Terms of Use

Updated: January 31, 2026

Welcome to the Eventgroove websites including www.Eventgroove.com (the “Site“).

Please review these Terms of Use carefully.

AGREEMENT TO ARBITRATION. BY AGREEING TO THESE TERMS OF USE, YOU AGREE TO RESOLVE CLAIMS WITH THE COMPANY THROUGH FINAL, CONFIDENTIAL, BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS (AS DETAILED IN THE DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER IN SECTION 22 BELOW).

1. Acceptance of the Terms of Use

These Terms of Use, together with any agreements, policies, or documents they expressly incorporate by reference (collectively, these “Terms of Use“), are entered into by and between you (“You” or “Your“) and Elk River Systems, Inc., a Montana corporation doing business as Eventgroove and its affiliates (“Company,” “Eventgroove,” “We,” “Us,” or “Our“) (where the Company and You are each sometimes referred to herein as a “Party” and collectively the “Parties“) and govern Your access to and use (whether as a guest or a registered User) of the Site including any Web pages, data, material, information, messages, text, graphics, images, photographs, displays, audio, video, software, documents, or other content, functionality, and services incorporated into, provided, or made available on or through the Site (collectively “Material“). You become a user of the Site or other services (“User(s)“) by accessing, viewing, using, or registering with the Site.

Please read the Terms of Use carefully before You start to use the Site.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, ORGANIZATION, OR OTHER ENTITY (“ENTITY” OR “ENTITIES”) WITH WHICH YOU ARE ASSOCIATED, THEN YOU ARE AGREEING TO THESE TERMS OF USE ON BEHALF OF YOURSELF AND SUCH ENTITY, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE. REFERENCES TO “YOU” AND “YOUR” IN THESE TERMS OF USE SHALL REFER TO BOTH THE INDIVIDUAL USING THE SITE AND TO ANY SUCH ENTITY.

By using the Site, or by clicking to accept or agree to the Terms of Use when this option is made available to You, You accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy, found at https://www.eventgroove.com/privacy-policy, which is hereby incorporated herein by reference. If You do not agree to these Terms of Use or the Privacy Policy, You must not access or use the Site.

All Products and licenses to Eventgroove Software (each as defined in the Terms and Conditions of Sale of Goods & Software Licenses (“Eventgroove Terms of Sale”)) are sold to You by Eventgroove subject to the Eventgroove Terms of Sale including the Eventgroove Software End User License Agreement.

The Site is offered and available to Users who are 18 years of age or older. By using the Site, You represent and warrant that You are 18 years of age or older and of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Site.

2. Changes to the Terms of Use

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

Your continued use of the Site following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page each time You access the Site so You are aware of any changes, as they are binding on You.

3. Accessing the Site and Account Security

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

You are responsible for:

making all arrangements necessary for You to have access to the Site; and
ensuring that all individuals or Entities who access the Site through Your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your registration with and use of the Site that all of the information You provide on, in connection with, or related to the Site or other services is correct, current, and complete. You agree that all information You provide to register with the Site or otherwise, including through the use of any interactive features on the Site or other services, is governed by Our Privacy Policy at https://www.eventgroove.com/privacy-policy, and You consent to all actions We take with respect to Your information consistent with Our Privacy Policy.

If You choose, or are provided with, a user name, password, or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other individual or Entity. You also acknowledge that Your account is personal to You, and You shall not provide any other individual or Entity with access to the Site or portions of it using Your user name, password, or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

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

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

4. Intellectual Property Rights

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

These Terms of Use permit You to use the Site for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Material on or through the Site, except as follows:

Your computer may temporarily store copies of such Material in RAM incidental to Your accessing and viewing those Material;
You may store files that are automatically cached by Your Web browser for display enhancement purposes;
You may print one copy of a reasonable number of pages of the Site for Your own personal, non-commercial use and not for further reproduction, publication, or distribution;
if We provide desktop, mobile, or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by Our end user license agreement for such applications; or
if We provide social media features with certain Material, You may take such actions as are enabled by such features.

You shall not:

modify copies of any Material from the Site;
use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
delete or alter any copyright, trademark, or other proprietary rights notices from copies of Material from the Site.

You shall not access or use for any commercial purposes any part of the Site or any services or Material provided or made available on or through the Site.

If You print, copy, modify, download, or otherwise use or provide any other individual or Entity with access to any:

part of the Site in breach of the Terms of Use; or
information, content, or other Material which You do not own or have not secured necessary license or other rights but was obtained by You from or using the Site, then, in either case,

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

5. Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Site or Material are the trademarks of their respective owners.

6. Prohibited Uses

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

in any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries);
for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate Material, asking for personally identifiable information, or otherwise;
to send, knowingly receive, upload, share, post, submit, publish, display, transmit, download, use, re-use, or otherwise make available to or share with (“Post,” “Posting,” or “Posted“) any Material that does not comply with the Content Standards set out in these Terms of Use;
to transmit or procure the sending of any advertising, commercial solicitations, or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation or promotional material relating to websites, services, products, or other offerings which are competitive with the Company or the Site;
to impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or Entity (including by using email addresses or screen names associated with any of the foregoing); or
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Us, may harm the Company or Users of the Site, or expose them to liability.

