Elk River Systems, Inc. DBA Eventgroove
Last Modified: October 12, 2022
[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 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.]
Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site and any service or Material We provide on the Site in Our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is 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.
You are responsible for:
- making all arrangements necessary for You to have access to the Site; and
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 person or entity. You also acknowledge that Your account is personal to You, and You shall not provide any other person 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.
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 United States and international copyright, trademark, patent, trade secret, database rights and other intellectual property or proprietary rights laws.
- 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.
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 are the trademarks of their respective owners.
- 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 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 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; or
- otherwise attempt to interfere with the proper working of the Site.
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 (collectively, “User Contributions”) on or through the Site.
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 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, channel or technology currently known or later developed including the right to incorporate or implement Your User Contributions into the Site and any of our services or products and to display, market, sublicense and distribute Your User Contributions as incorporated or embedded in the Site or any other software or any website, service or product distributed or offered by Us and the copyright, trademark, patent, trade secret, database rights, privacy and publicity rights and all other intellectual property or proprietary rights 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 and service providers, and each of their and Our respective licensees, successors, and assigns; and
You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not the Company, shall be fully responsibility for such Material, including its legality, reliability, accuracy, and appropriateness.
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.
In addition, if You provide to Us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site, Material, Our business or otherwise, such Feedback will be deemed Material, and you hereby acknowledge and agree that such Material is not confidential and that your provision of such Feedback is gratuitous, unsolicited and without restriction and does not place Us under any fiduciary or other obligation.
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;
- 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; 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 WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE REPRESENTATIVES (DEFINED BELOW) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING –OR TAKEN AS A CONSEQUENCE OF– INVESTIGATIONS BY ANY 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. 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.
The content standards (“Content Standards”) set forth in this section apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, 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;
- infringe any patent, trademark, trade secret, copyright, database rights or other intellectual property, proprietary, privacy, publicityor other rights of any other person or entity;
- be likely to deceive any person 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 person or entity;
- impersonate any person or entity, or misrepresent Your or Our identity or affiliation with any person or entity;
- involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
- give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.
Reliance on Information Posted
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, which are solely the opinions and the responsibility of the person 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 any Material provided by any third parties.
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.
Information About You and Your Visits to the Site
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 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
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.
Links from the Site
If the Site contains links to other websites and resources provided by third parties, 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 loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to the Site, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
(A) IN NO EVENT WILL WE, OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, 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, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY, OR UNAUTHORIZED INTERCEPTION BY THIRD PARTIES INCLUDING OF ANY USER CONTRIBUTIONS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES (“DAMAGES”);
(B) WITHOUT LIMITING THE FOREGOING, COMPANY (INCLUDING ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE REPRESENTATIVES) WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY SERVICES OR MATERIALS 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’, LICENSORS’, SERVICE PROVIDERS’, AND OUR AND THEIR RESPECTIVE REPRESENTATIVES’) MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES SHALL IN NO EVENT EXCEED USD$1.00.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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 DAMAGES 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 OR IMPLIED; AND
(D) WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR 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 DAMAGES (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.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Entire Agreement; Construction
Copyright Infringement; Your Comments and Concerns
The Company respects the intellectual property rights of others, and We ask You and all other individuals 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; or
- 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
All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: email@example.com.