Last updated June 18, 2021.
EventWeb Inc. (“EventWeb”) provides an online platform to promote, hire and research a variety of Producers, Virtual Producers, Industry Suppliers, Exhibit and Event Managers, Freelancers, Independent Contractors (collectively referred to as “Service Providers” or “Service Provider”), and Job Seekers (“Job Seekers” or “Job Seeker”), together meaning the users of EventWeb and as more specifically defined below, related to various tradeshow and corporate event needs. The following Terms of Use outline the user’s (“You” and “Your”) obligations when accessing and using EventWeb’s website and services.
ACCEPTANCE OF TERMS OF USE
EventWeb’s website is www.myEventWeb.com (the “Website”). The various content, features and services offered on and in connection with the Website (the “Services”) are owned and operated by EventWeb and can only be accessed and used by You under the Terms of Use as described below (“Terms of Use”). These Terms of Use, the Privacy Policy and certain other agreements, referenced herein, constitute the entire agreement between You and EventWeb, with respect to the use of the Website and Services.
Please read these Terms of Use carefully. By clicking “I accept” upon signing up as a user, entering or accessing the Website, you agree to be bound by our Terms of Use and our Privacy Policy. If you do not agree to all of the terms and conditions, then you shall not access and use the Website and Services.
MODIFICATIONS OR CHANGES OF TERMS OF USE
EventWeb may in its sole discretion, modify or change these Terms of Use at any time, effective upon posting the modified or changed Terms of Use on the Website, with or without providing any additional notice to You. You are responsible for regularly reviewing information on the Website to obtain notice of any such modifications or changes.
Any such changes will not apply to any claim brought prior to the date on which EventWeb posted the revised Terms of Use incorporating such modifications or changes.
EventWeb may modify, update, suspend or discontinue the Website and Services, in whole or in part, at EventWeb’s sole discretion for any or no reason, at any time and with or without notice.
If You do not agree to any of the amended terms, You agree to immediately stop using the Website and Services. Your continued usage of the Website and Services after such posting of modification or change means that You accept and agree to be bound by the amended Terms of Use.
USE OF THE WEBSITE AND SERVICES
EventWeb grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Website and Services for Your personal use, and such users are subject to full compliance with these Terms of Use.
You agree to not access, reproduce, duplicate, copy, sell, modify, distribute, transmit, or otherwise exploit the Website or Services or any of their content for any purpose except for Your personal use and as described in these Terms of Use.
CONDUCT OF USE
As a condition of Your access and use of the Website and the Services provided, you agree that Your submissions or access and usage, information, data, or other similar materials on the Website (collectively, “Website Content”), shall not be used for any purpose that is unlawful or prohibited by these Terms of Use, or for any other purpose not reasonably intended by EventWeb.
You agree not to:
- Violate these Terms of Use and any applicable local, state, national or international law and any rules and regulations that may apply;
- Use the Website in any manner that violates any relevant local, state, federal and international law or that infringers, misappropriates or violates any third party’s rights;
- Use the Website and Services or the Website Content for any purpose not authorized by these Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Website Content that contains advertisements, promotional materials, or any other form of solicitation;
- Reproduce, duplicate, copy, modify, sell, re-sell or exploit any Website Content or the Website for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to Your personal purchasing decisions;
- Post irrelevant Website Content, repeatedly post the same or similar Website Content or otherwise impose an unreasonable interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website;
- Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify Your contact or other personal information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with EventWeb, or otherwise attempt to mislead others as to the identity of the sender or the origin of any communications;
- Attempt to gain unauthorized access to the Website, other user accounts, or other computer systems or networks connected to the Website by hacking or any other illegal or unauthorized means including obtaining password, account, or any other personal or private information off of the Website or any other user;
- Sell, share, or otherwise transfer Your account username, password, other information, or Your rights or obligations under these Terms of Use; and
- Transmit or submit any transmission or other materials that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Website and cause a burden to the Users.
The above shall be viewed as examples of how not to use the Website and Website Content and shall not be set as limitations.