Additionally, You shall not:

use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities on or through the Site;
use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the Material on the Site;
use any manual process to monitor or copy any of the Material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without Our prior written consent;
use any device, software, or routine that interferes with the proper functioning of the Site;
introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
copy, take a screenshot, or make any reproduction, use, transfer, or disclosure of any Posted Material or User Contributions unless in compliance with all applicable laws and You have received the consent of the individual or Entity that owns such Material or User Contributions, respectively;
scrape, decompile, reverse engineer, reproduce, redistribute, create derivative works from, alter, archive, or disassemble any part of the Site or Material;
attempt to circumvent any of Our security, filtering, or digital rights management measures;
submit any malicious program, script, or code;
submit an unreasonable number of requests to Our servers;
take any other actions to manipulate, interfere with, or damage the Site; or
otherwise attempt to interfere with the proper working of the Site.

7. Customer Data Ownership

7.1 Your Data

As between You and the Company, You own all right, title, and interest in and to all data, content, and information that You or Your authorized users upload, submit, store, or transmit to or through the Site or Services (“Customer Data“). Customer Data includes, without limitation:

(a) Event and Organization Data: event listings, descriptions, venue information, pricing, schedules, and organizational profiles;

(b) Attendee and Participant Data: information about ticket purchasers, event attendees, donors, registrants, and other end users collected through Your use of the Services;

(c) Transaction Data: records of sales, donations, registrations, and other transactions processed through the Services on Your behalf;

(d) Marketing Data: email lists, marketing content, campaign data, and audience information You create or upload;

(e) Creative Assets: images, graphics, logos, videos, and other media You upload to the Services; and

(f) Analytics and Reports: data and reports derived from Your use of the Services that relate specifically to Your events, transactions, or operations.

7.2 License to Customer Data

While You retain ownership of Your Customer Data, You hereby grant the Company a limited, non-exclusive, worldwide, royalty-free license to host, store, transfer, display, perform, reproduce, modify (for formatting and technical purposes only), and distribute Your Customer Data solely as necessary to:

(a) provide, maintain, and improve the Services;

(b) process transactions and fulfill orders on Your behalf;

(c) send communications to Your attendees, donors, or customers as directed by You or as necessary to complete transactions;

(d) generate anonymized, aggregated analytics and benchmarking data (which shall not identify You or any individual); and

(e) comply with applicable law or respond to valid legal process.

This license continues for the duration of Your use of the Services and for a reasonable period thereafter solely as necessary to complete pending transactions, comply with legal obligations, and facilitate data export or deletion as described in Section 25 (Account Lifecycle).

7.3 No Sale of Customer Data

The Company will not sell, rent, or lease Your Customer Data to third parties. The Company will not use Your Customer Data for advertising or marketing purposes unrelated to providing the Services to You, except with Your explicit consent.

7.4 Aggregated and Anonymized Data

Notwithstanding the foregoing, the Company may create and use aggregated, anonymized, or de-identified data derived from Customer Data and Your use of the Services (“Aggregated Data“) for any lawful business purpose, including industry analysis, benchmarking, service improvement, and marketing of the Services. Aggregated Data will not identify You, Your organization, or any individual. As between the Parties, the Company owns all Aggregated Data.

7.5 Customer Data Representations

You represent and warrant that:

(a) You have all necessary rights, consents, and permissions to upload, store, and process Customer Data through the Services, including any personal data of third parties;

(b) Your collection, use, and processing of Customer Data complies with all applicable laws, including privacy and data protection laws;

(c) You have provided all required notices and obtained all required consents from individuals whose personal data is included in Customer Data; and

(d) Customer Data does not and will not violate any third party’s intellectual property, privacy, or other rights.

7.6 Data Portability

You may export Your Customer Data at any time through the data export features available in Your account dashboard or by submitting a request to support@eventgroove.com. The Company will provide Customer Data in a commonly used, machine-readable format. Reasonable data export requests will be fulfilled within thirty (30) days.

8. User Contributions

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

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

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Us and Our affiliates, licensees, and service providers, and each of their and Our respective Representatives;
all of Your User Contributions do and will comply with these Terms of Use and all applicable laws;
You understand and acknowledge that You are solely responsible for any User Contributions You submit or contribute, and You, not the Company, shall be fully responsible for any such User Contributions Material, including its legality, reliability, accuracy, and appropriateness;
We shall under no circumstance be required to obtain any license from or pay royalties to any third party with respect to any User Contributions;
You have obtained all necessary releases from any individuals or Entities who appear in the User Contributions; and
the User Contributions do not, and will not, infringe, misappropriate, or violate any third party’s rights, including any Intellectual Property Rights, rights of publicity, moral rights, or privacy rights.

We are not responsible or liable to You or any third party for any User Contributions Posted by You or any other User of the Site.

