Last Updated: March 21, 2017
This Policy describes the information that we gather from you on the Service, how we use and disclose such information, and the steps we take to protect such information. By using the Service, you consent to the privacy practices and terms of service described in this Policy.
What information do we collect on the Service?
- User-provided Personal Information. When you use the Service, you may provide and we may collect what is often called personally identifiable information which is information that specifically identifies an individual. For the purposes of this Policy, we refer to such information as “Personal Information.” Examples of Personal Information include an individual’s name, email address, mailing address, mobile phone number, and credit card or other billing information. Personal Information may also include other information, such as an individual’s date of birth, geographic area, or preferences, when that information is linked together with Personal Information that identifies a specific individual. You may provide us with Personal Information in various ways on the Service. For example, you provide us with Personal Information when you register for an account, use the Service, make a purchase on the Service, or send us customer service-related requests.
- Cookies and Automatically Collected Information. When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help" file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to use the Service to its fullest potential.
We may also automatically record certain information from your device by using various types of technology, including “clear gifs" or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with your Personal Information.
- Location Information. We may obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet).
- Information from Other Sources. We may obtain information, including Personal Information, from third parties and sources other than the Service, such as our customers, partners and advertisers. If we combine or associate information from other sources with Personal Information that we collect through the Service, we will treat the combined information as Personal Information in accordance with this Policy.
How do we use the information we collect?
We use information we collect on the Service in a variety of ways in providing the Service and operating our business, including the following:
- We use the information that we collect on the Service to operate, maintain, enhance and provide all features of the Service, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time on the Service.
- We use the information that we collect on the Service to understand and analyze the usage trends and preferences of our users, to improve the Service, and to develop new products, services, features, and functionality.
- We may use your email address or other information we collect to contact you for administrative purposes such as customer service or to send communications, including updates.
When do we disclose information?
Except as described in this Policy, we will not disclose your information that we collect on the Service to third parties without your consent. We may be required to disclose personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:
- Any information that you voluntarily choose to include in a publicly accessible area of the Service will be available to anyone who has access to that content, including other users.
- Certain event managers will release, and publish on-line, pre-race rosters which may include all or part of the following information: your first and last name, gender and age or age group in which you have registered to participate. These pre-race rosters will be accessible by the public.
- We work with third party service providers to provide website, application development, hosting, maintenance, and personal information data management services, and other services for us. These third parties may have access to or process your information as part of providing those services for us. Generally, we limit the information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
- We may disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
- We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
- Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
- We may make certain aggregated, automatically-collected, or otherwise non-Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
What are your choices?
You may, of course, decline to share certain Personal Information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. We acknowledge the individual’s right to access their personal data. You may review, update, or correct your account information and preferences at any time by accessing your account preferences page on the Service. If you wish to access or amend any other Personal Information we hold about you, you may contact us at email@example.com. Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending your request to us by email at firstname.lastname@example.org or by writing to us at the address given at the end of this policy. International Users, in compliance with their local laws may be required to expressly consent and/or opt-in prior to receiving commercial email or other forms of electronic communication from us. Please be aware that if you opt out of receiving commercial email from us or otherwise modify the nature or frequency of promotional communications you receive from us, it may take up to ten business days for us to process your request, and you may continue receiving promotional communications from us during that period. Additionally, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
Your device operating system or browser may include settings, options, or add-on components to control the placement and presence of cookies and access to location information.
We use Google Analytics to collect and process certain analytics data; Google provides some additional privacy options described at www.google.com/policies/privacy/partners/.
We may use Third-Party Services.
The Service may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through the Service. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to learn about third parties’ privacy and security policies before providing them with information.
What is our policy regarding children?
Protecting the privacy of young children is especially important. Our Site is a general audience site not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Information has been collected on the Service from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Service, then you may alert us at email@example.com and request that we delete that child’s Personal Information from our systems.
What is our Data Security Policy?
We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of Personal Information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that your information will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs.
Are you an International Visitor?