USER INFORMATION AND GENERAL RESPONSIBILITY
EventWeb may require that You create an account to use or access certain parts of the Website and use certain features on the Website. EventWeb may require that You provide certain login information such as a username and password to gain access and utilize Your account.
As a condition of Your use of the Website, You agree to provide EventWeb with current, true and accurate information as required on the Website’s registration page and update and maintain truthfulness, accuracy and completeness of such information provided.
You are responsible for maintaining and protecting the confidentiality of any password or other account information that is not generally available to others. You are responsible for all activities that occur under Your username and password that are linked to Your account.
WEBSITE CONTENT
When submitting any Website Content or any other similar material to the Website, You agree to the following:
- You grant to EventWeb a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Website Content into other works;
- You grant to EventWeb all rights necessary to publish or refrain from publishing Your name and address in connection with Your Website Content and acknowledge that this license cannot be terminated by You once Your Website Content is submitted to the Website;
- You grant to EventWeb all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of Your Website Content by any other party; and
- You will not submit any material that may be considered by EventWeb to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable.
PUBLICATION AND DISTRIBUTION OF WEBSITE CONTENT
EventWeb does not guarantee the accuracy, quality, or integrity of any Website Content transmitted to or through the Website and Services.
You acknowledge that EventWeb acts as a passive intermediary and an interactive online service provider for the publication and distribution of the Website Content and for the publication and distribution of any content posted by Service Providers and Job Seekers in response to the Website Content posted by Users.
You understand that all of the Website Content, Service Provider and Job Seeker content posted on, transmitted through or linked through the Website, is the sole responsibility of the person from whom posted such Website Content.
You understand that EventWeb does not control and is not responsible for Website Content, any Service Provider or Job Seeker content made available through the Website and Services and that by using the Website, You may be subjected and exposed to Website Content that is inaccurate, misleading and/or offensive.
You further understand that EventWeb has no obligation to screen, preview, monitor or approve any Website Content, Service Provider or Job Seeker content, or Website Content posted or submitted by any other EventWeb member. However, EventWeb reserves the right to review and delete any Website Content that, in its sole judgment, violates the terms and conditions of these Terms of Use.
By using the Website, You agree that it is solely Your responsibility to evaluate the risks that You take on associated with the use, accuracy, usefulness, or completeness of any Website Content that You submit, receive, access, transmit or otherwise convey through the Website, Services and Website Content. Under no circumstances will EventWeb be liable in any way for any Website Content, Service Provider or Job Seeker content, including, but not limited to, any Website Content, Service Provider or Job Seeker content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Website Content, Service Provider or Job Seeker content submitted, accessed, transmitted or otherwise conveyed via the Website.
You waive the right to bring or assert any claim against EventWeb relating to Website Content, Service Provider or Job Seeker content, and release EventWeb from all liability for or relating to any Website Content, Service Provider or Job Seeker content, to the fullest extent permitted below. You may, however, report Website Content to EventWeb that You believe violates these Terms of Use by using the Contact Information found under the Notices and Contact Information Section below.
You may be liable for damages for unlawful misrepresentations or other violations of these Terms of Use. You agree that EventWeb has no responsibility or liability for the deletion or failure to store any Website Content or other materials maintained or transmitted by or through the Website.
SERVICE PROVIDERS AND JOB SEEKERS
EventWeb does not endorse and is not responsible or have liability for any Website Content, data, services, advertising, or products available or in unavailable from, or through, any Service Provider, Job Seeker or third party or any other similar content and data. EventWeb is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance on any Service Provider, Job Seeker or third party.
Your connections or communications with of any Service Providers or Job Seekers, and any other terms, conditions, representation, or warranties associated with such connections or communications, are between You and such Service Provider or Job Seeker exclusively and do not involve EventWeb. EventWeb strongly encourages You to make appropriate investigations and research by using resources that You deem necessary or appropriate before hiring or engaging any Service Providers or Job Seekers.