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

9. Monitoring and Enforcement; Termination

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

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

YOU HEREBY IRREVOCABLY WAIVE AND HOLD HARMLESS, INDEMNIFY, AND DEFEND THE COMPANY AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE REPRESENTATIVES FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

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

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

10. Content Standards

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

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

11. Reliance on Posted Information

The Material provided or made available on or through the Site is solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of the Material. Any reliance You place on such Material is strictly at Your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIAL BY YOU OR ANY OTHER VISITOR TO THE SITE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

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

12. Changes to the Site

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

13. Data Protection and Privacy Compliance

13.1 Privacy Policy

The Company’s collection, use, and disclosure of personal information is governed by the Company’s Privacy Policy, available at https://www.eventgroove.com/privacy-policy, which is incorporated into these Terms of Use by reference. By using the Services, You acknowledge that You have read and understand the Privacy Policy.

13.2 Data Processing Obligations

To the extent the Company processes personal data on Your behalf, the Company agrees to:

(a) ensure that personnel authorized to process personal data are subject to appropriate confidentiality obligations;

(b) implement appropriate technical and organizational security measures to protect personal data;

(c) assist You, at Your expense, in ensuring compliance with data security, breach notification, and data protection impact assessment obligations under applicable law;

(d) upon termination of the Services, delete or return personal data as described in Section 25 (Account Lifecycle), unless retention is required by law; and

(e) make available information necessary to demonstrate compliance with this Section upon reasonable request.

13.3 Data Processing Roles and Responsibilities

With respect to personal data collected through the Services:

(a) Roles: If You are an event organizer, fundraiser, or other user who collects personal data from attendees, donors, or other individuals through the Services, You are the “data controller” (as defined under the GDPR) or “business” (as defined under the CCPA) with respect to such personal data. The Company acts as a “data processor” (under GDPR) or “service provider” (under CCPA) when processing personal data on Your behalf.

(b) Processing Limitations: The Company will process personal data collected through the Services only in accordance with Your documented instructions and as necessary to provide the Services under this Agreement. The Company will not process such personal data for any other purpose unless required by applicable law, in which case the Company will inform You of such legal requirement before processing (unless prohibited by law from doing so).

(c) Data Subject Rights Assistance: The Company will assist You in responding to requests from individuals exercising their rights under applicable data protection laws, including requests for access, deletion, correction, and data portability. Upon receiving notice from You of such a request, the Company will provide reasonable assistance within ten (10) business days or such shorter period as may be required by applicable law.

(d) Standard Contractual Clauses: For transfers of personal data of individuals located in the European Union, European Economic Area, or United Kingdom to the United States, the Company will execute the Standard Contractual Clauses approved by the European Commission upon Your request at no additional charge. To request execution of Standard Contractual Clauses, contact support@eventgroove.com.

(e) CCPA Certification: With respect to personal information of California residents processed on Your behalf, the Company certifies that it: (i) will not sell such personal information; (ii) will not retain, use, or disclose such personal information for any purpose other than providing the Services or as otherwise permitted by the CCPA; (iii) will not retain, use, or disclose such personal information outside of the direct business relationship with You; and (iv) understands and will comply with the restrictions set forth in this Section and the CCPA.

13.4 International Data Transfers

The Company is based in the United States, and Customer Data may be processed and stored in the United States and other countries. By using the Services, You consent to the transfer of Customer Data to the United States and other jurisdictions that may not provide the same level of data protection as Your home country.

For transfers of personal data from the European Economic Area (“EEA“), United Kingdom, or Switzerland to the United States, the Company relies on:

(a) Standard Contractual Clauses approved by the European Commission, as described in Section 13.3(d) above; and/or

(b) other valid transfer mechanisms as permitted under applicable law.

13.5 California Privacy Rights

If You are a California resident, You have certain rights under the California Consumer Privacy Act (“CCPA“) and California Privacy Rights Act (“CPRA“), as described in the Company’s Privacy Policy. These rights include:

(a) the right to know what personal information the Company collects, uses, and discloses;

(b) the right to request deletion of Your personal information, subject to certain exceptions;

(d) the right to opt out of the sale or sharing of personal information (noting that the Company does not sell personal information as defined under the CCPA/CPRA); and

(e) the right to non-discrimination for exercising Your privacy rights.

To exercise these rights, contact the Company at support@eventgroove.com or through the methods described in the Privacy Policy.

13.6 Other U.S. State Privacy Laws

Residents of Virginia, Colorado, Connecticut, Utah, and other states with comprehensive privacy laws may have similar rights under applicable state law. Please refer to the Company’s Privacy Policy for information about exercising rights under state privacy laws.

13.7 Your Data Protection Obligations

If You are an event organizer, fundraiser, or other user who collects personal data from attendees, donors, or other individuals through the Services, You acknowledge and agree that, in addition to Your role as data controller or business as described in Section 13.3(a):

(a) You are responsible for providing appropriate privacy notices to individuals and obtaining any required consents;

(b) You will process personal data only in compliance with applicable data protection laws and Your own privacy policy;

(c) You will respond to data subject requests (such as access, deletion, or correction requests) from individuals whose data You have collected, and will promptly notify the Company if You receive a request that requires the Company’s assistance to fulfill; and

(d) You will maintain appropriate security measures for any personal data You access or download from the Services.