The Service is hosted in the United States. If you choose to use the Service from Canada, the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your Personal Information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including Personal Information, on or to the Service, you consent to such transfer, storage, and processing.
If you are an international user, and you have appropriately indicated to us that you are an international user (i.e. using the Services from outside of the United States), then you may not receive commercial email from us, unless you expressly opt in and consent to receive such commercial email, or other electronic communications, in compliance with your local laws, such as the Canada’s Anti-Spam Legislation.
We may change and update this Policy.
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available through the Service, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Your continued use of the Service after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.
Are you a California Resident?
Residents of California have the right to request a disclosure describing what types of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding calendar year. You may request a copy of that disclosure by contacting us at firstname.lastname@example.org.
We respond to your questions, concerns and complaints about privacy
Events.com will investigate all complaints and will take all reasonable steps to resolve privacy-related issues. Please contact us with any questions or comments about this Policy, your Personal Information, our use and disclosure practices, or your consent choices by email at email@example.com.
Attention: Privacy Compliance / Corporate Counsel
12255 El Camino Real Suite 210
San Diego, CA 92130
- Subject to Additional Terms
- Code of Conduct
- Ownership and Restrictions on Use
- Making Purchases
- Charges and Billing
- Information Provided by Events.com
- Forums and User Content
- Digital Millennium Copyright Act
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:Events.com, Inc., 10955 Vista Sorrento Parkway Suite 100, San Diego, CA 92130.E-mail: firstname.lastname@example.orgAny notice alleging that materials hosted by or distributed through the Site or Services infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Repeat Infringers. Events.com will promptly terminate without notice the accounts of users that are determined by Events.com to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Site or Services more than twice.
- Access by Minors
- Rules for Sweepstakes, Contests and Games
- Suspected Violation of these Terms or Law; Injunctive and Equitable Relief
- Disclaimers; No Warranties
- Limitation of Liability
- Arbitration Agreement; No Class Action
- Connectivity; Mobile Use
- Applicable Law
- U.S. Export Controls
- Questions and Complaints
You may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, you may be required to register with Events.com and select a password and screen name (your “registration”). You are responsible for maintaining the confidentiality of your registration. You shall not (i) select or use as your registration a name of another person with the intent to impersonate that person; (ii) use as your registration a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your registration a name that is otherwise offensive, vulgar or obscene. You shall be responsible for all uses of your registration, whether or not authorized by you. You will immediately notify Events.com in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You also agree to: (i) provide true, accurate, current and complete information about yourself to Events.com, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Events.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Events.com may immediately suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof) by you in its sole discretion. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password to the Site and immediately notify us of the problem by contacting us at email@example.com. In the event of any dispute between two or more parties as to account ownership, you agree that Events.com will be the sole arbiter of such dispute in its sole discretion and that Events.com’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
In connection with providing User Content (as defined in Section 10 below) and your use of the Site and Services, you agree that you will not, nor permit anyone else to, indirectly or directly:
upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); submit information that includes non-public personal or identifying information about another person without that person’s explicit consent; upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; access or attempt to access parts of the Site for which you are not authorized by Events.com, circumvent or attempt to circumvent any security or password protection on the Site, access the Site by any means other than through the interface that is provided and authorized by Events.com; modify any software for the Site in any manner or form, nor use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site; use the Site or Materials for any unlawful purpose;
express or imply that any statements you make are endorsed by us, without our prior written consent;
impersonate any person or entity, whether actual or fictitious, including any employee or representative of Events.com; forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site; transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); use the Site to harm minors in any way; engage in spamming or flooding; transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site; remove any copyright, trademark or other proprietary rights notices contained on the Site; “stalk” or otherwise harass another; link to any page of or content on the Site without written authorization; use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site; harvest or collect information about Site visitors or members without their express consent; take any action that imposes or may impose (in Events.com’s sole discretion) an unreasonable or disproportionately large load of data, information, or queries on our (or our third party providers’) infrastructure; share use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in any offer on the Site if you are not the original recipient of such passcode or password;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; and/or
violate any applicable local, state, national or international law or any regulations having the force of law.
