Terms and Conditions
Article I. GENERAL TERMS AND CONDITIONS
Welcome to Event Integrity. This website, and the EIPIC® certification process are propriety to Event Integrity, LLC (hereafter referred to as “Event Integrity,” “we,” “us,” or “our”). Event Integrity works to connect event professionals and event buyers/hosts via an online, community marketplace, and to certify professionals and businesses in the event industry as operating with integrity. Event Integrity provides the Services (defined below) to You subject to the following Terms and Conditions (“T&C”), which may be updated by us from time to time without notice to you. We encourage you to review it periodically. You can review the most current version of the T&C at any time at: https://www.eventintegrity.com/privacy-policy-terms-conditions
By accessing and using our websites or Services, You accept and agree to be bound by the terms and provisions of the T&C. Event Integrity reserves the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time or to suspend, amend, modify, or discontinue Services altogether, or in part. If our Service(s) are changed, modified, suspended or discontinued, we will post the changes on this page, indicating at the bottom of this page, the date the terms that were revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except for changes addressing new functions of the Services or websites, or changes made for legal reasons, which will become effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION RATHER THAN IN A COURT OF LAW, AND FURTHER: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST EVENT INTEGRITY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU WILL BE PERMITTED TO ONLY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. under Colorado law, punitive damages, appeals, and jury trials are not available in arbitration. By agreeing to these T&C you accordingly waive any trial by judge or jury or right of appeal. Judgment upon the award rendered by the arbitrator may be entered in any court having appropriate jurisdiction.
Section 1.01 ACCESS AND USE OF THE SERVICES
1. DESCRIPTION OF SERVICES
The following describes our services (the “Services”).
Event Integrity provides users with access to a rich collection of resources designed and aspiring to provide consumers a trusted resource for event industry news, and providing marketing, advertising, lead generation, business networking, a community marketplace, and other business and commercial services for Event Professionals such as Vendors, Venues, Suppliers ("Event Professionals”), their clients and related parties ("Clients"), and the Clients' various other Vendors, Venues and Suppliers ("Vendors"). Event Integrity may connect Clients and Event Professionals or Vendors for the purpose of purchasing or consuming goods and services offered by Event Professionals and Vendors. Clients may use the Services to find, hire, and work with Event Professionals, Venues, Suppliers or Vendors to help with planning their events. Vendors may use the Services to promote and provide their goods and services to Clients. Event Integrity offers a number of membership and certification options, each of which is expressly subject to these T&C.
A. Community Marketplace, Vetting Services Report, and Qualified Leads.
i. Community Marketplace – Event Integrity has created a community marketplace where Clients, Event Professionals, Vendors, and Venues may seek one another out for commercial purposes. Users may generally participate in the Event Integrity’s community marketplace (the “Community Marketplace”) without paying a fee by applying for membership in one of our membership levels. All users of the Community Marketplace agree to abide by our Pledge (available at https://www.eventintegritycommunity.com/). In accessing or using the Community Marketplace you specifically agree to: (1) manage your business legitimately; (2) work with other legitimate businesses; (3) help to educate on the value of a professional; and (4) work toward making a positive impact in the event industry. If You are unwilling to take the pledge, You shall not use or access the Community Marketplace in any form or at any time.
ii. Vetting Service Reports - As part of our Services, we may issue a report detailing or comparing specifics or information of one or more Event Professionals or Vendors (a “Vetting Services Report”). Vetting Services Reports are intended for informational purposes only. They are not intended to, nor should they, replace a Client’s independent judgment regarding the retaining of any particular Event Professional or Vendor, which is a decision left to the Client’s sole and exclusive discretion.
iii. Qualified Leads – All membership levels have access to our Qualified Leads, and will elect whether to opt-in when beginning a new membership. You may opt out of future participation at any time by emailing an opt-out request to: firstname.lastname@example.org. After joining one of our membership levels, when a potential event client files a request for proposals for a need in your area of expertise and your business meets their criteria, we will send You an “Opportunity Notice,” communicated by reasonable means. You then have the opportunity to respond to the Qualified Lead through the Opportunity Notice and our website. We do not charge for presenting these Qualified Leads and Opportunity Notices to you. The potential client at the source of the Qualified Lead will receive up to three proposals from parties responding to Opportunity Notices and the Qualified Lead at no cost to the potential client. Proposals are communicated to the potential client according to the client’s needs, the responding business’ profile and expertise, and the time the business takes to reply to the Opportunity Notice. Leads will be presented to the potential client, generally within 72 hours. We reserve the sole and exclusive discretion to determine which businesses are proposed to the potential client. Potential clients may receive in excess of three proposals for any single request for a fee. Additional matches to a Qualified Lead will seed on a waitlist intended to provide the potential client more options should the initial options ultimately not meet the client’s needs. Charges applicable to the Qualified Leads originate with your response to the Qualified Lead. You will be charged for each Qualified Lead You approve/respond to, regardless if that lead ultimately results in any proposal from the potential client or actual work for you. The charge for each Qualified Lead approval/response shall be according to the terms and price levels of your membership plan. By approving/responding to a Qualified Lead, You agree to pay and be liable for the fee associated with it. The fee for the Qualified Lead is paid in advance of You connecting with the potential client.
