Terms of service.

Welcome to https://happysites.app (the “Site”), a website owned and operated by EventAide Inc. (“EventAide”, “we”, “our”, or “us”). This page explains the terms by which you may access or use the Site, our online and/or mobile services, and our related software provided on or in connection with the service (collectively, the “EventAide Service”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY ACCESSING OR USING THE EVENTAIDE SERVICE, BY REGISTERING FOR AN ACCOUNT ON THE EVENTAIDE SERVICE, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED “I AGREE” OR SOMETHING SIMILAR, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (THESE “TERMS”) AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE EVENTAIDE PRIVACY POLICY https://happysites.app/privacy-policy, WHICH IS HEREBY INCORPORATED BY REFERENCE. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO REGISTER FOR OR OTHERWISE ACCESS THE EVENTAIDE SERVICE (“USERS”).

You acknowledge and agree that, as provided in greater detail in these Terms:

  • EventAide reserves the right in its sole discretion to change these Terms and the EventAide Service and to determine the method and manner of notice of the changes; and

  • THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.

1. The EventAide Service.

The EventAide Service is an online and mobile platform that enables Users to take written notes and capture photos and videos on their hotel site inspections.  

2. Use of the EventAide Service.

A. Eligibility.

This is a contract between you and EventAide. You must read and agree to these Terms before using the EventAide Service. If you do not agree, do not understand or are not eligible, you may not use the EventAide Service. You may use the EventAide Service only if you can form a binding contract with EventAide, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the EventAide Service by anyone under sixteen (16) years of age is strictly prohibited and in violation of these Terms. The EventAide Service is not available to any Users previously removed from the EventAide Service by EventAide. EventAide reserves the right to approve or reject any Users from joining or continuing to use the EventAide Service, except as prohibited by applicable law.

B. Limited License.

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the EventAide Service solely as permitted by the features of the EventAide Service. EventAide reserves all rights not expressly granted herein in the EventAide Service and the EventAide Content (as defined below). You cannot and must not rely on the EventAide Service and EventAide may terminate this license at any time for any reason or no reason.

C. EventAide Accounts.

In order to access and use the EventAide Service, you must register and create an account via the Site. Your EventAide account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion via the EventAide Service. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on or associated with your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. We may maintain different types of accounts for different types of Users. If you open an EventAide account on behalf of a company, organization, or other entity, then: (i) “you” includes you and that entity; and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to the EventAide Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User’s account. You must notify EventAide immediately of any breach of security or unauthorized use of your account. EventAide will not be liable for any losses arising from or resulting from any unauthorized use of your account. The management of your account is solely your responsibility and using it is at your sole risk. You may control your User profile and how you interact with the EventAide Service by changing the settings in your profile page. By providing EventAide your email address you consent to our using the email address to send you EventAide Service-related notices, including without limitation any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the EventAide Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your profile page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. If you are not comfortable with these responsibilities, do not use the EventAide Service. 

D. EventAide Service Rules.

You agree not to engage in any of the following prohibited activities: (i) downloading, copying, distributing, or disclosing any part of the EventAide Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the EventAide Service in a manner that sends more request messages to the EventAide servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that EventAide grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email or messages (including, but not limited to, unsolicited requests for donations); (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the EventAide Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the EventAide Service; (vii) collecting or harvesting any personally identifiable information, including, but not limited to, account names, from the EventAide Service; (viii) using the EventAide Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the EventAide Service; (xi) accessing any content on the EventAide Service through any technology or means other than those provided or authorized by the EventAide Service; (xii) modify, disassemble, decompile or reverse engineer the EventAide Service, except to the extent that such restriction is expressly prohibited by law; (xiii) sell any counterfeit or illegal items; (xiv) use the EventAide Service in violation of applicable law; (xv) use the EventAide Service to harass or abuse another User; or (xvi) bypassing the measures we may use to prevent or restrict access to the EventAide Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the EventAide Service or the content therein.

E. Changes to the EventAide Service.

We may, without prior notice, change the EventAide Service; stop providing the EventAide Service or features of the EventAide Service, to you or to Users generally; or create usage limits for the EventAide Service. We may permanently or temporarily terminate or suspend your access to the EventAide Service without notice and liability for any reason, including without limitation if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

3. User Content.

Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on or through the EventAide Service, on any of our blogs, social media accounts or through tools or applications we provide or make available for posting or sharing such content; or (ii) have posted or uploaded to your social media accounts which are tagged with any EventAide promoted hashtag (collectively “User Content”), shall be deemed nonconfidential and nonproprietary and you acknowledge that such user Content will be publicly available. You understand that certain portions of the EventAide Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the EventAide Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms. This means that if you are not comfortable sharing any User Content, do not make it available to or with or share it using the EventAide Service. 