13.8 Security Incident Notification

In the event of a confirmed security breach affecting Customer Data that the Company is required by law to report to You, the Company will notify You without undue delay (and in any event within seventy-two (72) hours of confirmation) by email to the address associated with Your account. Such notification will include, to the extent known: (a) a description of the nature of the breach; (b) the categories and approximate number of affected individuals and records; (c) the likely consequences of the breach; and (d) measures taken or proposed to address the breach. You are responsible for determining whether notification to affected individuals or regulatory authorities is required and for providing such notification.

14. Electronic Communications and Consent

14.1 Consent to Electronic Communications

By creating an account, using the Services, or providing Your contact information to the Company, You consent to receive electronic communications from the Company, including:

(a) Transactional Communications: emails, text messages, and in-app notifications related to Your account, transactions, events, orders, and use of the Services, including order confirmations, shipping notifications, event reminders, and account alerts;

(b) Service Communications: notices about changes to the Services, Terms of Use, Privacy Policy, scheduled maintenance, security alerts, and other operational matters; and

(c) Marketing Communications: promotional emails, newsletters, and marketing messages about the Company’s products, services, features, and events (subject to Your opt-out rights described below).

14.2 Electronic Delivery of Legal Notices

You agree that the Company may provide all legally required notices, disclosures, and communications electronically by:

(a) posting them on the Site;

(b) sending them to the email address associated with Your account; or

You agree that electronic delivery satisfies any legal requirement that such communications be in writing. It is Your responsibility to maintain a valid email address in Your account and to regularly check for communications from the Company. Notice is deemed received: (i) if posted on the Site, when posted; (ii) if sent by email, twenty-four (24) hours after the email is sent; and (iii) if sent by in-app notification, when the notification is sent.

14.3 Consent to Telephone Communications

By providing a telephone number to the Company, You consent to receive calls and text messages at that number from the Company or its service providers, including through the use of automated dialing technology or prerecorded messages, for:

(a) transactional purposes, including order confirmations, delivery updates, event reminders, and account security alerts; and

(b) marketing purposes, subject to Your opt-out rights described below.

You understand that consent to marketing calls or texts is not a condition of purchasing any goods or services. Standard message and data rates may apply. Message frequency varies.

14.4 Opt-Out Rights

Marketing Emails: You may opt out of receiving marketing emails by clicking the “unsubscribe” link in any marketing email or by adjusting Your communication preferences in Your account settings. Please note that even if You opt out of marketing emails, You will continue to receive transactional and service-related communications.

Marketing Text Messages: You may opt out of marketing text messages at any time by replying “STOP” to any marketing text message, by adjusting Your communication preferences in Your account settings, or by contacting support@eventgroove.com. After opting out, You may receive a confirmation message.

Transactional Communications: Because transactional communications are necessary for the Services to function, You cannot opt out of transactional emails or text messages while maintaining an active account. If You do not wish to receive transactional communications, You must close Your account.

14.5 E-SIGN Act Disclosure

The following disclosures are provided pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act):

(a) Hardware and Software Requirements: To receive electronic communications, You need: a device with internet access; a current web browser that supports TLS 1.2 or higher (such as the current version of Chrome, Firefox, Safari, or Edge); a valid email address; and sufficient storage space or a printer to retain copies of communications.

(b) Withdrawal of Consent: You may withdraw Your consent to receive electronic communications by contacting support@eventgroove.com. If You withdraw consent, the Company may terminate Your account or restrict Your access to certain features of the Services that require electronic communication.

(c) Paper Copies: You may request paper copies of any electronic communication by contacting support@eventgroove.com within one hundred eighty (180) days of the communication. The Company may charge a reasonable fee to cover printing and mailing costs.

(d) Updating Contact Information: You must keep Your email address and other contact information current in Your account settings. You can update Your information by logging into Your account or by contacting support@eventgroove.com.

15. Linking to the Site and Social Media Features

You may link to Our homepage, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part without Our express written consent.

The Site may provide certain social media features that enable You to:

link from Your own or certain third-party websites to certain Material on the Site;
send emails or other communications with certain Material, or links to certain Material, on the Site; or
cause limited portions of Material on the Site to be displayed or appear to be displayed on Your own or certain third-party websites.

You may use these features solely as they are provided by Us and solely with respect to the Material they are displayed with and otherwise in accordance with these Terms of Use and any additional terms and conditions We provide with respect to such features.

Subject to the foregoing, You must not:

establish a link from any website that is not owned by You;
cause the Site or portions of it to be displayed on, or appear to be displayed by, any other website (e.g., framing, deep linking, or in-line linking);
link to any part of the Site other than the homepage; or
otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.

The website from which You are linking, or on which You make certain Material accessible, must comply with the Content Standards and User Contributions requirements set out in these Terms of Use and must not violate the Prohibited Uses restrictions under Section 6.

You agree to cooperate with Us in immediately stopping any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

We may disable any or all social media features and any links at any time without notice in Our sole discretion.