Your ability to respond to certain Qualified Leads or Opportunity Notices may be limited, in our sole and exclusive discretion, in any manner, including to those areas of expertise or services consistent with your certification or Event Integrity profile. All Qualified Leads will include all or some of the following information (the “Qualified Lead Information”): (1) the potential client’s industry segment, (2) an event description, (3) the projected audience, (4) the client’s budget, (5) any special requirements, (6) the location of the event, and (7) any additional information particular to the potential client.
All Qualified Leads have been verified, meaning they are an actual, potential client in need of event professional services of some type. Event Integrity does not take any responsibility or liability for the conduct or financial viability of potential clients. As always, You should have appropriate protections in place to ensure payment and other obligations are met when working with clients or other third-parties identified through Event Integrity’s Services or websites. The nature and scope of your work with any given client is a matter of your sole and exclusive discretion.
You may also provide Event Integrity with Qualified Leads through our website. To do so, we require you to provide each of the seven elements of the Qualified Lead Information listed above for a potential client. We will then put the Qualified Lead out into the marketplace for our other Vendors and Event Professionals. For each Qualified Lead you provide that results in a match, we will send you a $50 promotional gift card for personal, family, or household use. These gift cards are not marketed to the general public and are only available to members who provide Qualified Leads. The type, nature, amount, and scope of this promotional gift card program may be changed at any time, in any way, and in our sole and exclusive discretion. gift cards cannot be resold or reloaded. You are independently responsible for any fees or taxes associated with receipt of a gift card. Gift cards are non-refundable, non-transferable and may not be exchanged for cash. We do not charge any fees associated with the gift cards.
We aspire to have certified Event Professionals and Vendors that represent the highest standards in the events industry. We offer several different levels of certification, depending on the applicant’s level of involvement and experience. For more information, please see here. Applicants may be certified at an Apprentice (Pro 1), Staff (Pro 2), Business Certification (Pro 3), or Trusted Educator (Pro 4) level. By applying for certification, each applicant agrees to be governed by the terms of the certification level the applicant applies for, including price and duration of the certification, as detailed on our website. Members may verify the certification status of a particular business at any time by searching at www.EventIntegrity.com.
When applicants submit an application for certification they must submit information needed for their respective category. From there, our Operations Team will look at a combination of public and private data to screen and verify the accuracy of the information the applicant submitted. By applying for certification, You promise and agree all information You provide is true and accurate. We reserve the right to determine an applicant’s eligibility in our sole and exclusive discretion. Not all who apply will become certified, and by participating, we do not guarantee You or your entity will be certified. However, when an individual or business has applied to become certified and there are unsatisfactory practices discovered, information, and in some cases, coaching, is provided to the applicant so You may attempt to remedy the issue and work towards successful certification. Our certification provides businesses and individuals a measurable means to separate yourself from competitors who may not operate with integrity.
By applying for certification, You consent to participation in our paid, certification process. If You do not wish to participate in our certification process, or should You have additional questions, DO NOT complete registration with Event Integrity or our Services at this time. Should You wish to opt out of future participation at any time, thereby relinquishing your certification benefits, please email an opt-out request to: email@example.com - Thank you!
C. Event Integrity Task Force.
Event Integrity provides users access to information about and created by the Event Integrity Task Force (“EITF”) (https://www.eventintegrity.com/task-force-about), a membership level and inclusive policy making arm of Event Integrity. Results created by the EITF are generally open to the public. The EITF itself is comprised of hand-selected event industry leaders who meet virtually to discuss and strategize solutions for event industry issues. These Terms of Service apply equally to your use of any websites or information related to the EITF, as well as to any EITF member’s use of Event Integrity’s websites and Services, and any conduct undertaken in accord with the EITF.
You understand and agree that our Services are provided "AS-IS" and neither Event Integrity, nor the EITF, or any individual member, representative, affiliate, agent, or assigns of either assumes any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. For more information, please see the section on DISCLAIMER OF WARRANTIES below.