WE CLAIM NO OWNERSHIP RIGHTS OR CONTROL OVER OR IN CONNECTION WITH THE USER CONTENT CREATED BY YOU OR PROVIDED ON YOUR BEHALF. THE USER CONTENT REMAINS YOURS OR UNDER YOUR CONTROL. However, by submitting or posting any User Content, you hereby expressly grant to EventAide and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, for use in connection with the EventAide Service and EventAide’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the EventAide Service (and derivative works thereof) in any media formats and through any media channels, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts, without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms, or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. You also hereby grant each User of the EventAide Service a non-exclusive license to access your User Content through the EventAide Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the EventAide Service and under these Terms.

By submitting, making available, or posting User Content on or via the EventAide Service, on your social media accounts or through any tools or applications we provide or make available for posting or sharing your User Content with us, you represent and warrant that:

  • you own or control any and all rights in and to the User Content and/or have the rights to grant all of the rights and licenses in these Terms, and if you are not the holder or in control of such rights, the holder or controller of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment or any other consideration to you or any other person or entity;

  • you have obtained permission from any individuals (or their legal guardians) who appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment or any other consideration to you or any other person or entity;

  • your User Content and EventAide’s use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including, but not limited to, any Intellectual Property Rights and privacy rights;

  • the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, racist, threatening or otherwise harassing or hateful content (which may be determined in EventAide’s sole discretion), (d) contain any addresses, email addresses, phone numbers or any contact information, or (e) contain computer viruses, worms or other harmful files or programs;

  • EventAide may exercise the rights to your User Content granted under these Terms without liability for payment or any consideration of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and

  • to the best of your knowledge, all your User Content and other information that you provide or make available to us is truthful and accurate.

You are solely responsible for the User Content and you hereby agree to indemnify and hold EventAide and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, losses, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

EventAide cannot and does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. EventAide CANNOT CONTROL ANOTHER USER’S USE OF OR REFERENCE TO YOUR USER CONTENT OR THE DELETION THEREOF, AND YOUR REFERENCE TO OR USE OF ANY OTHER USER’S USER CONTENT MUST NOT BE RELIED UPON AND IS AT YOUR OWN RISK. By submitting, making available or posting the User Content you fully and unconditionally release and forever discharge EventAide and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more Users or any other person or entity, or (ii) the use by EventAide or you of the User Content, including without limitation any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that EventAide has no control over and shall have no liability for any losses or damages resulting from, reference to, or the use (including without limitation re-publication) or misuse by you or any third party of any User Content. EventAide acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If EventAide becomes aware of any User Content that allegedly may not conform to these Terms, EventAide may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Upon request by EventAide, you will furnish EventAide any documentation, substantiation or releases necessary to verify your compliance with these Terms. EventAide has no liability or responsibility to Users for performance or nonperformance of such activities.

EventAide HAS NO OBLIGATION TO POST OR MAINTAIN ANY USER CONTENT AT ANY TIME AND HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE IN ITS SOLE DISCRETION. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST EventAide FOR SUCH REMOVAL AND/OR DELETION. EventAide IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE OR MAINTAIN ANY POSTED OR SUBMITTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE EventAide SERVICE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST OR MAKE AVAILABLE ON THE EventAide SERVICE OR ANY OTHER SITES OR PLATFORMS.

4. Our Proprietary Rights.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Except for your User Content, the EventAide Service and all materials therein or transferred thereby, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music(the “EventAide Content”), and all Intellectual Property Rights related thereto, are the exclusive property of EventAide and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any EventAide Content or any other User’s User Content. Use of the EventAide Content or any other User’s User Content for any purpose not expressly permitted by these Terms is strictly prohibited and an automatic termination of the right and license for you to use the EventAide Service.

You may choose to or we may invite you to submit comments or ideas about the EventAide Service, including without limitation about how to improve the EventAide Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place EventAide under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, EventAide does not waive any rights to use similar or related ideas previously known to EventAide, or developed by its personnel, or obtained from sources other than you.

5. Text Messaging.

We offer you the chance to enroll to receive SMS/text messages from EventAide. You may enroll to receive text messages about account-related news and alerts and/or offers for EventAide products and services. By enrolling in EventAide’s SMS/text messaging service, you agree to receive text messages from EventAide to your mobile phone number provided, and you certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. You acknowledge and agree that the text messages may be sent using an automatic telephone dialing system and that standard message and data rates apply. Consent is not required as a condition of purchase.

