EventBuilder Terms of Use

Last Updated: November 5, 2020

The below Terms of Use (the “Terms”) are a binding contract between you and NW Virtual Partners, LLC dba EventBuilder and its affiliates, corporate parent(s), and subsidiaries (collectively, “EventBuilder,” “us,” “our,” or “we”). These Terms, together with our Privacy Notice, govern your use of portal.eventbuilder.com, eventbuilder.com, eventbuilder.rocks and other websites we own or operate (collectively, the “Site”), our suite of software and professional services owned and operated by NW Virtual Partners LLC and/or delivered under the business name EventBuilder (the “Software”) for creating and managing virtual events, webinars, and online meetings and presentations (collectively, “Events”), our other digital properties or services, and your communications with us by any means (collectively, with the Site and Software, the “Services”), whether as an Event Organizer, Presenter, Attendee, or any other user (in each case, a “User”).

Any terms we use in these Terms without defining them have the definitions given to them in the Privacy Notice. Additional, separate terms and conditions may apply to some Services, which shall be included and considered part of these Terms. In the event of any inconsistency between these Terms and our Customer Terms of Service if you are a party thereto as our Customer, the Customer Terms of Service shall govern and control.

THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND EVENTBUILDER.

Acceptance. To access, browse, or use our Services, you must agree to be unconditionally bound by these Terms. You can accept the Terms by clicking to accept or by agreeing to the Terms where this option is made available to you in any agreement, electronic form, or the user interface for any service we offer, or by actually using the Services. By using the Services, you agree to be bound by these Terms, you represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these Terms of Use or, if you are accessing the Services on behalf of a legal entity, you represent and warrant that you are authorized to act on behalf of the legal entity and to bind such legal entity to these Terms of Use. These Terms will remain in effect while you use the Services. If you do not agree and accept these Terms, you may not use, and must immediately cease all use of, the Services. If you have any questions regarding these Terms, please contact us at care@eventbuilder.com.

Registration. To use certain Services, you must first register as an EventBuilder User. The email address you provide must be a named user and not a generic email alias. Information you provide and the selections you make during registration, and any changes thereto from time to time, are an integral part of and governed by these Terms. You are responsible for maintaining the confidentiality of your account information and login credentials and for restricting access to your account. You agree to accept responsibility and liability for all activities that occur under your account whether lawful or unlawful and whether actually or expressly authorized by you. You must immediately notify us if your account is subject to unauthorized use.

Term. These Terms are effective on the date we activate the Services for you through your registration as a User, and continues until you terminate these Terms by notifying us in writing of such termination; unless you are a Customer pursuant to our Customer Terms of Service, in such case the term of these Terms of Use follows the term of the Terms of Service between you and EventBuilder.

Privacy Notice. You acknowledge that you have read and understand our Privacy Notice, which is incorporated into these Terms by this reference. By using the Services, you represent and warrant that (a) any information you submit to us is truthful and accurate, (b) you will maintain the accuracy of that information, and (c) your use of our Services does not violate any applicable law, rule or regulation. Any information that you provide to us will also be subject to our Privacy Notice.

Service Communications. EventBuilder may use your contact information to communicate with you about Events you are organizing or registered to attend or your other use of our Services. For example, we may send you invitation emails, service announcements, or administrative emails. We may use text, phone, or other means to authenticate your account or provide you with User support. You understand that you receive these communications as part of your use of the Services, and you will not be able to opt out from receiving these service announcements and administrative messages.

Texting Consent. EventBuilder uses text messaging for two-factor authentication security verification. You will receive a text message from us each time you click to request a security verification text message. If you do not wish to receive these text messages, do not request a security verification text message. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.

Marketing Communications. We may send you marketing communications by email, mail or other means in compliance with applicable law. As part of our policy to provide you total privacy, we provide you the option of opting out from receiving marketing communications from EventBuilder.

License Grant. As a User of the Services, on condition that your registration and subscription (if any) is current, we hereby grant you a limited non-exclusive, non-transferable, non-sublicensable license to read and access the Services and our information and materials contained on the Services in accordance with these Terms of Use. You may only use the Services in accordance with our Community Standards (defined below) and as expressly permitted by these Terms. The permissions described herein will terminate automatically if you breach any of these Terms.

Community Standards. Your use of the Services must comply with our community standards (“Community Standards”) described in this section. You hereby agree to not:

  • Use the Service for any unlawful or abusive purpose or in any way which interferes with our ability to provide the Services to other Users or potential Users;
  • Organize, host, or participate in any Prohibited Events (defined below);
  • Transfer or attempt to transfer abnormally large files or streaming media presentations;
  • Use a false e-mail address, impersonate any person or entity, or otherwise mislead us or other Users as to your identity;
  • Post false, inaccurate, misleading, defamatory, or libelous content (including Personal Information);
  • Use the Services in a manner that might confuse others as to EventBuilder’s identity or disparage us;
  • Distribute or post spam, chain letters, or pyramid schemes;
  • Distribute viruses or any other technologies that may harm us, or the interests or property of Users;
  • Commercialize, rent, retransmit, disclose, publish, resell, assign, lease, sublicense, market or transfer the Services or any portion of it (including the Contents);
  • Copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services; (k) harvest or otherwise collect information about Users, including email addresses, without their consent; or
  • Use the Services for any unlawful activities or in violation of any third-party rights.

Without limiting the foregoing, tampering with the Services, conducting fraudulent activities on the Services, and all other illegal activities are prohibited and may subject a User to legal action and/or termination of access to the Services. We reserve the right to establish and revise these Community Standards from time to time in our sole discretion.

We reserve the right to interrupt or restrict Service at any time, without notice to you, if we suspect you have violated our Community Standards or otherwise engaged in fraudulent, abusive, or unlawful activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe as set forth from time to time at the sole discretion of EventBuilder. You also agree that we may report any activity that we suspect is unlawful to appropriate government authorities and to cooperate with any investigation conducted by any government authority.

Prohibited Events. Events may not contain the following (“Prohibited Events”):

  • Gambling or games of chance, including comments, materials, posts, or otherwise that constitute gambling or any game of chance, or which promote giveaways, random drawings, raffles, or prizes, except that EventBuilder itself may run promotions on the Services, and may grant authorization to its partners or third-party companies to run promotions that comply with applicable laws;
  • Events that encourage illegal activity, as well as comments, materials, posts, or otherwise that encourage, promote, facilitate, or instruct others to engage in illegal activity;
  • Adult subjects, nudity, or sexual acts, as determined according to established guidelines such as the MPAA, IMDb and ESRB in mainstream media (movies, music, video games, books, magazines) for determining appropriate audiences;
  • Promotion of hatred, violence, racial or religious intolerance, including Events, comments, materials, posts, or otherwise that promote or glorify hatred, violence, racial or religious intolerance, or items that promote organizations (such as the KKK, QAnon, Nazis, neo-Nazis and Aryan Nation) with such views;
  • Any Event, comments, materials, posts, or otherwise where it appears that a person convicted of a violent felony is attempting to use EventBuilder (directly or through another person) to benefit financially from their criminal notoriety; or
  • Otherwise objectionable as determined by EventBuilder in our sole discretion. EventBuilder reserves the right to suspend any User whom EventBuilder determines, in our sole discretion, is or has engaged in a Prohibited Event.

Contents and Ownership. Unless otherwise expressly indicated, the information contained on the Services and any updates or improvements thereto are owned, controlled, or licensed by EventBuilder or its affiliates or licensors, including, but not limited to (i) all platforms, software, and proprietary technology; (ii) products, services, and related documentation available on the Services; (iii) all features, functionality, ideas, images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, and other materials; and (iv) all names, logos, taglines, trade dress, copyrights, patents, trademarks, or other intellectual property (collectively, the “Contents”). Contents not owned or controlled by EventBuilder are the property of their respective owners. The Contents are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. No license to or regarding any of the Contents is granted in connection with your use of the Services, except as specifically set forth in these Terms or the applicable license terms pertaining to certain EventBuilder Services. All rights that are not granted to you are reserved by EventBuilder. Notwithstanding the foregoing, all content of the Services or Services provided by third parties are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EventBuilder. Such rights shall include but are not limited to that third-party Presenters shall retain all ownership interest and intellectual property rights in the content of and accompanying materials provided by them in presentation of an Event. Only a duly authorized officer of EventBuilder may grant permission or a license to use any of our Contents; any attempted grant or similar promise by anyone other than a duly authorized officer of EventBuilder is invalid.

Copyright. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of EventBuilder. You may only display, download, and print in hard copy format the Contents for the purposes of using the Services as an internal or personal business resource.

Trademarks. The following is a non-exhaustive list of EventBuilder’s registered and unregistered trademarks and trade dress: EventBuilder word mark; and EventBuilder graphics, logos, page headers, button icons, scripts, and service names. EventBuilder’s trademarks and trade dress, including names, logos, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, partial or modified form, without the prior written permission of EventBuilder. You may not use any meta tags or any other hidden text utilizing an EventBuilder name, trademark, or product name without EventBuilder’s prior written permission. Third-party trademarks and service marks used on our Services are the property of their respective owners, and we use them with their consent. EventBuilder and the other licensors of the marks on our Services reserve all rights with respect to all Contents and all intellectual property.

Feedback. You may from time-to-time provide EventBuilder materials, communications, suggestions, comments, improvements, ideas or other feedback related to the Services (“Feedback”). You hereby grant to EventBuilder all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you additionally grant EventBuilder a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services or our website any of the Feedback. By providing Feedback, you represent that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.

Reports. EventBuilder may, from time to time, de-identify the Personal Information (“De-identified Information”) that we collect directly from you and combine it with others’ De-identified Information in order to generate reports and studies. EventBuilder uses these reports and studies for internal purposes only. Any such reports or studies are the sole and exclusive property of EventBuilder. You hereby assign any rights you may have to such reports, studies, and your De-identified Information contained therein to EventBuilder in perpetuity throughout the world for any and all present or future uses in any and all languages and for no compensation. All De-identified Information will be treated as nonconfidential and nonproprietary. EventBuilder shall be under no obligation of any kind with respect to such De-identified Information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Reports to others without limitation. Additionally, EventBuilder may use any ideas, concepts, know-how, or techniques contained in generating reports or studies for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information.

Services Security Features. You are strictly prohibited from violating or trying to violate the security features of the Services, such as by (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures unless we expressly authorize that you do so in writing; (iii) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” or (iv) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

You hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Services or any activity being conducted on this Services. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available on this Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

User Content. The Services contain features that allow Users to organize, host, present, and attend Events or to submit certain materials, feedback, communications and other content through the Services, (any such content submitted referred to as “User Content”). You represent that you are the owner of any User Content you submit and/or have the necessary rights, licenses, and authorization to distribute it.

By submitting your User Content, you hereby grant us a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, Your User Content as well as all modified and derivative works thereof, in order to provide you with the Services. To the extent permitted by applicable laws, you hereby covenant not to assert against Us any moral rights You may have in any of Your User Content. You agree that we may use Your User Content for marketing and promotions of the Services provided we do not use your trademarks without your prior approval.

EventBuilder is not responsible for any User Content, including content used in any Event by any User. We reserve the right to withhold approval, amend, or remove User Content for any reason at our sole discretion, but we have no obligation to police User Content on the Services. We further reserve the right to remove any User Content for any reason and to interrupt or restrict the Services at any time, without notice to you or any other Users, if we suspect activity that is unlawful, abusive, or otherwise in breach of these Terms.

Third Party Rights. We take the rights of others very seriously. If you have any concerns that User Content, or other content made available by third parties via the Services is improper or infringing, please contact us at care@eventbuilder.com. If you would like the reported content removed, please provide:

  • A detailed description of the content, including where it is located;
  • A statement that you have a good faith belief that the third party does not have permission to use the content;
  • A statement that you are the owner, or exclusive agent of the owner, of the content;
  • Your contact information, including telephone number and physical address; and
  • A signed and sworn statement, under penalty of perjury, that your statements above are true.

Links to Other Websites. Links to third party websites from the Services are provided solely for your convenience. EventBuilder is not responsible for the content of any other websites, nor do we make any representations about the content or accuracy of material on any other websites. Inclusion of any linked website on our Services does not imply our approval or endorsement. If you click through to another website, you do so at your own risk, and you will be subject to that website’s privacy practices and not ours. Any concerns regarding any such website, or a hyperlink thereto, should be directed to the website’s owner or operator.

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS WITH ALL FAULTS AND DEFECTS. WE MAKE NO WARRANTIES REGARDING THE SERVICE WHATSOEVER AND EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE, ON OUR BEHALF AND THAT OF OUR AFFILIATES, LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WE FURTHER DISCLAIM ANY WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, DEVICES OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS FREE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to You insofar as they relate to implied warranties. If You rely on the representations or warranties of any third persons with respect to the Services (including without limitation by dealers or resellers of the Services) beyond those made by EventBuilder, your sole remedy for such reliance is against the third person making such representation or warranty.

YOU USE THE SERVICES AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF OUR SITE, FROM THE CONDUCT OF ANY USERS (WHETHER ONLINE OR OFFLINE), OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY RESULTING FROM YOUR USE OF (OR INABILITY TO USE) OUR SERVICES. WE WILL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS INFORMATION THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM EVENTBUILDER, ITS OFFICERS, EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EVENTBUILDER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COST, EXPENSE, OR DEMAND, INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES, DUE OR RELATING TO OR ARISING OUT OF (I) YOUR USE OR MISUSE OF OUR SERVICES, (II) ANY OTHER PERSON'S USE OF ANY ACCOUNT OR PIN YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU; (III) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT; (IV) YOUR BREACH OF OUR TERMS, OR (V) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN OUR TERMS.

Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVENTBUILDER OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON RELATED TO OR ARISING OUT OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE; LOSS OR COMPROMISE OF DATA, PROFITS OR GOODWILL; BUSINESS INTERRUPTION; COMPUTER FAILURE OR MALFUNCTION; PERSONAL INJURY OR PROPERTY DAMAGE, OR OTHER DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE CONTENT OF THIS SITE. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, STRICT LIABILITY, MISREPRESENTATION, PRODUCTS LIABILITY, VIOLATIONS OF LAW (INCLUDING REGULATIONS), NEGLIGENCE, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, EVENTBUILDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE, AND REGARDLESS OF THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

WITHOUT LIMITING THE FOREGOING PROVISIONS OR THE PROVISIONS OF OUR PRIVACY NOTICE IN ANY WAY, THE LIMIT ON TOTAL CUMULATIVE LIABILITY OWED BY EVENTBUILDER TO YOU OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL BE LIMITED TO A MAXIMUM OF THE AMOUNT YOU HAVE PAID EVENTBUILDER FOR THE SERVICES OR ACCESS TO OUR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO SUCH LIABILITY. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR EVENTBUILDER’S SERVICES MUST BE COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Geographic Restrictions. EventBuilder controls and operates the Services from its offices within the United States. You acknowledge that you may not be able to access all or some of the Services outside of the United States, and that access thereto may not be legal by certain persons or in certain countries. If you choose to access the Services from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

Force Majeure. EventBuilder shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war, pandemic, or government requirements.

Assignment. An Organizer may change its account ownership by reassigning the account to a different email address. The new owner will be required to accept these Terms in order to gain access to the Organizer’s account. The prior account owner will no longer have access to the Organizer’s account. Except for such account ownership changes, you may not otherwise assign, delegate, or transfer these Terms, or your rights or obligations hereunder, or your subscription or other use of the Services, in any way (by operation of law or otherwise) without prior written consent from EventBuilder. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Notices. Notices to you are effective when sent by email to the email address we have on file for you or, at our option and if applicable, three (3) days following the date such notice is deposited in the US Mail addressed to the address we have on file for you. You are responsible for notifying us of any changes in your contact information. Written notice to EventBuilder shall be effective when directed to our Customer Care Department and received at our address available at eventbuilder.rocks/contact. Your notice must specify your name, email address, telephone contact and EventBuilder account number.

Governing Law and Venue. Claims relating to, including the use of, the Services and the Contents contained herein are governed by the laws of the United States and the State of Washington, without regard to its conflicts of laws rules. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Class Action Waiver. You hereby waive any right to commence or participate in any class action lawsuit against EVENTBUILDER related to any claim, dispute or controversy, and, where applicable, you hereby agree to opt out of any class proceeding against EVENTBUILDER otherwise commenced.

Arbitration Agreement. Please read this section carefully. This section affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions.

YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any claim or dispute brought by you arising from or relating to these Terms, or to the relationships that result from these Terms, including disputes about the validity, scope, or enforceability of this arbitration provision (collectively, “Covered Disputes”) may, at EventBuilder’s option and in its sole discretion, be settled exclusively by binding, individual arbitration, rather than in court, and to be held in Clark County, Washington, or another location mutually agreeable to the parties. The arbitration will be conducted by the American Arbitration Association under its rules and procedures. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Prior to initiating any arbitration, you will give EventBuilder at least 60 days’ advanced written notice of your intent to file for arbitration. You must provide such notice by email to care@eventbuilder.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, and any award of the arbitrator(s) will be final and binding on each of the parties. Judgment upon the award rendered by an arbitrator may be entered in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. You are not entitled to arbitrate any Covered Dispute as a class, representative, or private attorney action, and the arbitrator(s) will have no authority to proceed on a class, representative, or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative, or private attorney general arbitration). These Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of Washington. EventBuilder reserves all rights to pursue any and all claims and remedies, whether in a court of law or other tribunal, and in no way shall the foregoing be interpreted to limit EventBuilder’s rights in this regard.

General. No joint venture, partnership, employment, or agency relationship exists between you and EventBuilder as a result of these Terms or your use of the Services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect. You hereby consent to EventBuilder publicizing the existence (but not the terms) of the relationship contemplated hereunder as a part of EventBuilder's promotional and marketing activities from time to time. These Terms, along with the agreements incorporated by reference herein, constitute the entire agreement between EventBuilder and you with respect to your access to and use of the Services and your EventBuilder account, and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between EventBuilder and you with respect thereto and, with respect to your use of the Services, supersedes the terms of any other party's terms and conditions. These Terms may be executed by the parties hereto in separate counterparts, as applicable to the Services, each of which when so executed and delivered shall be an original for all purposes, but all such counterparts shall together constitute but one and the same instrument. The failure of EventBuilder to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Consent to Do Business Electronically. By accessing our Services, subscribing with us, creating an EventBuilder account, typing your name into any of our electronic forms and indicating your acceptance, or submitting information by clicking a box, you consent to (a) EventBuilder communicating with you electronically; (b) receiving all applications, notices, disclosures and authorizations (collectively, “Records”) from EventBuilder electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. EventBuilder will use electronic documents for all communications, agreements, disclosures, authorizations, and other documents necessary to provide you with the Services. You must have a computer or other web-enabled device, a connection to the internet, an active email account, and the ability to receive and read electronic files to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Services and keep them for your own reference. If you require assistance with your Records, wish to receive Records in paper format, or wish to withdraw your consent to receiving electronic Records from us, please contact us at care@eventbuilder.com. Agreements and transactions executed prior to this request will remain valid and enforceable.

Modification of Terms of Use. EventBuilder reserves the right to revise these Terms of Use by updating the Terms of Use posted to its website without prior notice. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes. You are advised to periodically visit this page to determine the then current Terms of Use.

Contact Us. If you have any questions about these Terms, please contact us at care@eventbuilder.com or toll free at 1.800.290.5900.