You are solely responsible for obtaining access to Event Integrity or the EITF, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are solely responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, You must provide and are responsible for all equipment necessary to access our Services or perform services originating through the use of our websites or from our Services. You understand the technical processing and transmission of our Services, including your information and content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
2. YOUR REGISTRATION OBLIGATION
You may be required to register or enter into a membership with Event Integrity in order to access and use certain features of the Services. In submitting any information to our websites or in connection with the use of our Services, You agree at all times to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration forms (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. As detailed above, if You choose to enter, use or access our Community Marketplace, You agree to: (1) manage your business legitimately; (2) work with other legitimate businesses; (3) help to educate on the value of a professional; and (4) work toward making a positive impact in the event industry. By applying for or maintaining an Event Integrity certification, or by being a member of the EITF, You certify: (a) You are operating a legitimate business in your respective state within the United States of America; (b) You understand and follow all rules and regulations related to your area of expertise, according to your jurisdictional rules, regulations and policies; and (c) You will abide by the Community Code of Ethics (as described below, “Event Integrity Community Code of Ethics”). In consideration of your use of our Services, You represent You are of legal age to form a binding contract and are not a person barred from receiving our Services under the laws of the United States or other applicable jurisdictions, such as the European Union. If You are under 13 years of age, You are not authorized to use the Services, with or without registering. If You are between the ages of 13 and 18 years old, You may use the Services, with or without registering, only with the approval of your parent or legal guardian. In consideration of the use or access to our websites or Services You specifically agree that if You provide any information that is untrue, inaccurate, not current, incomplete, or Event Integrity has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or if You otherwise fail to meet any of the above, applicable elements, Event Integrity has the unlimited and exclusive right to suspend or terminate your account and refuse any and all current or future use of our websites or Services (or any portion of them).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing Event Integrity’s Services registration process. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (a) immediately notify Event Integrity of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Event Integrity will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. MODIFICATIONS TO SERVICES
Event Integrity reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Event Integrity will not be liable to You or to any third-party for any modification, suspension, or discontinuance of the Services.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Event Integrity may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Event Integrity's or its agents’ or business partners’ servers on your behalf. You agree that Event Integrity has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Event Integrity reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Event Integrity reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
7. MOBILE SERVICES
The Services includes certain services that are available via a mobile device, including: (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the websites from a mobile device; and, (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent access to the Services is through a mobile device, wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, You agree that we may communicate with You regarding Event Integrity and other entities by SMS, MMS, text message, email, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
In the event You change or deactivate your mobile telephone number, You agree to promptly update your Event Integrity account information to ensure that our messages are not sent to the person that acquires your former telephone number.
8. BETA PROGRAMS
For those individuals or businesses applying for certification or participation in our Community Marketplace, we may request You participate in a Beta program, focus group, or otherwise ask for input regarding new features from time to time. Specific terms related to your participation will be outlined in an offer to participate and participation is not required.
As we expand, we will adapt our certification program and Community Marketplace in the interests of making them more strategic and more competitive. It is no secret; technology is causing major shifts and new demands in the event industry. As these advances continue, we are faced with new challenges in the industry as we adapt and work to continue the tried and true tasks that remain critical to success in the industry. Participating in our beta programs will provide You a voice to enhance the community offerings to best fit your goals.
Section 1.02 COMMUNITY CODE OF ETHICS
Trust is the core value of Event Integrity's mission and vision. Our mission is to serve as the trusted, recognized source to foster, find, and hire Event Professionals and businesses operating with integrity. The vision is solely focused on raising the bar to increase integrity within the event industry. Integrity is best identified in the things businesses and people do when others are not watching. The Event Integrity team holds itself to the same high standards the event industry needs and deserves, and we are committed to building something bigger than any one piece of the market. To do this, all certified Event Professionals, Vendors and Venues are expected to conduct services honorably and honestly and expect the same of their peers within the certified community. Certification is not permanent. Should the integrity of a certified member in the Event Integrity network be questioned, Event Integrity will explore the concerns and provide the certified member an opportunity to address or remedy the situation. In some cases, the remedy may require the removal of an Event Professional, Vendor or Venue from the marketplace. Any certified members that require removal from the community shall not be refunded any certification or application fees. Event Integrity has developed an algorithm to accurately predict which event businesses operate with integrity.
The Event Industry Professional Integrity Certification, also known as EIPIC, is an objective, tested method intended to identify reputable businesses. Annual recertification is required to ensure ongoing compliance. Zero tolerance for acts of proven dishonesty or fraudulent conduct is strictly maintained. Event Integrity expects businesses applying for certification to do so with sincerity, truthfulness, and trustworthiness. All industry negotiations and activities shall be managed utilizing legal means. Event Integrity does not offer ratings, reviews, or the ability to buy placements on our websites. Vendors, Venues and Suppliers certified on our websites (“Trusted Event Pros”) have demonstrated they are honest, and their business practices contain evidence of integrity. The Vendors, Venues and Suppliers listed on our websites and within our Community Marketplace represent the best in the market and demonstrate businesses that operate with integrity and are positively contributing to the industry as a whole. At Event Integrity, we aspire to raise the bar by celebrating Event Professionals with integrity and providing consumers a trusted marketplace.
Section 1.03 APPLICATION CONSENT AND RELEASE OF LIABILITY
This section applies to those individuals or entities who apply to Event Integrity for certification. All applicants, including those applying for the first time and those renewing their certification, attest to the following:
(a) As an authorized agent of the applicant, I attest the entire application, statements, attachments, and supporting schedules are true and correct to the best of my knowledge and belief, and that this statement is executed with the knowledge that misrepresentation or failure to reveal information requested by Event Integrity may be deemed sufficient cause for the refusal to issue certification by Event Integrity.
