Evntfully Terms Of Service

Last Updated: March 12, 2017

These Terms of Service (“Terms” or “Agreement”) are a contract between you (the Customer) and us (Evntfully or “we”). They describe the services provided when you sign up for an account with us, define aspects of our business relationship, and set forth the terms and conditions that apply to your access to and use of the website, and services owned and operated by Evntfully LLC. Signing up for an Account/Plan indicates agreement with, and acceptance of, these Terms.

This is a legal contract, so if you are entering into this agreement on behalf of a company, government agency, organization, or other legal entity, you represent that you have the authority to bind such entity to these Terms. (In this case, “you” and “your” would then refer to the entity.) We will not knowingly accept this Agreement from anyone under the age of consent, or who lacks the capacity to understand these Terms. Neither will we knowingly collect their Personal Information, as defined below.

When you accept this Agreement, you are also agreeing to our Privacy Policy, which form part of these Terms. These Terms, the Privacy Policy may be amended at any time, with or without notice or notification, so we recommend periodically reviewing them, as continued use of the Site and/or Services indicates acceptance of the latest version of each. We also suggest printing or saving a local copy of these Terms, the Privacy Policy for your records.


General Terms

Account: An Account is created when an individual, company, or other entity, or any representative of such, signs up enterign their name, company name, email and password. Accounts can either be trial based or paid Subscriptions.

Account Owner: The person company, corporation, organization, or other entity whose name appears on the credit card that pays for the Evntfully Subscription.

Cancellation: Removing subscription fees and access to an Account.

Confidential Information: Any information marked confidential, identified as confidential at the time of disclosure, or that ought reasonably to be considered confidential, whether received in writing, visually, electronically, or orally. Confidential information includes, but is not limited to: technical information, marketing and business plans, databases, specifications, formulations, tooling, prototypes, sketches, models, drawings, procurement requirements, engineering information, samples, computer software (source and object codes), forecasts, identity of or details about actual or potential Customers or projects, techniques, inventions, discoveries, know-how and trade secrets.”Confidential Information” also includes all such business or technical information of any Third Party that is in Eventfully's possession.

Downgrade: limiting the paid features from an Account.

Events: Events are created by users/members, they are part of the paid features of an Account and are limited by subscription level

Feedback: Comments received orally, in writing, or electronically, from current, past, or potential Customers. Feedback may include (but is not limited to) ideas, suggestions, concepts, processes, techniques, questions, answers, codes/scripts, and other comments related to our Services, the Site, features, Customer Support, documentation, our business, affiliates, partners, licensors, or employees.

Materials: Anything provided by or through Evntfully, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to, software, informational text, documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof.

Members: Members are additional users that can be associated to your paid account. Members are a paid feature of an account and are limited by subscription level

Profile/Profile Information: All information in the “Your Profile” section of the application, including, but not limited to, full name, email address, password, profile picture, subscription plan.

Third Party: Any organization or person, other than you or Evntfully. This includes, but is not limited to: CRM/CMS systems, email marketing software, billing and shopping cart/check-out platforms, PPC conversion tracking codes, analytics and other tracking software, non-Evntfully forms, file hosting/sharing platforms, and any organization or person with which you or Evntfully conducts business or integrates.

Trial Period: The first ten days of a new account are the Trial Period. One Trial Period is allowed per email address.

Trial Program: A temporary, free release of a new feature that may later be added to a Subscription for an additional fee.

Upgrade: Expanding the paid features from an Account.

User Credentials: The email address and password under which your Account was created.

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Your Profile Information and Account

Entering your User Credentials is the only way to log in and access your Account. You understand and agree that you are responsible for maintaining the confidentiality of your User Credentials. You agree to provide true, accurate, current, and complete information about yourself, or the entity you represent, and you agree not to misrepresent your Profile Information. Evntfully is not responsible for any Profile Information that may be lost or irrecoverable through the use of the Site or Services.

For as long as you remain the Account Owner and in compliance with this Agreement, you have the right to access and use the Services. This right is non-transferable, and you agree not to disclose your User Credentials to any Third Party. You are solely responsible for all activities that occur within your Account. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Evntfully immediately. It is your responsibility to update or change any Account or Profile Information, as needed or desired.

