Last Updated: February 24, 2016
You acknowledge and agree that EventForte may occasionally send you communications regarding your account or the Service.
EventForte may, in its sole discretion, refuse to offer the Services and Software to any person or entity and change its eligibility criteria at any time. If you are not 18 years old or the age of majority as the jurisdiction you are in defines as such, this agreement can only be entered into on your behalf by your parent or other person who is lawfully entitled to give consent on your behalf such as a legal guardian. This contract provision is null and void where prohibited by law and the right to use EventForte’s Services and Software is revoked in such jurisdictions.
You acknowledge, agree, and consent the use of a keyboard, mouse, touchscreen or other electronic device to select an item, button, icon or similar act/action while using any electronic service we offer; or in accessing or making any transactions regarding any agreement, acknowledgement, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree no certification authority or other third party verification is necessary to the validity of your electronic signature; and the lack of such certification or third party verification will not in any way affect the enforceability of your signature or the resulting contract between you and EventForte.
You must be a registered user with EventForte to access the Services and Software. You are responsible for keeping your password safe and secure. You will be solely responsible and liable for any activity that occurs under your user name. You are also prohibited from sharing your password and you ensure that a user login is only used by one person (a single login shared by multiple persons is not permitted).
You are solely responsible for your conduct and your data related to the Services and Software. You agree to indemnify, defend, and hold harmless EventForte and its suppliers from any and all costs, damages, losses, claims and lawsuits, including attorneys’ fees, liability (to third parties or otherwise), and expense arising from or related to your data, your use of the Service or Software, or your violation of these terms.
The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use. Such use must be in compliance with all applicable laws and rules and regulations of the applicable jurisdiction and must not infringe or violate third party rights.
Any unauthorized use of any EventForte Service or Software is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
You are responsible for complying with the CAN-SPAM federal regulation. Failure to adhere to Federal CAN-SPAM guidelines may result in investigation and damages. As elucidated in Section 5, you agree to indemnify, defend, and hold harmless EventForte and its suppliers from any and all costs, damages, losses, claims and lawsuits, including attorneys’ fees, liability (to third parties or otherwise), and expense arising from or related to your data, your use of the Service or Software, or your violation of these terms including violations of the CAN-SPAM federal regulation.
EventForte will not issue any refunds due to lack of use of the Service and/or Software. Users are able to opt-in to recurring billing at a level selected by the user. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the user. Service invoices may not be transmitted automatically, but will be provided in PDF format upon request from our support department.
Cancellation must be issued via the Service. Any cancellation issued must be done at least ten (10) days prior to the end of the contract term assuming a month to month contract and at least three (3) months notice to the end of the contract term assuming an annual contract, to allow for adequate processing time.
EventForte will not, under any circumstances, issue any cash refunds for early contract cancellation. If you have a question about charges made to your account, please contact us immediately at email@example.com. If we determine that the charges were made in error, we will credit your account or credit card account for the appropriate amount. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
To the extent not prohibited by applicable law, in no event will EventForte or its licensors, nor their respective directors, officers, employees, consultants, licensors, licensees or affiliates, be liable for any indirect, incidental, special, consequential, punitive or exemplary loss or damage, or any loss of data, use profits, savings, business or revenue, arising out of or in connection with the download, distribution, use or performance or non-performance of the Software, even if EventForte has been advised of the possibility of such loss or damages. If you are dissatisfied with any portion of the Software or Services under the Terms of Service, to the maximum extent permitted by applicable law, your sole and exclusive remedy is to discontinue using the software. The foregoing limitations of liability shall apply notwithstanding any failure of any remedy provided for hereunder in its essential purpose. To the maximum extent permitted by applicable law, in no event will EventForte’s or its licensors’ total liability to licensee exceed the fees paid by licensee for the software under these Terms of Service.
EventForte will begin granting academic licenses for a select few students beginning 01/01/2016. To all other users, this section does not apply.
To users of the academic licenses (“Licensees”), EventForte grants Licensee access to such academic licenses solely for educational purposes directly related to Licensee's coursework at university ("Educational Purposes"). Any other use, including any use in connection with Licensee's employment outside of the university, any student internship or externship, and any commercial purpose, is prohibited. User may transfer and store temporarily insubstantial amounts of downloaded EventForte data solely for Educational Purposes. Access to certain features and databases may be restricted by EventForte. EventForte charges incurred through use of the account for Educational Purposes are waived during the term of this license. EventForte reserves the right to collect from Licensee all EventForte charges or fees incurred through use of the account for purposes other than Educational Purposes at the then-current commercial EventForte rates.
You acknowledge that EventForte owns all right, title and interest in and to the Service and Software, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service and Software.
EventForte provides services and software affiliated with the hospitality industry but is in no way a hospitality provider such as a hotel.
Except where claimed pursuant to Section 11, EventForte therefore claims no right to the intellectual property regarding the names of the various hotels and the names of the rooms of the various hotels displayed in any of EventForte’s products and software. The display of any hotel name or any room of any hotel does not imply an endorsement from any person, entity (like a hotel), or organization.
We therefore do not claim hotel names and hotel room names as our intellectual property in any way, shape, or form.
The software EventForte provides and any documentation are licensed and not sold to you. This Agreement grants you a personal, revocable, non-exclusive, non-transferable license that permits you to use the Service and Software solely in connection with the services EventForte provides, to access and use such services, and for no other purposes. You may not copy, reproduce or distribute the software EventForte provides. You agree to not sell, rent, lease, or transfer, or attempt to sell, rent, lease, or transfer, the software EventForte provides or your entitlement to use the services EventForte provides.