(b) Further, I am aware that later discovery of an omission or misrepresentation made in the above statements may be grounds for the denial of or the revocation of the certification. I’m voluntarily submitting this application on behalf of the applicant to Event Integrity. I further consent to any fact checking or verification of information that may be necessary to determine the present and continuation of certification or its renewal, and that this consent continues as long as the applicant’s certification is being processed by Event Integrity, and during the time I am granted certification.
(c) Additionally, I understand that further information may be requested of the applicant regarding this application, and the applicant agrees to supply such information upon request. I also agree that Event Integrity, its affiliates, officers and assigns, shall be entitled to collect from the applicant all expenses incurred in or created by this certification application, or in pursuing any other remedy provided by law or defense to any claims hereunder, including, but not limited to, reasonable attorney fees and costs. On behalf of the applicant, I hereby authorize Event Integrity, their employees, affiliates, and other agents to provide any and all such information deemed necessary by Event Integrity. I understand by submitting my application, or renewing my certification, that I am providing this authorization on behalf of the applicant, and authorize Event Integrity to review financial, tax, and other municipal, state and federal obligations of the applicant.
(e) Event Integrity, their employees, affiliates, and other agents shall not be held liable for the receipt, use, or dissemination of inaccurate information. I, on behalf of the applicant, as an authorized representative, hereby release, waive, discharge, and agree to hold harmless, and otherwise waive liability as to Event Integrity, their employees, affiliates, and other agents for any damages resulting from any use, disclosure, or publication in any manner, other than a willfully unlawful disclosure or publication, of any material or information acquired during the certification process, and hereby authorize the lawful use, disclosure, or publication of this material or information.
(f) I hereby authorize Event Integrity to obtain, receive, review, copy, generalize, or discuss any information or documents relating to or concerning the applicant. Said applicant understands that it is seeking certification, which is a privilege, and acknowledges that the burden of proving its qualifications for a favorable determination is at all times on the applicant. Said applicant accepts any risk of adverse public notice, embarrassment, criticism, reputational harm, or other action of financial loss that may result from action with respect to this application, and releases Event Integrity from any harm or liability for the same.
Section 1.04 SERVICE LEVEL AGREEMENT
This SLA applies only to our websites and Services, including the EITF, and does not apply to any professional services provided by third-parties through Event Integrity or its websites.
Unless otherwise provided herein, this SLA is subject to the provisions of the TOS. We reserve the right to change the terms of this SLA in accordance with the TOS at any time.
1. EVENT INTEGRITY PLATFORM; limitation on vetting services reports
Event Integrity offers a platform that helps connect Clients, Suppliers, Vendors, and Event Planners ("Event Integrity Platform"). Event Integrity is not a party to any agreement between Clients and Vendors, Vendors and Event Planners, or Clients and Event Planners. All dealings are solely between the respective parties, and Event Integrity will have no liability for any interactions between Clients, Vendors or Event Planners. Any reports a client receives as part of a vendor vetting process (collectively, “Vetting Services Reports”) solely reflect Event Integrity’s opinions as to the nature and quality of the subject vendors based on information we collect related to those vendors. A Vetting Services Report is in no intended to, nor should it replace your independent judgment as to the quality or services of any particular vendor, or whether You should ultimately retain that vendor. You agree You are solely and individually responsible for determining whether to retain a vendor, and for any claims, damages, costs, or losses, regardless of the form of the cause of action, including attorney fees and court costs, in any way related to your hiring of any particular vendor. You agree Event Integrity and the EITF will not be liable for any such claims or damages, and You further agree not to pursue any similar claims, regardless of the cause of action, or to seek any damages from Event Integrity, the EITF, or its affiliates successors or assigns, related to your use of the Services, your use or reliance on a Vetting Services Report, or the retaining of any vendor based on any information obtained from Event Integrity, the EITF, or through Event Integrity’s websites or other communications (including for the EITF).
Event Integrity is similarly not responsible for any contracts or proposals between Clients, Event Planners, and Vendors (or any combination thereof) (collectively, "Vendor Contracts") that You upload to our websites or Services other than making such Vendor Contracts available for review and signature (including e-signature) as authorized by You.
Notwithstanding the foregoing, should Event Integrity decide to start facilitating payment transactions between Clients and Venues, Vendors or Suppliers through the Event Integrity marketplace, Event Integrity shall serve as the limited authorized agent of the Vendor, venue or supplier certified by Event Integrity, for the purpose of accepting payments from Clients on behalf of Vendors, Suppliers and Venues and is responsible for transmitting such payments to the Vendor, venue or supplier. Each Vendor, venue or supplier hereby appoints Event Integrity as the its limited agent solely for the purpose of collecting payments made by Clients on behalf of the Vendor, venue or supplier. Event Integrity has no control over and does not guarantee the existence, quality, safety, or legality of any goods or services advertised by any Vendor, venue, or supplier, the truth or accuracy of any advertisements; the ability of Vendor, venue or supplier to sell goods or services; the ability of Clients to pay for any goods or services; or that a Vendor, venue or supplier or Client will actually complete a transaction. Event Integrity does not warrant or guarantee that any goods or services offered through the Service will meet a Client's requirements.