Billing information can be updated from within your Account, and may only be changed by the Account Owner. Evntfully disclaims all liability where Account ownership is disputed, and will not participate or play any role in such disputes. Evntfully will automatically charge the credit card on file; should the billing information be changed, the new credit card will be charged. If an updated credit card is under a different name, the owner of the updated card becomes the Account Owner. Evntfully will not change your billing information for you, under any circumstances, and will not be held responsible if an unauthorized party accesses your Account or changes your billing details.


Fees and Renewals

You agree to pay all Subscription fees. Unless otherwise specified in a Subscription, such fees will be billed in advance for each month and are non-refundable. You agree that you may not be refunded or credited for partial months of service, or for periods in which your Account remains open but you do not use the Services. If you exceed any usage or fee thresholds set forth in your Subscription, we may charge you for such overages on your next invoice.

We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting these fee changes to the Site or by notifying you via email. Should you continue to use the Services after these changes go into effect, you will be responsible for paying the new Subscription/billing rate.

By entering a credit card number, you agree that Evntfully, and our Third Party service providers, may store your payment card information. After your one (1), 14-day free trial expires, you expressly authorize us to charge you, where applicable: (i) Subscription Fees, to be billed during a Subscription Period (ii) other fees for Services purchased, including, but not limited to, Add-Ons (iii) charges for use of the Services in excess of visitor, page, or other limitations, and (iv) taxes connected with your use of the Services.

You agree to reimburse us, where applicable, for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not update your payment card information or cancel your Subscription, you authorize us to suspend your Account until your billing details have been updated. After an Account suspension, you agree that we may re-attempt payment processing upon receiving updated billing details.


Term and Renewal

Your paid Subscription is valid for either a monthly or an annual Subscription Period.

If you upgrade to a higher-level Subscription during the Subscription Period, you will have immediate access to those higher level features. You agree to pay Evntfully the difference between your original Subscription fee and the cost of the upgrade.

If you downgrade to a lower-level Subscription during the Subscription Period, you will receive a credit to your Account representing the difference between your original and your downgraded Subscription costs. If an account has exceeded the feature limit of the lower-level Subscription your account will be prevented from downgrading until the feature limits are met.

Changes to Subscriptions will be reflected in your next invoice. No credits or refunds will be issued for cancelling an Account.

Your Subscription will automatically renew for an additional Subscription Period unless you cancel (see “Cancellation and Termination” below).


Cancellation and Termination

You may cancel your Monthly Subscription at any time, either from within your Account or by sending an email to support@evntfully.com, from the email address affiliated with your Account. Should you contact Customer Support to request assistance with Subscription Cancellation or account deletion, Evntfully reserves the right to verify your identity by asking for the last four (4) digits of the credit card on file, the type of card, and the billing address.

To cancel over the phone, you must verify the last four (4) digits of the credit card on file, the type of card, and the billing address.

Changes to Annual Subscriptions, including Cancellations, go into effect at the end of the Annual Subscription Period. No refunds or credits shall be issued for Annual Subscription Cancellations or downgrades, or from switching from an Annual to a Monthly Subscription before the end of the Annual Subscription Period.

Cancellations must be completed at least one (1) day prior to the end of your then-current Subscription Period, whether Monthly or Annual; otherwise, billing for the next month or year will be processed automatically. Cancellations performed after billing are not entitled to refunds, in whole or in part.

You are responsible for all charges accrued on your Account up to the time of Cancellation, including all fees within the Subscription Period in which you cancel. Upon Subscription Cancellation, your account is no longer accessable and your information is suspended. Evntfully may delete that Account from our systems, either at your request or if you are an Inactive User. Account deletion permanently removes all account information, content, as well as your email address and other Personal or Sensitive Information. Evntfully is not responsible for any Content lost as a result of Account deletion. 90 days after Account deletion, all Account Information, including but not limited to lead data, landing pages, Personal Information, billing details, and all Content, is permanently removed from our backup databases. We reserve the right to change our data storage and processing capabilities and procedures at any time, without notice or liability.

Evntfully reserves the right to terminate this Agreement at any time, for any reason, and at our sole discretion, without liability. A reason for such termination may be, but is not limited to, failure to comply with these Terms. Evntfully reserves the right to modify, suspend, or discontinue the Site and/or Services, or any portion thereof, at any time and for any reason, with or without notice.

The sections “Submission of Content”, “Intellectual Property Rights”, “Confidential Information”, “Third Party Sites and Content”, “Disclaimer, Exclusion, and Limitation of Liability”, “Waiver of Jury Trial and Class Action Rights”, “Limitation of Time”, and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.


Acceptable Use and Conduct

Evntfully and our hosting and data storage provider, place certain limitations on what can be advertised, promoted, and depicted on pages built in, uploaded to, or hosted by Evntfully.

No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use, the Site or Services for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include, but are not limited to:

Illegal Activities. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.

Harmful or Fraudulent Activities. Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.

Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.

Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.

Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

No Security Violations

You may not use the Site or Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device. Prohibited activities include, but are not limited to:

Unauthorized Access. Accessing or using any system without permission, including attempting to probe, scan, or test the vulnerability of a system or to breach any security or authentication measures used by a system.

Interception. Monitoring of data or traffic on a system without permission.

Falsification of Origin. Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route, or otherwise falsifying or masking your identity or source. This prohibition does not include the use of aliases or anonymous remailers.

No Network Abuse

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include, but are not limited to:

Monitoring or Crawling. Monitoring or crawling of a system that impairs or disrupts the system being monitored or crawled.

Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.

Intentional Interference. Interfering with the proper functioning of any system, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.

Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.

Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions.


Intellectual Property Rights

This section applies to Material and to Feedback, as defined above, and not to Customer leads or to Content.

We value Customer, user, and potential Customer/user Feedback and take it very seriously, and we may, from time to time, solicit Feedback. All Feedback is Evntfully's exclusive property, and no provider of Feedback has a claim to any form of compensation, monetary or otherwise, in exchange for providing it.

We may, in our sole discretion, use, share, or incorporate Feedback in whatever form or derivative we may decide into the Site, our software, Services, documentation, business or other products, without limitation. We retain all rights to such Feedback on a worldwide basis in perpetuity.

All Evntfully Material, as defined in the General Terms, is owned by us or our licensors or service providers, and is protected by copyright, trademark, trade secret, and other intellectual property laws.

For as long as you adhere to this Agreement and maintain a valid Account, Evntfully grants you a non-transferable, non-sublicensable, non-exclusive, revocable, limited purpose right to access and use our Materials.


Submission of Content

You are able to add and upload Content in order to create and edit using the Services of the website. You agree that you are solely responsible for all Content you submit, provide, or upload, including any legal or other consequences for submitting, providing, or uploading it.

You grant Evntfully a non-exclusive license to use the Content you upload in order to provide the Services to you, including, but not limited to, troubleshooting and publishing your pages. This use may include, without limitation, the right to host, index, cache, store, or otherwise format your Content.

You further agree that Evntfully may modify, add, and delete any Content added to the Services without liability, and at our sole discretion. Reasons for Content modification or deletion may include, but are not limited to: malicious or damaging software or corrupted code within the Content, violations of intellectual property law, or failure to adhere to our Acceptable Use terms.

You represent to Evntfully that you own any Content you upload, submit, or otherwise add to your Evntfully Account, or that you have obtained any necessary licenses, rights, consents, and permissions to such Content and activity. As such, you agree that none of the aforementioned Content will in any way violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person, business, organization, or entity.

You agree that Evntfully is not responsible for any violations of Third Party intellectual property rights in any Content that you submit, upload, or otherwise add to Evntfully. You further agree to pay all royalties, fees, and any other monies owed relating to the use of such Content.

Evntfully may request access to your Content to use for marketing purposes. You are under no obligation to grant this request, and we will not use your Content in any marketing materials without your prior permission.


Monitoring

You agree that we may monitor the Site and Services, including without limitation, any pages created using our Services. We may, where reasonable or necessary, disclose information to satisfy our legal obligations, protect Evntfully or its Customers, or operate or improve the Site or Services.

Evntfully uses tracking cookies to track visits to your pages, and page views, in order to calculate conversion rates per page and traffic usage per Account. It is your responsibility to adhere to all applicable laws within your jurisdiction regarding the disclosure of such monitoring, and Evntfully disclaims all liability in this area.

We reserve the right to monitor the security and preserve the integrity of our Site, resources, data, Materials, customer content, and intellectual property (yours, ours, and Third Parties’). By using the Services, you agree that we may, with or without prior notice or notification, for any reason, and at our sole discretion, immediately suspend your access to the Services or Site, remove and/or request that you remove pages and Content, and/or terminate this Agreement. Reasons for removing Content or pages, or requesting their removal, may include, but are not limited to, security threats, intellectual property violations, attempts (whether or not successful) to access unauthorized data or other Material or Content, or the presence of Content or pages that in any way violate these Terms (including the Privacy Policy) or place Evntfully, our Customers, business, affiliates, partners, or licensors at risk, as determined solely by us. Suspension of use and access is not a breach of this Agreement by Evntfully, and your Account/Content/pages may be reinstated when the threat or risk has been remedied, at our sole discretion. Evntfully disclaims all liability for suspending the Site or Services, removing or requesting the removal of Content or pages, or terminating this Agreement, and you have no claim to any form of compensation or damages arising from such action.


Aggregate Data

You agree that Evntfully may gather and publish anonymous, Aggregate Data, based on your use of the Site or Services. This data will not incorporate any Personal Information.

Where you choose to use or connect Third Party services with your Evntfully pages, you agree that Evntfully may share your lead data with these designated Third Parties, without liability. You are fully responsible for any and all Personal Information contained in any lead data or Content, and agree to abide by all applicable laws within your jurisdiction.

Evntfully does not sell information about your Customer leads to Third Parties.


Collection of Personal Information

If you use the Services to collect, store, use, or disclose Sensitive or Personal Information about identifiable individuals, you agree only to do so in accordance with applicable law. You agree to take all measures to protect the privacy and legal rights of individuals whose information you collect, and to provide them with a legally sufficient privacy notice or policy. If you are provided with Sensitive or Personal Information, you must disclose that this Information is being collected and clearly explain the reason for its collection and how the Information will be used. If you store Personal or Sensitive Information, you must do so securely, and in accordance with applicable law.

YOU AGREE TO INDEMNIFY EVNTFULLY AND HOLD US HARMLESS FOR ANY FAILURE TO COMPLY WITH THE FOREGOING, OR FOR ANY CLAIM MADE AGAINST EVNTFULLY BY ANY THIRD PARTY RELATED TO YOUR USE OF THE SERVICES TO COLLECT, STORE, OR USE PERSONAL OR SENSITIVE INFORMATION.


Confidential Information

You agree not to disclose verbally, electronically, in writing, or in any other manner any Confidential Information that you have acquired or learned during the term of this Agreement or following the expiration or termination of this Agreement.


Third Party Sites and Content

You are responsible for knowing and adhering to your jurisdictional anti-spam laws. In jurisdictions where consent is required before sending email or electronic transactions to email Accounts, you are responsible for obtaining that consent.

Certain features of the Site or Services, when activated, may require that Evntfully send an email to you, Your Members, or any other Third Party on your behalf. At present, these includes “Invite New User” and "Account Verification". (These may be modified at any time, with or without notice or notification, and we reserve the right to add features that include email notification functionality.) Because you must enable or engage these features in order to use them, you are responsible for any communications that follow. You agree that Evntfully remains a disinterested third party to any such electronic communication completed using the Site and/or Services. You hereby agree to indemnify us and hold us harmless for any failure to have or obtain all necessary consents regarding the receipt of electronic communications, email, or commercial electronic messages.

You acknowledge and agree that Evntfully is not responsible or liable for any Third Party content linked to from the Site or Services. This includes but is not limited to accuracy, integrity, quality, usefulness, legality, safety, and intellectual property rights. The inclusion of such linked content in no way indicates endorsement by, or association with, Evntfully.

You agree that Evntfully is not responsible or liable for any alleged or real damages or losses incurred through the use of Third Party content, goods, or services. Your use of Third Party content is solely at your own risk.


Evntfully Marketing Materials

Should you receive unwanted newsletters, blogs, articles, or other marketing initiatives and non-Account-related materials from Evntfully, you may opt-out at any time by clicking “Unsubscribe” at the bottom of these communications, or by contacting support@evntfully.com. Doing so may have a material impact on our ability to provide services to you, and we are not responsible for any such effects.


Disclaimer, Exclusion, and Limitation of Liability

EVNTFULLY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF THE SITE, SERVICES, OR DATA MADE AVAILABLE FROM THE SERVICES. YOUR USE OF THE SITE OR SERVICES, AND ALL CONTENT, MATERIAL, AND THIRD PARTY SOFTWARE AND CONTENT ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

EVNTFULLY DISCLAIMS ANY WARRANTY THAT THE SITE, THE SERVICES, OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, AND SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME EVNTFULLY MAY REMOVE THE SITE OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT PRIOR NOTICE OR NOTIFICATION. YOUR ACCESS TO AND USE OF THE SITE AND SERVICES MAY BE INTERRUPTED OR SUSPENDED FROM TIME TO TIME FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, EQUIPMENT MALFUNCTIONS, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR SERVICES, OR OTHER ACTIONS THAT EVNTFULLY, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO DAMAGES OR ANY OTHER FORM OF COMPENSATION OR RELIEF WHEN OUTAGES, DELAYS, DOWNTIME, MALFUNCTIONS, SECURITY OR SYSTEM BREACHES, OR OTHER INTERRUPTIONS OF SERVICE OCCUR.

EVNTFULLY MAKES NO GUARANTEE REGARDING THE COMPATIBILITY OF ANY SOFTWARE, HARDWARE, OR CONTENT WITH THE SITE OR SERVICES. YOU ARE NOT ENTITLED TO COMPENSATION, REFUNDS, CREDITS, DAMAGES OR ANY FORM OF RELIEF SHOULD THE SITE OR SERVICES NOT MEET YOUR EXPECTATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE AND/OR SERVICES. EVNTFULLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE OR SERVICES, AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.

EVNTFULLY IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR FAILURES OF ANY THIRD-PARTY CONTENT, SERVICE, NETWORK, OR SOFTWARE OR HARDWARE PROVIDER, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES USED BY EVNTFULLY, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY EVNTFULLY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT YOU, SOLELY, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, AND/OR FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER COMMUNICATED ORALLY OR IN WRITING, FROM EVNTFULLY EMPLOYEES, OR VIA THE SITE OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE AND SERVICES ARE OFFERED AND CONTROLLED BY EVNTFULLY FROM ITS FACILITIES IN USA. EVNTFULLY MAKES NO REPRESENTATIONS THAT THE SITE OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

YOU AGREE THAT NEITHER EVNTFULLY NOR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, LICENSORS, EMPLOYEES OR AGENTS, WILL BE HELD LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF, FOR ANY TANGIBLE OR INTANGIBLE DAMAGES OR LOSSES ARISING FROM OR RELATING TO: THIS AGREEMENT, YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, OR YOUR USE OF THIRD PARTY MATERIALS, CONTENT, OR SERVICES.

EVNTFULLY WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES, LIABILITIES, LOSSES, OR OTHER CONSEQUENCES THAT YOU MAY INCUR IN THE EVENT THAT THE SITE AND/OR SERVICES ARE MODIFIED, SUSPENDED OR DISCONTINUED.

You agree that the Indemnified Parties, are not responsible or liable for any claim, demand, loss, damage, cost, attorney fees, or other liability arising out of or relating to this Agreement, the Site, or the Services made against you or anyone else by a Third Party. This includes, but is not limited to: (a) your use, non-use, misuse of, or connection to the Site, the Services, Consumer Goods, Content, or Personal Information; (b) your violation or alleged violation of this Agreement; and (c) your violation of any Third Party rights, including intellectual property rights.

Evntfully reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Evntfully, and you agree to cooperate with Evntfully's defense of these Claims. You agree not to settle any matter without Evntfully's prior written consent. Evntfully will use reasonable efforts to notify you of any such Claims upon becoming aware of them.


Waiver of Jury Trial and Class Action Rights

IN ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, A SUBSCRIPTION AND/OR THIS AGREEMENT, YOU HEREBY EXPRESSLY GIVE UP: (I) YOUR RIGHT TO A TRIAL BY JURY; AND (II) YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING, WITHOUT LIMITATION, CLASS ACTION LAWSUITS.


Miscellaneous

In any dispute between you and Evntfully relating to this Agreement, the Site, or the Services, you agree that the dispute shall be governed exclusively by the laws of the State of Colorado, USA, without regard to its conflict of law provisions.

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, such decision will not invalidate the Agreement as a whole. Only that portion that is unlawful, void, or unenforceable will be stricken from this Agreement.

This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation, or discussion, oral or written, and may not be changed except in writing, and signed by us.


Limitation of Time

You agree that you will not bring a claim under or relating to this Agreement more than twelve (12) months from when your claim first arose.


Contacting Evntfully

You may contact Evntfully by email at support@evntfully.com