Service Providers and third parties may link other direct users to the Website for the purpose of utilizing one (1) or more of the Services. Any information You provide to a Service Provider or third party while on their independent website is subject to their respective policy and not these Terms of Use. It is Your responsibility to review such Service Provider or third-party policies, including any applicable privacy policies and other agreements. You agree that EventWeb will not be responsible or liable for, and that EventWeb does not endorse any content, advertising, goods or services provided on or through these outside websites or Your use or inability to use such websites. EventWeb does not make any representations or warranties as to the security of any information, including, without limitation, credit card or other personal information You might be requested to give to any Service Provider or third party.
You agree that EventWeb is not responsible for the accessibility or inaccessibility of any Service Provider, Job Seeker or Your direct interactions, communications, and dealings with them. You waive the right to bring or declare any claim against EventWeb relating to any interactions, communications, or dealings with any Service Provider or Job Seeker and release EventWeb from any and all liability for or relating to any interactions, communications or dealings with Service Providers and Job Seekers.
Without limiting the foregoing, Your business dealings with, services of, or participations with any of the Service Providers, Job Seekers or any third parties found on or due to the use of the Website and Services, including services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party. You agree that EventWeb shall not be responsible or liable, both directly or indirectly, for any loss or damage of any sort sustained as the result of any such business dealings or as the result of the presence of such Service Providers, Job Seekers or third parties on the Website.
TERMINATION
EventWeb may terminate Your privilege to use or access the Website and Services immediately, with or without notice to you and for any reason in EventWeb’s sole discretion. Upon such termination, You must immediately stop accessing or using the Websites and Services and agree not access or make use of, or attempt to use, the Websites and Services.
You acknowledge that EventWeb reserves the right to act, either by the actions described herein, legal actions or otherwise to block, invalidate or restrict in any way Your ability to access and use the Website and Services. You understand that EventWeb may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to EventWeb. All provisions of these Terms of Use which by their nature should survive termination, shall survive the termination of Your access to and use of the Website and Services.
CALIFORNIA USERS
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice. The following information is available upon further request:
- The address where EventWeb, Inc. provides its services to You.
- Charges and payment information that each user must pay.
- If You have any questions, concerns, or complaints regarding any of the Website’s services, please contact EventWeb by sending a message on our Contact Page. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N112, Sacramento, California 95834.
TRADEMARKS AND COPYRIGHTS
The Website’s graphics, logos, designs, page headers, button icons, scripts, service names and other similar marks are the trademarks of EventWeb in the United States. These trademarks may not be used, including as part of trademarks and/or as part of domain names, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. You should assume all Website Content and material made available on the Website is protected by copyright law. Aside from user submitted Website Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of EventWeb and/or its licensors and are protected by copyright laws.
NOTICES AND CONTACT INFORMATION
You agree that EventWeb may communicate any notices to You under these Terms of Use, through email, regular mail or posting the notices on the Website.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512, or other applicable law, EventWeb will respond to claims of copyright or trademark infringement that are reported to EventWeb.
If You are a copyright or trademark owner, or authorized to act on behalf of the copyright or trademark owner and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing us with a written notification of claimed infringement that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and email address;
- 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 or trademark owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
EventWeb will investigate notices of copyright and trademark infringement and take appropriate actions under the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512. Please note that inquiries that do not follow this procedure may not receive a response.
If You believe that something on the Website violates these Terms of Use or if you have any questions, comments or to receive any further information regarding the Terms of Use, please contact us by using the Contact Information below:
DELAYS AND ACCESSIBLITY
The Website may be subject to limitations, delays, failure, and other problems inherent in the general use of the internet and electronic communications. EventWeb is not responsible for any delays, failures or other damage resulting from such problems.
WARRANTIES AND DISCLAIMERS
You acknowledge that EventWeb has no control over, and no duty to take any action regarding: which users gain access to or use the Website and Services; what effects the content on or in connection with the Website and Services may have on You; how You may interpret or use the content on or in connection with the Website and Services or what actions You may take as a result of having been exposed to the content on or in connection with the Website and Services. You release EventWeb from all liability for You having acquired or not acquired content or information through the Website and Services.