2. MEMBER CONDUCT
You agree not to use our Services to:
2.1 upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
2.2 harm minors in any way; including soliciting personal information from anyone under the age of 18;
2.3 impersonate any person or entity, including, but not limited to, Event Integrity or EITF officials, Clients, Vendor, venue or supplier, or falsely state or otherwise misrepresent your affiliation with a person or entity;
2.4 forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our Services;
2.5 upload, post, email, transmit, or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
2.6 upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any person or entity;
2.7 upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose (please read our complete Spam Policy );
2.8 upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2.9 harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
2.10 advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
2.11 disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
2.12 interfere with or disrupt our Services, or servers or networks connected to our Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Services, including using any device, software or routine to bypass our robot exclusion headers;
2.13 intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
2.14 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;
2.15 "stalk" or otherwise harass another; or
2.16 collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 2.1 through 2.15 above.
You acknowledge that Event Integrity may or may not pre-screen your Content, but that Event Integrity and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Event Integrity websites or Services. Without limiting the foregoing, Event Integrity and its designees shall have the sole and exclusive right to remove any Content that violates the TOS or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may rely on any Content submitted to Event Integrity or the EITF, including without limitation, information in Event Integrity Message Board, social media, and in all other parts of the Event Integrity Services, at your own election and at your own risk.
Event Integrity is committed to using reasonable efforts to make the Services available and provide notifications of scheduled updates whenever feasible. Applicants apply for certification, and users use information related to certifications and membership, including for the EITF, at their sole risk and discretion. Applicants are required to pay all processing fees in full via online payment processing on Event Integrity’s websites (in connection with their third-party payment processors) when submitting an application for consideration or paying other fees, such as for Qualified Leads. No refunds will be given to applicants once they become certified members or after paying a Qualified Lead fee. Applicant’s that are not eligible for certification after they have submitted an application shall not be entitled to a full refund. Complete payment when submitting an application includes an application fee and a processing fee. The minimum application processing fee shall remain non-refundable at all times.
To the extent the Services, or any portion thereof, are made available for any fee, or You are a Client paying a Vendor, supplier or venue, for goods or services via the Services, You will be required to provide Event Integrity information regarding your credit card or other payment instrument. You represent and warrant to Event Integrity that such information is true and that You are authorized to use the payment instrument. If You have registered for the Services via a subscription plan, You expressly acknowledge and agree that: (a) Event Integrity is authorized to charge your credit card or other payment instrument in accordance with the terms of your subscription plan for as long as your subscription continues; and, (b) your subscription is continuous until You cancel it or Event Integrity suspends or otherwise stops providing access to its websites or Services in accordance with these terms. You agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. As a Vendor, supplier or venue, You may be required to select a payment plan and You agree to pay a pre-selected percentage of money You receive from purchases made by Clients of your goods and services through the Event Integrity Services, and You may pay Event Integrity a percentage of each such transaction, as set forth in further detail on the websites or through the Services.
If You dispute any charges by Event Integrity, You must let Event Integrity know within thirty (30) calendar days after the date that Event Integrity charges You. If You dispute any charges by a Vendor, supplier or venue, You must contact the Vendor, supplier or venue, directly. As a Vendor, supplier or venue, if You agree to refund any fees to a Client, You are responsible and will pay Event Integrity (and Event Integrity may retain) any transaction costs associated with such refund. We reserve the sole and exclusive right to change Event Integrity's prices.
If Event Integrity does change prices, Event Integrity will provide notice of the change on its websites or in an email to You, at Event Integrity's option, at least 30 calendar days before the change is to take effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Event Integrity's net income.
All fees and prices will be listed and charged in association with the specific product or Service being offered and may change from time to time. If a price goes down or a special offer is made by Event Integrity for promotional or marketing purposes, a certified member will not be eligible for a refund of the difference. All pricing is specific to the certification received, the size of company for which the applicant is submitted, and the specific Service(s) an applicant may elect to include within their membership. An active, certified member, will be subject to automatic renewal of Services at the end of each annual term. A “term” is defined as one calendar year from the date an applicant becomes a certified member. In the event a certified member, subject to automatic renewal, becomes ineligible at the start of the renewed term, the applicant may be eligible for a refund of the cost of renewal, less the non-refundable application processing fee, as described above.
