MATERIAL, OR PRODUCTS.

25. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM USER MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, OTHER SERVICES, THESE TERMS OF USE, ANY SERVICE AGREEMENT OR MERCHANT AGREEMENT BETWEEN THE COMPANY AND USER MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

26. Governing Law; Jurisdiction for Legal Disputes Not Subject to Arbitration Will Be Handled in Bozeman, MT

For any actions not subject to arbitration, User and the Company hereby irrevocably agree to submit to the personal jurisdiction of a state court located in Bozeman, MT or the United States District Court for Montana including for all matters relating to the Site, other Services, Material, Products and these Terms of Use and any Claim arising therefrom or related thereto. These Terms of Use and the relationship between User and the Company shall be in all respects governed by and construed under the laws of the State of Montana, without giving effect to any choice or conflict of law provision or rule, except that the Federal Arbitration Act governs all provisions relating to arbitration.

27. Dispute Resolution, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT USER'S LEGAL RIGHTS, INCLUDING USER'S RIGHT TO FILE A LAWSUIT IN COURT. Please read it carefully as it provides that User and the Company will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of this section.

We encourage User to contact Us if User has an issue, as most issues can be resolved without the involvement of a court or arbitrator. If negotiations do not resolve any disputes relating to User's use of the Site, other Services, Material, Products or these Terms of Use, User and We agree to this arbitration provision.

Using or accessing the Site, other Services or Material (and otherwise agreeing to the Terms of Use) constitutes User's acceptance of this arbitration provision and User's agreement that any Claims will be resolved by confidential, binding arbitration, rather than in court, except that (i) User or the Company may seek equitable relief in court for infringement or misuse of Intellectual Property Rights; and (ii) User may assert Claims in small claims court if User's Claims qualify.

SUBJECT TO THE FOREGOING, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN USER AND THE COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND USER AGREES THAT THE COMPANY AND USER ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. USER AGREES THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED HEREUNDER AND USER ARE IRREVOCABLY AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. CLAIMS OF MORE THAN ONE END USER, ORGANIZER, ATTENDEE, CUSTOMER, INDIVIDUAL OR ENTITY CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER END USER, ORGANIZER, ATTENDEE, CUSTOMER, INDIVIDUAL OR ENTITY. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this arbitration provision. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The JAMS minimum standards for arbitration procedures are available at https://www.jamsadr.com/consumer-minimum-standards/.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by User or by Us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator's decision will follow the provisions of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use but only to the extent necessary to provide relief warranted by the individual Claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude User from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against Us for User.

For any actions not subject to arbitration, User and the Company hereby irrevocably agree to submit to the personal jurisdiction of a state court located in Bozeman, MT or the United States District Court for Montana including for all matters relating to the Site, other Services, Material, Products and these Terms of Use and any Claim arising therefrom or related thereto. These Terms of Use and the relationship between User and the Company shall be in all respects governed by and construed under the laws of the State of Montana, without regard to its conflict of law provisions, except that the Federal Arbitration Act governs all provisions relating to arbitration.

28. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

29. Entire Agreement; Construction

The Agreement constitutes the sole and entire agreement between User and the Company regarding the Site, other Services, Material and Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site, other Services, Material and Products (subject to the (a) PSA at https://www.eventgroove.com/professional-services-agreement for onsite, professional and other services; (b) Terms and Conditions of Sale at for merchandise and other physical products including custom products; and (c) End User License Agreement (EULA) at for software including social media templates). Any agreement between User and any of the Company's Partners shall not: (a) modify any terms or conditions of these Terms of Use or of the Agreement or (b) create any obligation for or otherwise bind the Company or any of its Representatives. Neither these Terms of Use nor the Agreement create, and neither shall be construed to create, any partnership, joint venture, employer-employee, agency, fiduciary or franchisor-franchisee relationship between User and Company. For purposes of the Agreement, (a) the words "include," "includes," and "including" shall be deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," and "hereunder" refer to the Agreement as a whole; and (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa.

30. Term; Termination

These Terms of Use shall take effect upon the earlier of (a) User's acceptance of these Terms of Use in an Order Form or (b) User's use of the Services. These Terms of Use will remain in effect for the term set forth in the Order Form unless and until terminated by either User or Eventgroove. User may terminate these Terms of Use at any time provided that User discontinues any further use of the Services. We also may terminate these Terms of Use at any time and may do so immediately without notice if in our sole discretion User does not comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either User or Eventgroove, User must promptly destroy all Material downloaded or otherwise obtained from the Services as well as all copies of such Material. The following sections will survive any termination or expiration of these Terms of Use: 3 (Accessing the Site or Other Services), 6 (Fees, Pricing and Payment), 7 (Payments and Processing), 13 (End User Contributions), 14 (Monitoring and Enforcement), 21 (Indemnification), 22 (Limitation on Liability), 23 (Disclaimer of Warranties), 25 (Limitation on Time to File Claims), 26 (Governing Law; Jurisdiction for Legal Disputes), 27 (Dispute Resolution, Arbitration and Class Action Waiver), 29 (Entire Agreement; Construction); and 30 (Term; Termination).

31. Copyright Infringement; User's Comments and Concerns

The Company respects the intellectual property rights of others, and We ask User and all other individuals and Entities using the Site or other Services to do the same. If User believes that User's copyrighted work has been copied and is accessible on the Site or other Services in a way that constitutes copyright infringement, please send a notice to the Company's Copyright Agent containing the following information:

the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
a description of the copyrighted work that User claims has been infringed and a description of the infringing activity;
a description of where the material that User claims is infringing is located, such as the URL where it is Posted;
User's name, address, telephone number, and email address;
a statement by User that User has a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
a statement by User, made under penalty of perjury, that the above information in User's Notice is accurate and that User is the copyright owner or are authorized to act on the copyright owner's behalf.

The Company's Copyright Agent for notice of claims of copyright infringement can be reached at:

Elk River Systems, Inc. DBA Eventgroove
22 S Central Ave.
Harlowton, Montana 59036
United States
Attention: Copyright Agent
support@eventgroove.com.

All other feedback, comments, requests for technical support, and other communications relating to the Site or other Services should be directed to: support@eventgroove.com