16. Links from the Site

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

17. Indemnification

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

(a) Your or Your Representatives’ violation of these Terms of Use;

(b) Your or Your Representatives’ access to or use of the Site, including Your User Contributions, any use of the Site’s Material, services, and products other than as expressly authorized in these Terms of Use;

(d) Your breach of any applicable local, state, provincial, national, or other law, rule, or regulation or the rights of any third party;

(e) any Feedback that You give or receive;

(f) Our collection and remission of taxes; and

(g) Your collection, use, or processing of Customer Data, including any claims by individuals whose personal data is included in Customer Data.

18. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:

(A) IN NO EVENT WILL COMPANY OR ITS AFFILIATES OR ITS AND THEIR RESPECTIVE REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, STATUTORY, OR PUNITIVE DAMAGES OF ANY KIND INCLUDING UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, NOR FOR ANY DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE OR PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY, LOSS OF TIME, INCONVENIENCE, OR UNAUTHORIZED INTERCEPTION BY THIRD PARTIES INCLUDING OF ANY USER CONTRIBUTIONS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES (“LOSSES”);

(B) WITHOUT LIMITING THE FOREGOING, COMPANY (INCLUDING ITS AFFILIATES AND ITS AND THEIR RESPECTIVE REPRESENTATIVES) WILL NOT BE LIABLE FOR LOSSES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY SERVICES OR MATERIAL ON THE SITE, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED OR OTHERWISE PRESENT IN CONNECTION THEREWITH;

(C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICES, OR MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE IS TO STOP USING THE SITE; AND

(D) COMPANY’S (INCLUDING ITS AFFILIATES’ AND ITS AND THEIR RESPECTIVE REPRESENTATIVES’) MAXIMUM AGGREGATE LIABILITY FOR ALL LOSSES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SITE OR SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF: (I) THE TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED DOLLARS (USD $100.00).

(E) FOR USERS WHO HAVE NOT PAID ANY FEES TO THE COMPANY, COMPANY’S MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS (USD $100.00).

(F) THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS IN THE AGGREGATE, NOT PER CLAIM OR PER INCIDENT.

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

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE.

19. Disclaimer of Warranties

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

TO THE FULLEST EXTENT PROVIDED UNDER APPLICABLE LAW:

(A) IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE REPRESENTATIVES BE LIABLE FOR ANY LOSSES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER SYSTEMS, SOFTWARE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE SITE OR TO YOUR ACCESS TO, USE OF, OR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT;

(B) YOUR USE OF THE SITE, ITS MATERIAL, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE SITE IS AT YOUR OWN RISK;

(C) THE SITE, ITS MATERIAL, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, IMPLIED, OR OTHERWISE; AND

(D) WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE (INCLUDING WITH RESPECT TO THE SITE AND ALL MATERIAL PROVIDED ON OR THROUGH THE SITE). NEITHER THE COMPANY NOR ANY OF ITS REPRESENTATIVES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, USEFULNESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY MATERIAL PROVIDED ON OR THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF ITS REPRESENTATIVES MAKES ANY REPRESENTATION OR WARRANTY THAT THE SITE, MATERIAL, OR ANY SERVICES, RESULTS, OR ITEMS OBTAINED ON OR THROUGH THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, SECURE, USEFUL, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE OR ANY IT SYSTEMS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT ANY PARTICULAR IT SYSTEM, SOFTWARE, OR HARDWARE WILL BE COMPATIBLE WITH THE SITE; OR THAT THE SITE OR ANY MATERIAL, SERVICES, OR ITEMS OBTAINED ON OR THROUGH THE SITE WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO:

(A) BACKUP, PROTECT, AND PROVIDE ADEQUATE SECURITY FOR YOUR DATA (INCLUDING YOUR USER CONTRIBUTIONS AND CUSTOMER DATA) AND COMPUTER SYSTEMS;

(B) OBTAIN AND PAY FOR ANY SOFTWARE, COMPUTER SYSTEMS, AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND THE MATERIAL;

(C) ENSURE THAT ANY SOFTWARE, COMPUTER SYSTEMS, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE AND THE MATERIAL; AND

(D) EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE AND MATERIAL INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE AND ANY MATERIAL MADE AVAILABLE ON OR THROUGH THE SITE.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES (INCLUDING TO YOUR COMPUTER SYSTEM OR LOSS OF DATA (INCLUDING USER CONTRIBUTIONS AND CUSTOMER DATA)) THAT RESULTS FROM OR IS RELATED TO ACCESSING OR USING THE SITE OR ACCESSING, DOWNLOADING, USING, OR OBTAINING ANY MATERIAL.