To the extent You have received payment for goods or services through the Event Integrity Platform ("Payee") from or on behalf of a Client, Vendor, supplier or venue, or other party ("Payor"), the amount of a transaction may be charged back or reversed to Payee's payment account (a "Chargeback") if the transaction is: (a) disputed by the Payor, (b) reversed for any reason, (c) was not authorized, or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of these TOS. Payee will owe Event Integrity and will immediately pay Event Integrity the amount of any Chargeback and any associated fees, fines, or penalties assessed by any processing financial institutions, or MasterCard, Visa, American Express, Discover, and other payment card networks, associations, or companies.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT/IMPORT COMPLIANCE
Recognizing the global nature of the Internet, You agree to comply with all applicable rules and laws regarding online conduct and acceptable content. Use of the Services and transfer, posting and uploading of software, technology, and other technical data via the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations: see https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear ) and sanctions control programs of the United States (see https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx ). In particular, You represent and warrant that You: (a) are not a prohibited party identified on any government export exclusion lists (see https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern ) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Yahoo Services to export-prohibited parties or countries; (c) will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
7. COMMERCIAL USE
You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, intellectual property or other information used as part of the Services, use of the Services, or access to the Services (including Content, advertisements, Software and your Event Integrity membership).
8. HOLD HARMLESS
If You or your business are using our Services, You and your business accept these TOS. You and your business will hold harmless and indemnify the EITF and Event Integrity as well as its affiliates, officers, agents, and employees from any claim, suit or action, regardless of the type, amount, or nature of the claim, arising from or related to your or your business’ use of the Services or violation of these TOS, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorney fees.
9. REFUND REQUEST AND PAYMENT PROCEDURES
If requesting a service credit or refund, a Client, Vendor, supplier or venue, must submit a claim by email at: firstname.lastname@example.org. The email must contain the following information: (i) the words "Refund Request" in the subject line; (ii) a copy of the Client, Vendor, supplier or venue’s receipt; (iii) a detailed reason for the refund request; (iv) the Vendor, supplier or venue’s company name; (v) the name and relevant information for a contact representative. Failure to provide the request and other information as required above will disqualify your request for a refund. All approved refunds will be issued within 30 calendar days of approval.
10. SERVICE CONTENT, SOFTWARE, AND TRADEMARKS
You acknowledge and agree that the Services may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Event Integrity, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that You legally upload to the websites. In connection with your use of the Services, You will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If You are blocked by Event Integrity from accessing its websites or the Services (including by blocking your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Event Integrity, our affiliates, and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Event Integrity expressly reserves any and all rights not expressly granted herein.
The Event Integrity name and logos are trademarks and service marks of Event Integrity (collectively the "Event Integrity Marks"). Other Event Integrity product and service names and logos used and displayed via the websites or Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Event Integrity. Nothing in this TOS or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Event Integrity Marks displayed on the websites or the Services, without our prior written permission in each instance. All goodwill generated from the use of Event Integrity Marks will inure to our exclusive benefit.
11. THIRD-PARTY MATERIAL
Under no circumstances will Event Integrity or the EITF be liable in any way for any content or materials of any third-parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Event Integrity does not pre-screen content, but that Event Integrity, the EITF, and their designees will have the right (but not the obligation) in their sole and exclusive discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Event Integrity and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Event Integrity, in its sole and exclusive discretion, to be otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
12. USER CONTENT TRANSMITTED THROUGH OUR SERVICE
With respect to the content or other materials You upload through our websites, the Services, or share with other users or recipients, whether as a User, Vendor, supplier or venue, (collectively, "User Content"), You represent and warrant that You own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
You agree that Event Integrity and the EITF have no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Event Integrity Services. You acknowledge that Event Integrity reserves the right to suspend accounts that are inactive for an extended period of time. You further acknowledge that Event Integrity reserves the right to modify these general practices and limits from time to time. You acknowledge and agree that Event Integrity may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Event Integrity, the EITF, their users or the public. You understand the technical processing and transmission of the Services, including your content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Your agreement to these TOS constitutes your consent to allow Event Integrity and the EITF to store these communications on its servers and on the third-party servers of Event Integrity’s affiliates, agents, or commercial partners.
Further, You will hold harmless and indemnify Event Integrity and its affiliates, officers, agents, and employees from any claim, suit or action, regardless of the nature, scope, or amount of the claim or action, arising from or related to the use of your User Content, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney fees.
You acknowledge and agree that Event Integrity and its subsidiaries, may use your name, logo, image, biographical and company information, uploaded User Content, or publicly available content on Event Integrity's websites and on marketing materials to identify your relationship with Event Integrity or the EITF.
14. COPYRIGHT COMPLAINT AND REMOVAL REQUESTS
Event Integrity respects the intellectual property of others, and we ask our Users to do the same. If You believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, You should notify Event Integrity of your infringement claim in accordance with the procedure set forth below. Event Integrity will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement.
A notification of claimed copyright infringement should be emailed to Event Integrity's Copyright Agent at email@example.com (Subject line: "DMCA Takedown Request").
Requests for DMCA Takedown Request must be in writing and contain the following pertinent information:
a physical or electronic signature of the owner of the copyright or other intellectual property interest, or its authorized agent, acting on the owner’s behalf;
identification of the copyrighted work or other intellectual property that the owner claims to have been infringed;
a description of the location of the infringement on the Service site, with sufficient detail necessary to locate the material on the Service;
the address, telephone number, and email address of the owner or its authorized agent, acting on the owner’s behalf;
a statement by the owner or its authorized agent that a good faith belief exists that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by the owner or its authorized agent, made under penalty of perjury, that the above information in the Takedown Request is accurate and that the request is being submitted by the copyright or intellectual property owner or the agent has been authorized to act on the copyright or intellectual property owner's behalf.
If, in the alternative, You believe that your User Content that was removed (or your access was disabled) is not in violation of the DMCA, or that You have previously received authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may forward a written counter-notice containing the following information to the above-referenced Copyright Agent:
a physical or electronic signature of the owner of the copyright or other intellectual property interest, or its authorized agent, acting on the owner’s behalf or with the owner’s consent to use the copyright of other intellectual property interest;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared prior to the disabling or removal;
a statement by the owner or its authorized agent that a good faith belief exists that the content was removed or disabled as a result of mistake or a misidentification of the content; and
the address, telephone number, and email address of the owner or its authorized agent, acting on the owner’s behalf, including a statement that the owner of its authorized agent consents to the jurisdiction of the federal court located within the State of Colorado and a statement that You will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Event Integrity will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days.
Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, within ten to fourteen (10 to 14) business days, or more, following the receipt of the counter-notice, at the sole and exclusive discretion of Event Integrity.
16. CONTINUED INFRINGEMENT OF POLICY
In accordance with the DMCA, and other applicable laws, Event Integrity has adopted a termination policy, in appropriate circumstances and at the sole discretion of Event Integrity, to terminate Users who have been deemed as repeat offenders of the infringement policy under this section. Event Integrity also reserves the right to limit access to the Services or terminate a User’s membership at its sole discretion, including any Users who infringe on any intellectual property rights of others, whether or not there is any repeat infringement.
17. DEALINGS WITH ADVERTISERS; INCLUDING USERS, VENDORS, SUPPLIERS, VENUES
Your correspondence or business dealings with, or participation in promotions of, advertisers, Users, Vendors, Suppliers and Venues found on or through our Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and the other party. You agree that Event Integrity and the EITF shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our Services.
18. USE OF THIRD-PARTY WEBSITES
The Services may provide, or third-parties may provide, links or other access to other sites and resources on the World Wide Web, the Internet, sites or other resources. Event Integrity has no control over such sites and resources and Event Integrity and the EITF are not responsible for and does not endorse and is not liable for any content, event, advertising, products, goods or services, or other materials on or available from such sites and resources. You further acknowledge and agree that Event Integrity and the EITF will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, event, advertising, products, goods or services, or other materials on or available from such sites and resources. Any dealings You have with third-parties found while using the Services are between You and the third-party, and You agree that Event Integrity is not liable for any loss or claim that You may have against any such third-party.
19. PARTIES’ RELATIONSHIP
The use or access to Event Integrity’s websites or Services in no way creates a fiduciary, agency, partnership, joint venture, or employment relationship between Event Integrity and any user. You do not have any authority to enter into contracts on Event Integrity’s behalf, or otherwise bind Event Integrity to any promises or obligations in any manner. You are individually and solely responsible for any fees, costs, expenses, or taxes incurred in relation to the Services or your performance of any services or undertaking of any conduct related to the Services.
You agree to maintain reasonable insurance to adequately cover any work, services, or risks You undertake in accessing our websites or using the Services, including but not limited to coverage for any direct or consequential damages resulting from any failure to timely or appropriately perform obligations for a client as originated through the use of our websites or the Services.
21. USE OF WILD APRICOT’S THIRD-PARTY SERVICES
22. TERMS SPECIFIC TO EVENT INTEGRITY TASK FORCE MEMBERS
This section applies solely and specifically to members of the EITF. EITF Members agree to be bound by all provisions of these Terms and Conditions. In addition, EITF Members agree to:
A. Know and effectively articulate the goals of EITF.
B. Attend virtual meetings 10 times per year to facilitate EITF sessions.
C. Participate in online questionnaires 10 times per year.
D. Consider attending in-person annual EITF Summit.
E. Consider attending non-EITF events to gain a broader insight into the event industry.
F. Consider organizing an EITF supported meetup in your area, contact us for options and more details.
G. Commit time, thought, and effort.
H. Participate in establishing industry questionnaires and thought-provoking questions.
I. Represent EITF in good faith to the event industry community and public.
J. Communicate EITF educational opportunities at group meetings You attend.
K. Provide constructive feedback towards solutions.
L. Maintain a commitment to leadership in our industry.
M. Attend as many meetings or sessions as practical, and participate in all such meetings, using fair, independent judgment, and due care in conducting the EITF’s business.
N. Gain permission for use of EITF assets.
O. Exercise powers in the interest of the EITF only, and not solely for the interest of yourself or others to the exclusion of EITF.
P. Acknowledge you agree that no rigid standards of measurement and achievement are being formed. Every EITF leader is operating from a place of trust in each other to carry out these agreements to the best of their ability.
23. MODIFICATIONS TO OUR SERVICES
Event Integrity reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Event Integrity Services (or any part thereof) with or without notice. You agree that Event Integrity shall not be liable to You or to any third-party for any modification, suspension or discontinuance of the Event Integrity Services (or any part thereof).
24. DISCLAIMER OF WARRANTIES
YOUR USE OF OUR WEBSITES AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVENT INTEGRITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EVENT INTEGRITY MAKES NO WARRANTY THAT: (I) ITS SERVICES WILL MEET YOUR REQUIREMENTS, (II) ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
25. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVENT INTEGRITY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EVENT INTEGRITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CLAIM OR CAUSE OF ACTION, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (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 SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) ANY ACTS, OMISSIONS, STATEMENTS OR OTHER CONDUCT OF ANY CLIENTS, VENDORS, SUPPLIERS OR VENUES OR OTHER THIRD-PARTIES ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL EVENT INTEGRITY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID EVENT INTEGRITY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
THE FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE USED ONLY AS PERMITTED BY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF ANY APPLICABLE STATE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
26. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate: This Section "Dispute Resolution By Binding Arbitration" is referred to in these TOS as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between You and Event Integrity or the EITF, whether arising out of or relating to these TOS (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that You may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these TOS, You and Event Integrity are each waiving the right to a trial by jury or to participate in a class action. You are also waiving your right to seek punitive damages or appeal any final arbitration award, except as legally permitted in a court of appropriate jurisdiction. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND EVENT INTEGRITY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND EVENT INTEGRITY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, EITHER THROUGH CLAIMS OR COUNTERCLAIMS, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution: Event Integrity is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at: firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other party, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Event Integrity should be sent to our General Counsel representative at 1244 Corona Street, Denver, CO 80218 ("Notice Address"), attention: Zachary Warkentin. The Notice must: (i) describe the nature and basis of the claim or dispute; and, (ii) set forth the specific relief sought. If Event Integrity and You do not resolve the claim within sixty (60) calendar days after the Notice is received, You or Event Integrity may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Event Integrity or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or Event Integrity is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the rules and procedures of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement.
For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these TOS and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Event Integrity and You agree otherwise, any arbitration hearings will take place in Denver, Colorado. If your claim is for $10,000 or less, Event Integrity agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by 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 award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorney fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If the arbitrator or a court on appeal decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, Event Integrity agrees to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and that provision will be enforceable as so modified. The remainder of the Arbitration Agreement and these TOS will continue to apply.
Future Changes: Notwithstanding any provision in these TOS to the contrary, Event Integrity agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while You are a user of the Services, You may reject any such change by sending Event Integrity written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, You are agreeing that You will arbitrate any dispute between us in accordance with the language of this Arbitration as of the date You first accepted these TOS (or accepted any subsequent changes to these TOS).
27. TERMINATION OF SERVICES
You agree that Event Integrity, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Event Integrity believes that You have violated or acted inconsistently with the letter or spirit of these TOS. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities.
Event Integrity may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these TOS may be effected without prior notice, and acknowledge and agree that Event Integrity, in its sole and exclusive discretion, may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Services. Further, You agree that Event Integrity will not be liable to You or any third-party for any termination of your access to the Service.
If You have registered for the Services via a subscription plan, You may cancel your subscription at any time by sending an email to email@example.com notifying us of your intent to cancel your subscription at least thirty (30) calendar days prior to the end of your then-current subscription term.
These TOS constitute the entire agreement between You and Event Integrity and govern your use of the Services, superseding any prior agreements between you and Event Integrity with respect to the Services. You also may be subject to additional terms and conditions that may apply when You use affiliate or third-party services, third-party content, or third-party software. These TOS and all legal actions flowing or in any way related to the Services or these TOS are governed by the laws of the State of Colorado without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, You and Event Integrity agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Denver County, Colorado. The failure of Event Integrity to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in arbitration, judicial proceedings, or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these TOS without the prior written consent of Event Integrity, but Event Integrity may assign or transfer these TOS, in whole or in part, without restriction. The section titles in these TOS are for convenience only and have no legal or contractual effect. Notices to You may be made via either email or regular mail. The Services may also provide notices to You of changes to these TOS or other matters by displaying notices or links to notices generally on the Service.
The Service Commitment does not apply to any unavailability, suspension, or termination of the Event Integrity Services, or any other Event Integrity service performance issues:
1. That result from a suspension as described in the Terms;
2. Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Event Integrity network;
3. That result from any actions or inactions of You or any third-party;
4. That result from the equipment, software or other technology of You or any third-party;
5. That result from any announced, planned, or emergency maintenance, and any unavailability that occurs during an announced maintenance window;
6. Other areas of Event Integrity outside of your ability to login and access the Event Integrity database, this includes, but is not limited to, reports, dashboards, third-party integrations, hardware integrations, your own custom integrations, marketing integrations, SMS integrations and delivery, and email integrations and delivery.
30. QUESTIONS, CONCERNS OR SUGGESTIONS?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services, or at:
951 20th Street, Unit #2333
Denver, CO 80202
Last Updated: August 17, 2019