To unsubscribe from text messages at any time, email us at hello@EventAide.app. You consent that following such a request to unsubscribe, you may receive one final text message from EventAide confirming your request. For help, contact us via our contact page.

6. Security.

EventAide cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

7. User Content.

It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the EventAide Service, please notify EventAide’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

  2. Identification of the copyrighted work that you claim has been infringed;

  3. Identification of the material that is claimed to be infringing and where it is located on the EventAide Service;

  4. Information reasonably sufficient to permit EventAide to contact you, such as your address, telephone number, and, email address;

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice EventAide, Inc.

Address: 39 Rockville Ave. Rockville Centre, NY 11570.

Telephone: 310-948-8952

Email: hello@eventaide.app 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING WITHOUT LIMITATION MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying EventAide and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with EventAide’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, EventAide has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. EventAide may also at its sole discretion limit access to the EventAide Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Third-Party Links and Information.

The EventAide Service may contain links to third-party materials that are not owned or controlled by EventAide. EventAide does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the EventAide Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and EventAide’s Privacy Policy do not apply to your use of such sites. You expressly disclaim and relieve EventAide from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users and any websites or links made available via the EventAide Site or EventAide Service. Additionally, your dealings with or participation in promotions of advertisers found on the EventAide Service, including, but not limited to, payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that EventAide shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers or any other third party websites or services.

9. Indemnity.

You hereby agree to defend, indemnify and hold harmless EventAide and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the EventAide Service, including without limitation any data or content transmitted or received by you and your lending and/or borrowing of any Items; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the EventAide Service with your unique username, password or other appropriate security credentials or code.

10. No Warranty.

THE EVENTAIDE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE EventAide SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EVENTAIDE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVENTAIDE OR THROUGH THE EVENTAIDE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, EVENTAIDE , ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE EVENTAIDE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE EVENTAIDE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE EVENTAIDE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EVENTAIDE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE EVENTAIDE SERVICE.

EVENTAIDE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EVENTAIDE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND EVENTAIDE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVENTAIDE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL EVENTAIDE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE EVENTAIDE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVENTAIDE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE EVENTAIDE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE EVENTAIDE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL EVENTAIDE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO EVENTAIDE HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EVENTAIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

FOR ANY RELEASES CONTAINED IN THESE TERMS, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12. Governing Law, Arbitration, and Class Action/Jury Trial Waiver.

A. Governing Law.

You agree that: (i) the EventAide Service shall be deemed solely based in York; and (ii) the EventAide Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including, but not limited to, any provisional relief required to prevent irreparable harm. You agree that New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

B. Arbitration.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EVENTAIDE. For any dispute between you and EventAide, you agree to first contact us at hello@EventAide.app and attempt to resolve the dispute with us informally. In the unlikely event that EventAide has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York, unless you and EventAide agree otherwise. If you are using the EventAide Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the EventAide Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing EventAide from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

C. Class Action/Jury Trial Waiver.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE EVENTAIDE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EVENTAIDE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

13. Additional Mobile Applications Store Terms.

A. Mobile Applications.

We may make available software to access the EventAide Service via a mobile device (“Mobile Applications”). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. EventAide does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. EventAide hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one EventAide User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that EventAide may from time to time issue upgraded versions of the Mobile Applications and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and EventAide or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. EventAide reserves all rights not expressly granted under these Terms. If the Mobile Applications are being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the EventAide Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the EventAide Service.

B. Mobile Applications from Apple Mobile Applications Store.

The following applies to any Mobile Applications you acquire from the Apple Mobile Applications Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and EventAide, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the Apple App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to EventAide as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to EventAide as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, EventAide, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and EventAide acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

C. Mobile Applications from Google Play Store.

The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and EventAide only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) EventAide, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to EventAide’s Google-Sourced Software.

14. General.

A. Assignment.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EventAide without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B. Notification Procedures and Changes to these Terms.

EventAide may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by EventAide in our sole discretion. EventAide reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. EventAide is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. EventAide may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page and notify you that material changes have been made to these Terms. Your continued use of the EventAide Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the EventAide Service.

C. Entire Agreement/Severability.

These Terms, together with any amendments and any additional agreements you may enter into with EventAide in connection with the EventAide Service, shall constitute the entire agreement between you and EventAide concerning the EventAide Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

D. No Waiver.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and EventAide’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

E. Contact.

Please contact us at hello@EventAide.app with any questions regarding these Terms.