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

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

20. Disclaimer & No Legal Advice Notice

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

21. Force Majeure

21.1 Force Majeure Events

Neither Party shall be liable for any failure or delay in performing its obligations under these Terms of Use (other than payment obligations) where such failure or delay results from a Force Majeure Event. A “Force Majeure Event” means any event beyond a Party’s reasonable control, including:

(a) acts of God, including earthquakes, floods, fires, hurricanes, tornadoes, or other natural disasters;

(b) epidemics, pandemics, quarantines, or public health emergencies;

(c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, civil unrest, or other civil commotion;

(d) government actions, laws, regulations, embargoes, orders, or restrictions, including venue closures, gathering restrictions, curfews, travel bans, or shelter-in-place orders;

(e) national or regional emergencies;

(f) strikes, labor disputes, or labor shortages (other than those involving the affected Party’s own employees);

(g) shortage of adequate power, transportation, or telecommunications facilities;

(h) failure of third-party telecommunications or internet service providers, cloud hosting providers, or other infrastructure providers not caused by the affected Party’s negligence; and

(i) cyberattacks, including distributed denial-of-service attacks, ransomware, or other malicious cyber activity, provided the affected Party maintained commercially reasonable security measures.

21.2 Notice and Mitigation

The Party affected by a Force Majeure Event shall:

(a) promptly notify the other Party in writing of the Force Majeure Event and its expected duration;

(b) use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and resume performance as soon as practicable; and

21.3 Suspension of Obligations

During the continuance of a Force Majeure Event, the affected Party’s obligations under these Terms of Use (other than payment obligations for Services already rendered) shall be suspended to the extent made impossible or commercially impracticable by the Force Majeure Event.

21.4 Extended Force Majeure

If a Force Majeure Event continues for more than sixty (60) consecutive days, either Party may terminate the affected Services or these Terms of Use upon written notice to the other Party, without liability except for:

(a) payment of fees for Services rendered prior to termination; and

(b) refunds of prepaid fees for Services not rendered due to the Force Majeure Event, prorated as appropriate.

21.5 Event Cancellations and Postponements

Notwithstanding the foregoing, Force Majeure Events affecting specific events hosted on the Services (as opposed to the Services themselves) shall be governed by the event organizer’s refund and cancellation policies, as disclosed at the time of ticket purchase or registration. The Company is not responsible for event cancellations or postponements caused by Force Majeure Events, and refund eligibility for such events is determined by the applicable event organizer’s policies and applicable law.

22. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT ALSO CONTAINS PROCEDURES FOR OPT-OUT, BATCH ARBITRATION, AND LIMITATIONS ON BRINGING MASS ARBITRATION CLAIMS.

22.1 Informal Resolution First

Before initiating any arbitration or court proceeding, You agree to first contact the Company at support@eventgroove.com with a written description of Your dispute (“Notice of Dispute“). The Notice of Dispute must include: (a) Your name and contact information; (b) a description of the nature and basis of the dispute; and (c) the specific relief You seek. The Company will attempt to resolve the dispute informally within sixty (60) days of receiving the Notice of Dispute.

If the Company does not resolve the dispute within sixty (60) days, or if the Company does not respond within thirty (30) days, You may proceed to arbitration as described below. Failure to engage in this informal resolution process is grounds for dismissal of any arbitration or court proceeding.

22.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Services, or the relationship between You and the Company (collectively, “Disputes“) shall be resolved exclusively through final, binding arbitration, rather than in court, except that:

(a) either Party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information;

(b) either Party may bring an individual action in small claims court for Disputes within the court’s jurisdictional limits; and

The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules“), as modified by this Section. The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267.

22.3 Arbitration Procedures

(a) Filing: To initiate arbitration, You must send a written Demand for Arbitration to the Company at: Elk River Systems, Inc., Attn: Legal Department, 22 S Central Ave., Harlowton, MT 59036, and file the Demand with JAMS. The Demand must include: (i) a copy of Your Notice of Dispute and evidence that the informal resolution period has expired; (ii) a statement of the legal claims asserted and factual basis; and (iii) a description of the relief sought, including a good-faith calculation of any monetary damages.

(b) Selection of Arbitrator: The arbitration will be conducted by a single neutral arbitrator selected in accordance with the JAMS Rules. The arbitrator must be a retired judge or an attorney with at least ten (10) years of relevant legal experience.

(c) Hearing Format: Unless the Parties agree otherwise or the arbitrator determines that an in-person hearing is necessary, hearings will be conducted by videoconference or telephone. If an in-person hearing is required, it will be held in a location reasonably convenient for both Parties, taking into account their ability to travel and other relevant circumstances. If the Parties cannot agree, JAMS or the arbitrator will determine the location.

(d) Discovery: Discovery shall be limited to: (i) exchange of documents directly relevant to the Dispute; and (ii) one set of up to ten (10) interrogatories per Party. The arbitrator may allow additional discovery for good cause shown.

(e) Confidentiality: All aspects of the arbitration, including the hearing, any settlement, and the award, shall be confidential, except as may be necessary to enforce the arbitration award or as otherwise required by law.