The Website may contain, or direct You to sites containing, information that some people may find offensive or inappropriate. EventWeb makes no representations concerning any content contained in or accessed through the Website and Services, and EventWeb will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website and Services.
EventWeb makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. YOU ACCESS AND USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER EVENTWEB NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF EVENTWEB, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. EVENTWEB IS NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE WEBSITE AND SERVICES. IN NO EVENT WILL EVENTWEB OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL EVENTWEB OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITE AND SERVICES. ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVENTWEB OR THROUGH OR FROM THE WEBSITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, EVENTWEB DOES NOT REPRESENT OR WARRANT THAT (I) THE WEBSITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EVENTWEB’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EVENTWEB SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND EVENTWEB HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
EventWeb has no control over and no duty to take any action regarding the behavior of other users, what effects the Website Content may have on You, how You may interpret or use the Website Content, or what actions You may take because of having been exposed to the Website Content. You release EventWeb from all liability that You obtained or did not obtain from the Website Content through the Website and Services.
EventWeb makes no representations concerning any of the Website Content, including the accuracy thereof, contained in or accessed through the Website and Services, and EventWeb will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website and Services. The Website may display links to other internet sites or resources. EventWeb has no control over such sites and resources, therefore You acknowledge and agree that EventWeb is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, services, or other materials on or available from such website or resources.
You further acknowledge and agree that EventWeb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
LIMITATIONS OF LIABLITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EVENTWEB WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EVENTWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE WEBSITE AND SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE WEBSITE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS, JOB SEEKRS OR OTHER THIRD PARTY THROUGH THE WEBSITE; (F) ANY OTHER MATTER RELATING TO THE WEBSITE; (G) ANY BREACH OF THESE TERMS OF USE BY EVENTWEB OR THE FAILURE OF EVENTWEB TO PROVIDE THE SERVICE UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS, JOB SEEKERS OR ANY OF THEIR REPRESENTATIVES OR AGENTS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your access to the Website Content on the Website represents a substantial portion of the value You receive from Your membership with EventWeb. THEREFORE, TO THE EXTENT EVENTWEB IS FOUND LIABLE FOR ANYTHING RELATED TO THE TERMS OF USE OR SERVICES, EVENTWEB’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE LESSER OF THE EQUIVALENT OF UP TO TWELEVE (12) MONTHS OF YOUR MEMBERSHIP FEE OR UP TO ONE THOUSAND DOLLARS ($1,000.00).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EVENTWEB CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO EVENTWEB THROUGH THE USE OF A CREDIT CARD (“CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR EVENTWEB, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF EVENTWEB TO PROVIDE SERVICES TO YOU UNDER THESE TERMS OF USE OR ANY BREACH OF THESE TERMS OF USE BY EVENTWEB. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF EVENTWEB TO PROVIDE SERVICES TO YOU UNDER THESE TERMS OF USE OR ANY BREACH OF THESE TERMS OF USE BY EVENTWEB. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT EVENTWEB SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THESE TERMS OF USE.
INDEMNITY
You agree to indemnify, defend and hold harmless EventWeb, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by You; (b) the inaccurate or untruthful Website Content or other information provided by You to EventWeb or that You submit, transmit or otherwise make available through the service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. EventWeb will have sole control of the defense of any such damage or claim.
BREACH OF TERMS AND USE AND LIQUIDATED DAMAGES
You understand that the content in each report or record on EventWeb has significant value to EventWeb and that the damage caused to EventWeb for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Therefore, You shall be liable to pay EventWeb the following amounts as liquidated damages, and You agree that the liquidated damages are a reasonable estimate of EventWeb’s damages for the specified breaches of these Terms of Use:
- If You post Website Content in violation of these Terms of Use, You agree to promptly pay EventWeb One Hundred Dollars ($100.00) for each item of Website Content posted in violation of these Terms of Use. We may but, shall not be required to issue You a warning before assessing damages.
- If You display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Website Content in violation of these Terms of Use, You agree to pay Five Hundred Dollars ($500.00) for each record or report that You displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
- If You use computer programming routines that are intended to aggregate records or reports from the Website or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Website and Services, You agree to pay One Thousand Dollars ($1,000.00) for each report or record that is aggregated, disrupted, damaged or otherwise affected by You.
