Elk River Systems, Inc. DBA Eventgroove

Last Modified: August 29, 2023

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 FEW 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 21 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.

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.

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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. 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.

8. 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.

9. 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.

10. Reliance on PostedInformation

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 anyUser or third parties. 

11. 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.

12. Information About You and Your Visits to the Site

All personal information We collect on this Site is subject to Our Privacy Policy at https://www.eventgroove.com/privacy-policy/. By using the Site, You consent to all actions taken by Us with respect to Your personal information in compliance with Our Privacy Policy.

13. 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.

14. 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.

15. 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:

• Your or Your Representatives’ violation of these Terms of Use;
• 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;
• Your or Your Representatives’ access to or use of any Material obtained from the Site;
• Your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party;
• any Feedback that You give or receive; and
• Our collection and remission of taxes.

16. 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 SHALL IN NO EVENT EXCEED USD$1.00.

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.

17. 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 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)) THAT RESULTS FROM OR IS RELATED TO ACESSING 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.

18. 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 REPRESENTATVIVES 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.

19. 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.

20. Governing Law; Jurisdiction for Legal Claims Not Subject to Arbitration Will Be Handled in Bozeman, MT

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.

21. Dispute Resolution, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, AND PROVIDES THAT YOU AND THE COMPANY WILL WAIVE ANY RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION FOR MATTERS WITHIN THE TERMS OF THIS SECTION.

We encourage You to contact Us if You have an issue, as most issues can be resolved without the involvement of a court or arbitrator. If negotiations do not resolve any Claims relating to Your use of the Site, Material or these Terms of Use, You and We agree to this arbitration provision.

 

Using or accessing the Site or Material (and otherwise agreeing to the Terms of Use) constitutes Your acceptance of this arbitration provision and Your agreement that any Claims will be resolved by final, confidential, binding arbitration, rather than in court, except that (i) You or the Company may seek equitable relief in court for infringement or misuse of Intellectual Property Rights; and (ii) You may assert Claims in small claims court if Your Claims qualify.

SUBJECT TO THE FOREGOING, ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL, CONFIDENTIAL, BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT THE COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS AND THAT CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED HEREUNDER AND YOU ARE IRREVOCABLY AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. CLAIMS OF MORE THAN ONE USER, ORGANIZER, ATTENDEE, CUSTOMER, INDIVIDUAL OR ENTITY CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, ORGANIZER, ATTENDEE, CUSTOMER, INDIVIDUAL OR ENTITY. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this arbitration provision. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The JAMS minimum standards for arbitration procedures are available at https://www.jamsadr.com/consumer-minimum-standards/.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by You or by Us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the provisions of these Terms of Use and will be final, confidential and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use but only to the extent necessary to provide relief warranted by the individual Claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude You from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against Us for You.

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 under the laws of the State of Montana, without regard to its conflict of law provisions, except that the Federal Arbitration Act governs all provisions relating to arbitration.

22. 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.

23. 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.

24. Copyright Infringement; Your Comments and Concerns

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.

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