Owned by Events.com. The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Events.com or its licensors, and are intended to educate and inform you about the events and other products and services offered or described on the Site. The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Events.com and will remain the exclusive property of Events.com. You acknowledge that the Site is protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials. You shall not challenge, contest or otherwise impair Events.com’s ownership of the Site and the content therein.
Trademarks. The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Events.com and Events.com’s advertisers, licensors, suppliers and others. The Trademarks owned by Events.com, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Events.com, in any manner that is likely to cause confusion with customers, or in any manner that disparages Events.com. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Events.com, Events.com’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Events.com will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. You may make comparative or other nominative fair use of Trademarks owned by Events.com in advertising and promotional materials, and in referring to Events.com’s products and services (for example, in a magazine article) without Events.com’s permission, provided you follow standard trademark usage practices and provide proper attribution to Events.com. Other uses that are not “fair use” require written permission from Events.com, and absent such express permission, you agree not to use or display the Trademarks owned by Events.com in any manner. Please make such requests by email to firstname.lastname@example.org; we will evaluate your request as soon as possible.
Your Representations and Warranties. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, payment card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use payment cards belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses.
Problematic Transactions. If we are unable to verify or authenticate any information you provide 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 your payment card or bank account information, your event registration may be cancelled, we may refuse to honor all pending and future purchases made on such payment card accounts and/or on any online accounts associated with such payment card accounts, and you may be prohibited from using the Site.
Third Party Offerings. Descriptions or images of, or references to, third party products, services, or Events on the Site do not imply Events.com’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to Events.com’s acceptance of any order. Price and availability of any product or service are subject to change without notice.
Changes in Fees. Events.com reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Events.com does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Events.com posts such modification on the Site. Events.com also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel your account or any associated optional or upgraded services therefore at any time, but Events.com will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.
Third Party Sellers. Parties other than Events.com provide services, or sell products or access to their Events on the Site. You may order services or merchandise through the Site from other persons not affiliated with Events.com (“Seller”). All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Events.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Events.com, nor will Events.com be construed as, a party to such transactions, whether or not Events.com may have received some form of revenue or other remuneration in connection with the transaction. You agree that Events.com will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals. Events.com does not assume any responsibility or liability for the actions, product or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. It is the responsibility of the Event organizer to communicate its refund policy to you and to issue refunds to you via the Site or otherwise. You understand and agree that Event organizers reserve the right to cancel Events for various reasons, including, without limitation, in the event of weather events (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that would affect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of your payment unless authorized by the Event organizer. If you want to request a refund, you must request the refund directly from the Event organizer. To the extent that an Event is cancelled or does not meet your expectations for any reason, you must contact the Event organizer and your sole and exclusive remedy with respect to the Event is with the Event organizer and not with Events.com. All communications or disputes regarding refunds are between the Event organizer and you. Events.com will not be responsible or liable in any way for refunds, errors in issuing refunds or lack of refunds in connection with an Event. In addition, Events.com is not responsible for the truth or accuracy of any listings by Event organizers or the ability of any Event organizer to perform, hold an Event, or complete a transaction. Notwithstanding the foregoing, you may report the misconduct of Event organizers and/or third parties in connection with the Site or any Services to us, and we, in our sole discretion, may investigate the claim and take action.
When you make a donation, Events.com receives a fee for the use of our technology without any additional charge to you. Donations collected by Events.com will be sent in regular intervals to the designated charitable organization in accordance with contract and applicable law, less Events.com’s fee. Any refunds shall be exclusively and directly handled by the designated charitable organization. Events.com shall not be responsible for processing or making any refunds.