Except as set forth in the foregoing paragraphs, You agree to pay the actual damages suffered by EventWeb, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, EventWeb reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
CREDIT CARD INFORMATION
To process orders and billing payments we will be using a trusted third party for secure credit card transaction processing. You will provide and share your billing and credit card information with USAePay in order to participate in EventWeb’s services. EventWeb will not collect or store any credit card information. USAePay terms and conditions can be found at USAePay Privacy Policy. USAePay uses an official extension, Authorize.net, as a payment gateway to conduct verification and authorization procedures for the billing and credit card information that is provided to them. Our credit card processing vendor uses security measures to protect Your information both during the transaction and after it is complete.
FEEDBACK
EventWeb appreciates hearing from You, as well as our other users, and welcome Your comments regarding the Website and Services.
We do value Your feedback on our Website and Services. Please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials, unless prompted to do so. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of EventWeb. In addition, none of the Submissions will be subject to any obligations of confidentiality and EventWeb will not be liable for any future use or disclosure of such Submissions.
MUTUAL ARBITRATION
Arbitration
If a Dispute is not resolved through information negotiations, You and EventWeb agree to resolve any and all Disputes through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by either the Federal Arbitration Act, if there is evidence of a transaction involving commerce, the New York Consolidated Laws CVP – Civil Practice Law & Rules, Article 75, or a combination of both. If the Federal Arbitration Act shall govern the arbitration, the arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). The New York Consolidated Laws CVP – Civil Practice Law & Rules, Article 75, acts as a gap filler procedural issues that are not addressed by the Federal Arbitration Act. Your arbitration fees and Your share of arbitrator compensation will be governed by the AAA Rules. Each party will pay the fees for their own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in the Waiver of Right to be a Plaintiff or Class Member in a Class Action subsection below.
Rules/Standards Governing Arbitration Proceeding
A party who wishes to arbitrate a Dispute covered by this Mutual Arbitration section must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where EventWeb’s principal place of business is, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
Severability
You and EventWeb agree that if any portion of this Section entitled “Mutual Arbitration” is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.
ENTIRE AGREEMENT
These Terms of Us and other agreements, rules, and policies incorporated by reference to these Terms of Use including, without limitation, the Privacy Policy, constitutes the entire agreement between You and EventWeb. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and EventWeb regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between You and third parties, including, but not limited to Service Providers and Job Seekers. The third-party agreements you have entered into will not and do not interfere with Your obligations and duties to EventWeb under these Terms of Use.
GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of Delaware.
GENERAL
EventWeb is acting using commercially reasonable efforts and in good faith to maintain that the Website may be lawfully viewed and accessed outside of the United States. If You access the Website, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
If You breach any term of these Terms of Use or other agreement with EventWeb, EventWeb may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. EventWeb’s remedies are cumulative and not exclusive. Failure of EventWeb to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.
If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the terms in these Terms of Use shall otherwise remain in full force and effect and enforceable.
These Terms of Use are not assignable, transferable or sublicensable by You except with EventWeb’s prior written consent. EventWeb may transfer, assign or delegate these Terms of Use and its rights and obligations without consent.
Users of the Website and Services are responsible for compliance with all applicable regulations and laws.
No joint venture, partnership, employment or agency relationship exists between You and EventWeb as a result of these Terms of Use or use of the Website and Services. You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use.
USERS DEFINED
Producers: Companies that provide turnkey tradeshow, other corporate and event solutions, typically from design through completion. Companies may be asked to perform only certain elements such as builds only, or design only, etc.
Virtual Producers: Companies that produce virtual events.
Industry Suppliers: Companies who provide a specific commodity(ies), product(s), or service(s) to the tradeshow and corporate industry.
Exhibit and Event Managers: Businesses or an individual person working for a business that exhibits at a tradeshow or hosts a corporate event.
Freelancers and Independent Contractors: People who provide services to the tradeshow and corporate industry as a Freelancer or Independent Contractor.