(f) Arbitrator’s Authority: The arbitrator shall have exclusive authority to resolve all Disputes, including the scope, enforceability, and arbitrability of this arbitration provision. The arbitrator may award any relief that would be available in court, including injunctive relief and attorneys’ fees to the extent authorized by law, but only to the extent warranted by the individual claim. The arbitrator’s award shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

22.4 Fees and Costs

(a) Consumer Users: If You are an individual using the Services for personal, non-commercial purposes, the Company will pay all JAMS filing, administrative, and arbitrator fees if Your Dispute seeks less than $10,000 in damages. If the arbitrator finds that either the substance of Your claim or the relief sought is frivolous or brought for an improper purpose, payment of fees shall be governed by the JAMS Rules.

(b) Business Users: If You are using the Services on behalf of a business or for commercial purposes, payment of JAMS fees shall be governed by the JAMS Rules, unless the Parties agree otherwise.

(c) Attorneys’ Fees: Each Party shall bear its own attorneys’ fees and costs, except that the arbitrator may award attorneys’ fees to the prevailing Party to the extent authorized by applicable law or these Terms of Use.

22.5 Class Action and Jury Trial Waiver

YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.

All Disputes must be brought in each Party’s individual capacity, not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims except as provided in the Batch Arbitration section below and may not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable, then the entirety of this arbitration provision shall be null and void, and the Dispute shall be decided by a court.

22.6 Batch Arbitration

To ensure efficient resolution of Disputes where multiple claimants raise similar claims, the following batch arbitration procedures shall apply:

(a) Triggering Condition: If twenty-five (25) or more claimants submit Notices of Dispute or Demands for Arbitration raising similar claims, and counsel for the claimants requests batch arbitration treatment, the Disputes shall be subject to this batch arbitration provision.

(b) Bellwether Selection: Counsel for the claimants and counsel for the Company shall each select up to ten (10) Disputes to proceed as initial bellwether cases. If the Parties cannot agree on selection, JAMS shall randomly select up to twenty (20) bellwether cases. The remaining Disputes shall be stayed pending resolution of the bellwether cases.

(c) Bellwether Resolution: The bellwether cases shall proceed to arbitration individually. After the bellwether arbitrations are concluded, the Parties shall engage in a single mediation session to attempt to resolve the remaining Disputes, informed by the results of the bellwether cases.

(d) Remaining Disputes: If mediation does not resolve all remaining Disputes, the remaining Disputes may proceed in batches of up to fifty (50) Disputes at a time, assigned to one or more arbitrators as determined by JAMS.

(e) Filing Fee Provisions: To discourage frivolous mass filings, if You are represented by counsel or an organization that has filed twenty-five (25) or more similar Disputes, the filing fee for each Dispute shall be allocated in accordance with JAMS Rules and this provision. The Company will pay filing fees for the bellwether cases; filing fees for remaining Disputes shall be held in abeyance until after the mediation.

22.7 Opt-Out Right

You may opt out of this arbitration provision by sending written notice to the Company within thirty (30) days of first accepting these Terms of Use. The notice must be sent to: Elk River Systems, Inc., Attn: Arbitration Opt-Out, 22 S Central Ave., Harlowton, MT 59036, or by email to support@eventgroove.com with the subject line “Arbitration Opt-Out.” The notice must include: (a) Your name, address, and email address; (b) the date You first accepted these Terms of Use; and (c) a clear statement that You wish to opt out of arbitration.

If You opt out, You and the Company may litigate Disputes in court, subject to the remaining provisions of these Terms of Use, including the governing law and forum selection provisions.

22.8 Changes to Arbitration Provision

If the Company makes any material change to this arbitration provision (other than a change to the Company’s address for notices), You may reject the change by sending written notice to the Company within thirty (30) days of the change. If You reject a material change, You will continue to be bound by the arbitration provision in effect immediately prior to the change.

22.9 Survival

This arbitration provision shall survive termination of these Terms of Use and Your use of the Services.

23. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Governing Law; Jurisdiction

For any actions not subject to arbitration, You and the Company hereby irrevocably agree to submit to the personal jurisdiction of a state court located in Bozeman, MT or the United States District Court for Montana including for all matters relating to the Site, Material, and these Terms of Use and any Claim arising therefrom or related thereto.

These Terms of Use and the relationship between You and the Company shall be in all respects governed by and construed in accordance with the laws of the State of Montana without giving effect to any choice or conflict of law provision or rule, except that the Federal Arbitration Act governs all provisions relating to arbitration.

25. Account Lifecycle

25.1 Account Creation

To access certain features of the Services, You must create an account. You agree to provide accurate, current, and complete information during registration and to keep Your account information updated. You are responsible for maintaining the confidentiality of Your account credentials and for all activities that occur under Your account.

25.2 Account Termination by You

You may terminate Your account at any time by:

(a) using the account closure feature in Your account settings; or

(b) contacting support@eventgroove.com with a request to close Your account.

Upon termination, Your right to access the Services will cease immediately, subject to Section 25.5 below regarding data retrieval.

25.3 Account Termination by Company

The Company may suspend or terminate Your account at any time, with or without cause, with or without notice, including if the Company reasonably believes that:

(a) You have violated these Terms of Use or any applicable law;

(b) You have engaged in fraudulent or abusive conduct;

(c) Your continued use of the Services poses a security risk or may cause harm to the Company, other users, or third parties; or

(d) Your account has been inactive for an extended period, as described below.

The Company will use reasonable efforts to provide notice of termination, except where prohibited by law or where notice may cause harm to the Company or third parties.

25.4 Dormant Accounts

If Your account has no login activity for twenty-four (24) consecutive months, the Company may classify Your account as dormant. For dormant accounts, the Company may:

(a) send a notification to the email address associated with the account warning of potential closure;

(b) if no response is received within sixty (60) days of such notification, close the account and delete associated Customer Data in accordance with Section 25.7.

This Section does not apply to paid subscription accounts in good standing.

25.5 Post-Termination Data Retrieval

Upon termination of Your account (whether by You or by the Company), You will have thirty (30) days to export Your Customer Data using the export features available in Your account or by contacting support@eventgroove.com. During this period, the Company will maintain Your Customer Data in a read-only state, and You will be able to log in solely for the purpose of exporting data.

If Your account is terminated by the Company for violation of these Terms of Use, the Company may, in its sole discretion, shorten or eliminate the data retrieval period if continued access poses a security risk or is otherwise inappropriate.

25.6 Data Retention After Termination

Following the data retrieval period, the Company will delete or anonymize Your Customer Data within ninety (90) days, except that the Company may retain:

(a) data necessary to comply with legal obligations, including tax, accounting, and record-keeping requirements;

(b) data necessary to resolve pending disputes or enforce these Terms of Use;

(c) transaction records and other data that the Company is required to retain under payment card industry rules or applicable law;

(d) aggregated or anonymized data that does not identify You or any individual; and

(e) backups and archives for a reasonable period, subject to the Company’s data retention policies.

25.7 Effect of Termination

Upon termination of Your account:

(a) all licenses granted to You under these Terms of Use will immediately terminate;

(b) You must cease all use of the Services;

(d) for subscription accounts, no refunds will be provided for prepaid fees, except as required by applicable law or as otherwise expressly provided in these Terms of Use; and

(e) the following Sections shall survive termination: Section 4 (Intellectual Property Rights), Section 7 (Customer Data Ownership), Section 8 (User Contributions), Section 13 (Data Protection and Privacy Compliance), Section 17 (Indemnification), Section 18 (Limitation on Liability), Section 19 (Disclaimer of Warranties), Section 22 (Dispute Resolution, Arbitration and Class Action Waiver), Section 24 (Governing Law; Jurisdiction), and any other provisions that by their nature should survive.

25.8 Outstanding Transactions

If You have outstanding transactions, pending orders, or upcoming events at the time of termination, the Company may, in its discretion:

(a) allow such transactions, orders, or events to be completed in accordance with these Terms of Use, with limited account access for such purposes; or

(b) cancel pending transactions and issue refunds as appropriate.

For event organizers, if You have upcoming events with ticket sales at the time of termination, the Company will work with You in good faith to ensure attendees are not adversely affected, which may include allowing the event to proceed, facilitating transfer to another platform, or arranging refunds.

25.9 Reinstatement

If Your account is terminated by the Company for cause, reinstatement is at the sole discretion of the Company. If Your account is closed by You or terminated due to inactivity, You may create a new account, subject to these Terms of Use.

26. Assignment

26.1 Assignment by Company

The Company may assign, transfer, or delegate these Terms of Use and any of its rights and obligations hereunder, in whole or in part, at any time without notice to You and without Your consent. This includes assignment in connection with a merger, acquisition, reorganization, sale of assets, or any other change of control or corporate transaction. Your use of the Services following any such assignment constitutes Your acceptance of the assignment.

26.2 Assignment by You

You may not assign, transfer, or delegate these Terms of Use or any of Your rights or obligations hereunder, in whole or in part, without the prior written consent of the Company. Any attempted assignment, transfer, or delegation without such consent shall be null and void. Notwithstanding the foregoing:

(a) if You are an individual, You may designate authorized users to access Your account, subject to the Company’s acceptable use policies; and

(b) if You are an organization, You may change the individual administrators of Your account, provided the organization remains bound by these Terms of Use.

26.3 Binding on Successors

Subject to the foregoing, these Terms of Use shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.

27. Waiver and Severability

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

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

28. Entire Agreement; Construction

The Terms of Use and Our Privacy Policy constitute the sole and entire agreement between You and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, fiduciary, or franchisor-franchisee relationship between You and Company. For purposes of these Terms of Use, (a) the words “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein,” “hereof,” “hereby,” and “hereunder” refer to the Agreement as a whole; and (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa.

29. Notices

29.1 Notices to You

The Company may provide notices to You by: (a) posting on the Site; (b) sending an email to the address associated with Your account; or (c) sending a message through the Services. You are responsible for keeping Your contact information current.

29.2 Notices to the Company

Except as otherwise specified in these Terms of Use, all notices to the Company shall be sent to:

Elk River Systems, Inc. DBA Eventgroove 22 S Central Ave. Harlowton, Montana 59036 Attention: Legal Department Email: support@eventgroove.com

30. Copyright Infringement

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

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

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

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

31. Contact Information

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

END OF TERMS OF USE