The Software EventForte provides may include the ability to automatically check for upgrades and updates to the Software and Service provided. You agree that EventForte may make such updates or upgrades available to you from time-to-time. Such updates or upgrades shall be subject to the terms and conditions of this Agreement unless the Software or Service EventForte provides is expressly provided to you under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply.
The service EventForte offers is provided only for your own personal use. You are responsible for all of your activity in connection with such services. You shall not (and shall not permit any third party to) (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services and Software that: (i) infringes any patent, trademark, trade secret, right in confidential information, copyright, right of publicity or other right of any other person or entity (and “Intellectual Property Right”), (ii) violates any law or contractual duty or that you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by EventForte in its sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) involves commercial activities and/or sales without EventForte’s prior written consent; (vi) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of EventForte or any third party; (vii) or impersonates any person or entity, including any employee or representative of EventForte. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by EventForte in its sole discretion) an unreasonable or disproportionately large load on EventForte’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the services EventForte provides or any activities conducted on the services EventForte provides; (iii) bypass any measures EventForte may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); or (iv) run any form of auto-responder or “spam” on the services EventForte provides. You also agree that you will only use the software and services EventForte provides in accordance with this Agreement and all applicable laws.
Normal carrier charges and taxes may apply to any Services or Software you access from the EventForte website or from mobile applications. EventForte is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the EventForte website or mobile applications. With respect to mobile versions or applications, your carriers’ normal rates and fees, including text messaging and data fees may apply to your use of EventForte’s website, Services, or Software. In the event you change or deactivate your mobile telephone number, you will endeavor to update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the Services or Software for any reason—or to attempt or assist another person to do so.
Except as specified in Sections 11 and 12, by transmitting any message, communication, information or data including photos, location information, venue and meeting room information, and diagrams (“Content”), you grant EventForte and its affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content to collect, use, store, handle, reproduce, display, perform, and transmit such Content for the purpose of providing the services EventForte provides. You represent and warrant, and can demonstrate to EventForte’s full satisfaction upon request that you (a) own or otherwise control all rights to all Content, or that the Content is in the public domain, (b) you have the permission to use the name and likeness of each identifiable individual person in such Content and to use such individual’s identifying or personal information as contemplated by this agreement, and (c) you are authorized to grant all of the aforementioned rights to the Content to EventForte.
EventForte wishes to continually expand its services. EventForte welcomes any ideas, suggestions, or feedback, related to its software or services or for upgrades, updates, improvements, new features or functions thereto (“Ideas”). If you provide EventForte with any Ideas, whether orally, in writing, or in any other way, you grant EventForte a non-exclusive, transferable, worldwide, royalty-free, sub-licensable and non-revocable license to develop, make, have made, reproduce, have reproduced, import, modify, make derivative works of, sell, and offer to sell Ideas as part of EventForte’s technology, products or services. You shall not knowingly provide EventForte with any Ideas that is subject to third party intellectual property rights or that includes or reveals any confidential information of any person.
Similar to how you may give EventForte suggestions, it is also possible that EventForte may give you suggestions regarding use of the Service or Software. You agree and acknowledge that such suggestions made by EventForte are not requirements, but merely advice given by staff at EventForte for use of the Service and Software. You agree that any loss you may incur due to suggestions made by EventForte are yours to bear.
YOUR ACCESS TO AND USE OF THE SERVICES AND SOFTWARE PROVIDED BY EVENTFORTE ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES AND SOFTWARE EVENTFORTE PROVIDES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, OUR AFFILIATES AND WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES AND SOFTWARE EVENTFORTE PROVIDES OR ANY CONTENT THEREON. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER, TABLET, OR CELLULAR PHONE SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED IN THE SERVICES OR SOFTWARE EVENTFORTE PROVIDES. WE MAKE NO WARRANTY THAT THE SERVICES OR SOFTWARE EVENTFORTE PROVIDES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SERVICES OR SOFTWARE EVENTFORTE PROVIDES OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
The services or software EventForte provides may permit you to link to other websites, services or resources on the Internet. When you access third party websites, services or resources, you do so at your own risk. They are not under EventForte’s control, and you acknowledge that EventForte is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services, or resources. The inclusion of any such link does not imply endorsement by EventForte or any association with its operators. You further acknowledge and agree that EventForte shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource.
22.1 Resolving a Dispute. We want to address your concerns without needing a formal legal case. Before filing a claim against EventForte, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or EventForte may bring a formal proceeding.
22.2 Judicial forum for disputes. You and EventForte agree that any judicial proceeding to resolve claims relating to these Terms or the services or software EventForte provides will be brought in the federal or state courts of Los Angeles County, California, subject to the mandatory arbitration provisions below. Both you and EventForte consent to venue and personal jurisdiction in such courts.
22.3 Arbitration. You and EventForte agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
22.4 Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing back to us at email@example.com with the Subject Line, “Opt Out”, within 30 days of first accepting these Terms.
22.5 Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Los Angeles County (CA), or any other location we agree to.
22.6 Exceptions to Agreement to Arbitrate. Either you or EventForte may assert claims, if they qualify, in small claims court in Los Angeles(CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the services or software EventForte provides, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Los AngelesCounty, California to resolve your claim.
22.7 NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
These Terms of Service will be governed by California law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
These terms of service constitute the entire agreement between you and EventForte with respect to the subject matter of these terms of service, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These terms of service create no third party beneficiary rights.
EventForte's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the terms of service will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. EventForte may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services and Software.
We may revise these terms of service from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services and Software after the revisions come into effect, you agree to be bound by the revised Terms of Service.
We do our best to keep EventForte safe, but we cannot guarantee it. We need your help to keep EventForte safe, which includes the following commitments by you: