EventBuilder Terms of Use

Last Updated: April 8, 2024

These Terms of Use (or “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 events, webinars, 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. 

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND EVENTBUILDER.

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

1. Acceptance. By accessing or using any of our Services, you 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 simply accessing or using the Services in any manner. 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 and, 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. 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 privacy@eventbuilder.com. ACCEPTANCE OF THESE TERMS IS REQUIRED FOR USE OF THE SERVICES AND ANY USE OF THE SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS

2. 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 any information you submit to us is truthful and accurate, you will maintain the accuracy of that information, and 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.

3. Registration. To use certain Services, you must first register as a User by providing, and maintaining at all times, a valid email address as a named user (not a generic email alias). Some Services may not be available to all Users. We will explain which Services are available to you during the registration process. As a User, you represent and warrant that: (a) you will maintain the accuracy of your registration information; (b) you will not do anything that might jeopardize the security of your account; and (c) you will notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. 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. EventBuilder reserves the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

4. License Grant. We hereby grant you a limited revocable, non-exclusive license to access the Site and, if you are a User, we grant you a limited revocable, non-transferable, non-exclusive, non-sublicensable license to use the Services to which you have subscribed and/or registered in accordance with these Terms of Use. You may only use the Services in accordance with our Community Standards set forth in Section 5 and as expressly permitted by these Terms. The permissions described herein will terminate automatically if you breach any of these Terms or, if you are a User, your registration information or subscription is not current.

5. 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;
  • 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 will cooperate with any investigation conducted by any government authority.

6. 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.

7. 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 all: (i) platforms, software, and proprietary technology; (ii) products, services, and related documentation available on the Services; (iii) features, functionality, ideas, images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, and other materials; and (iv) 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. You understand that your use of the Services does not authorize you to use any Contents in any manner other than specifically authorized by these Terms. All rights that are not granted to you are reserved by EventBuilder. 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. Any other use of the Contents in the Services including reproduction for purposes other than as noted herein, without the prior written permission of EventBuilder, is strictly prohibited. Notwithstanding the foregoing, all content of the Services or any 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, including without limitation 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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 is “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 EventBuilder a perpetual, 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 User 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.

13. 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 with, or try to interfere with, the proper working of the Services or any activity being conducted on the 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 the 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.

14. Copyright Infringement/DMCA Notice. 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 privacy@eventbuilder.com. If you would like the reported content removed, please provide: (i) a detailed description of the objectionable content, including where it is located on the Services; (ii) a statement that you have a good faith belief that the poster does not have permission to use the said objectionable content; (iii) a statement that you are the owner, or exclusive agent of the owner, of the objectionable content; (iv) your contact information, and; (v) a signed and sworn statement, under penalty of perjury, that your statements above are true to your knowledge. It is our policy, in appropriate circumstances and at our discretion, to respond to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).

15. 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.

16. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE MAKE NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. WE DO NOT WARRANT 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 THESE TERMS.

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.

17. 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 THESE TERMS; (IV) YOUR BREACH OF OUR TERMS, OR (V) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN OUR TERMS.

18. Limited Liability. TO THE MAXIMUM 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 THIRD PARTY UNDER ANY THEORY OF LIABILITY - WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), AGENCY, WARRANTY, STATUTE, OR OTHERWISE - FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, HOWEVER ARISING, EVEN IF EVENTBUILDER KNEW OR SHOULD HAVE KNOWN THAT THERE WAS A POSSIBILITY OF SUCH LOSSES OR DAMAGES.

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 OR, IF NO FEES WERE PAID DURING SUCH THREE-MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT EVENTBUILDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Dispute Resolution. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES, AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute, controversy or claim between you and EventBuilder arising out of or relating to: (i) these Terms, or the breach thereof; (ii) our provision of the Services; (iii) your access to or use of the Services; or (iv) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.

  1. Informal Dispute Resolution. We want to address your concerns without the necessity of a formal legal case. Before filing a claim against EventBuilder, you agree to try to resolve the Dispute informally by contacting EventBuilder at care@eventbuilder.com. We will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or we may bring a formal proceeding.
  2. Certain Privacy-Related Complaints. Individuals with residency in the European Union, Switzerland, or the United Kingdom may resolve privacy-related complaints under Data Privacy Framework Principles through our free independent recourse mechanism. Please see Section 12 of our Data Privacy Framework Privacy Notice for details.
  3. Arbitration Agreement. You and EventBuilder each agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Vancouver, Washington, United States, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. Notwithstanding the foregoing, either you or EventBuilder may assert claims, if they qualify, in small claims court in Vancouver, Washington, 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 our Services, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above. 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. Notwithstanding the foregoing, this paragraph does not apply to Disputes that are privacy-related complaints described in Section 19(b).
  4. 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.

20. 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.

21. 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.

22. 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.

23. 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 mailing address. Your notice must specify your name, email address, telephone contact and EventBuilder account number.

24. Governing Law and Venue. Claims relating to, including the use of, the Services and the Contents 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.

25. Communications. 

  1. Consent to Do Business Electronically. By accessing our Services, registering with us, typing your name into any of our electronic forms and indicating your acceptance, or submitting information to us, 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 privacy@eventbuilder.com. Agreements and transactions executed prior to this request will remain valid and enforceable.
  2. 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.
  3. Texting Consent. EventBuilder may use 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.
  4. 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.

26. General Terms.

  1. Geographic Restrictions. EventBuilder is owned and operated in the United States. Access to our Services may not be legal by certain persons or in certain jurisdictions. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
  2. Relationship of Parties. The Parties’ relationship, as established by these Terms, is solely that of independent contractors. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. Neither party is a legal representative of the other party, and neither party can direct and control the day-to-day activities of the other, or assume or create any obligation, representation, warranty, or guarantee, express or implied, on behalf of the other party for any purpose whatsoever.
  3. Assignment. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent, but EventBuilder may freely assign or transfer these Terms without restriction. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Notwithstanding the foregoing, either Party may, without consent, assign these Terms to any successor to all or substantially all its business that concerns these Terms (whether by sale of assets or equity, merger, consolidation or otherwise). Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their successors, and permitted assigns.
  4. Entire Agreement. Except as otherwise stated herein, these Terms and the agreements incorporated by reference herein constitute the entire and exclusive understanding and agreement between EventBuilder and you regarding the Services and supersede and replace any and all prior oral or written understandings or agreements between EventBuilder and you regarding the Services. Agreements between you and EventBuilder may be executed in two or more counterparts, each of which shall be deemed an original but all of which taken together shall constitute one and the same Terms of Service. 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. The section headings in agreements between you and EventBuilder are for convenience only and in no way define, limit, construe or describe the scope or extent of the sections. The language used in agreements between you and EventBuilder will be deemed to be the language chosen by the Parties to express the Parties’ collective mutual intent, and no rule of strict construction will be applied against any Party.
  5. Enforcement. EventBuilder reserves the right, but is not required, to remove or disable your access to our Services, disable any username, password, or other identifier, whether chosen by you or provided by us, remove any Contents, or remove your User Content at any time and without notice, and at our sole discretion, if we determine that your use of our Services is in any way objectionable or in violation of these Terms. Certain violations of these Terms, as determined by EventBuilder, may result in immediate termination of your access to the Services without prior notice to you. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate.
  6. Waiver; Severability. EventBuilder’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth herein, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect to the greatest extent permitted by law.
  7. Notices. Any notices or other communications provided by us under these Terms will be given to you via email to the email address on your account or by posting the notice to the Services. Notices from you to EventBuilder will be given via email to care@eventbuilder.com or to the mailing address posted on the Site. For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.

27. Term and Termination. 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. Except for any termination of your Customer Terms of Service as set forth above, these Terms shall remain in full force and effect as long as you use the Site or any other Services. To terminate these Terms, please contact EventBuilder in writing and discontinue all use of the Services. Any cancellation of the Services or termination of these Terms is effective when you discontinue all use of the Services. On termination, you lose the right to access or use all of our Services. Sections 5 through 12, 15 through 19, 25, and 26 (inclusive of all subsections) shall survive termination of these Terms.

28. 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.