No Guarantee. Although Events.com strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site are subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Events.com endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
No Endorsement. In addition, portions of the Materials have been contributed to the Site by various artists, sports teams and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and Events.com expressly disclaims any liability with respect to the foregoing.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER EVENTS.COM NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EVENTS.COM SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR ANY LINKED SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR ANY LINKED SITE; (III) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH EVENTS.COM; (IV) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY EVENTS.COM; (V) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF EVENTS.COM; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED SITE; (VIII) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODE OF CONDUCT; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (X) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (XI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE; (XII) ANY FAILURE OF AN EVENT ORGANIZER TO HONOR A REGISTRATION OR REFUND A REGISTRATION FEE; (XIII) THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED ON THE SITE; (XIV) THE TRUTH OR ACCURACY OF ANY CONTENT OR EVENT LISTINGS ON THE SITE; AND/OR (XV) ANY OTHER MATTER RELATING TO THE SITE, OR EVENTS.COM PRODUCTS OR SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF EVENTS.COM, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF MONIES RECEIVED BY EVENTS.COM FROM YOU OR $100 USD.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Method of Asserting Claims. All Claims for indemnification by Events.com will be resolved as follows:
(a) If any Claim is asserted against or sought to be collected from Events.com by a third party, Events.com shall promptly notify You of the Claim in writing, in reasonable detail (the “Claim Notice”). Your obligation to indemnify Events.com is not conditioned on Events.com’s giving the Claim Notice unless the failure to give the Claim Notice prejudiced You in its defense of the Claim.
(b) You have 15 calendar days after the mailing of the Claim Notice (the “Notice Period”) to notify Events.com (i) whether You dispute its liability to Events.com with respect to the Claim; and (ii) whether You desire, at your sole cost and expense, to defend Events.com against the Claim. During the Notice Period, Events.com may file any motion, answer, or other pleading that it deems necessary or appropriate to protect its interests or Your interests and that is not prejudicial to You.
(c) If You notify Events.com within the Notice Period that You desire to defend Events.com against the Claim, You have the right to defend the Claim by all appropriate proceedings. Events.com may retain separate counsel to monitor or participate in, but not control, any defense or settlement. Events.com must cooperate with You and its counsel in defending against the Claim. No Claim may be settled without Your consent, which will not be unreasonably withheld or delayed.
(d) If You fail to defend or indemnify Events.com after Events.com gives the Claim Notice, Events.com may, but is not under any obligation to, in addition to all other rights that Events.com may have, undertake the defense of, or to compromise or settle, the Claim for the account of and at the risk of You.
(e) You shall reimburse Events.com for its reasonable attorney fees, accounting fees, expert witness fees, costs, and expenses (including Events.com’s fees, costs, and expenses incurred by monitoring, participating in, or cooperating with any action, compromise, or settlement) within 30 calendar days after Your receipt of a statement of such fees, costs, and expenses. If the Claim cannot be defended solely by Events.com, You shall provide, at no cost or expense to Events.com, all information and assistance that Events.com may reasonably request.
Generally. In the interest of resolving disputes between you and Events.com in the most expedient and cost effective manner, you and Events.com agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EVENTS.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Notwithstanding subsection 20.1, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Arbitrator. Any arbitration between you and Events.com will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Events.com.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Events.com’s address for Notice is: Events.com, Inc., 10955 Vista Sorrento Parkway Suite 100, San Diego, CA 92130. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Events.com may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Events.com shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Events.com shall pay you (i) the amount awarded by the arbitrator, if any, or (ii) $100.00, whichever is greater. If the amount awarded by the arbitrator is less than the last written settlement amount offered by Events.com in settlement of the dispute prior to the arbitrator’s award then you agree that you shall not recover reasonable attorney’s fees, if such are recoverable.
Fees. In the event that you commence arbitration in accordance with these Terms, Events.com will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Diego County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Events.com for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND EVENTS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Events.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications. In the event that Events.com makes any future change to this arbitration provision (other than a change to Events.com’s address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Events.com’s address for Notice, in which case your account with Events.com shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
Enforceability. If Subsection 20.6 is found to be unenforceable or if the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 22 shall govern any action arising out of or related to these Terms.
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