THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE EVENT HUB, LLC OFFERS YOU ACCESS TO OUR WEBSITE AND SERVICES:
Welcome to The Event Hub, LLC. Your access to and use of this website (“the Website”) is (hereinafter the "Agreement"). By utilizing this website you are hereby indicating that you accept the terms and conditions contained herein. This Agreement is effective for all users of our Website and no individual, company, corporation, or business shall be permitted to utilize our Website without agreeing to the terms and conditions of this Agreement. If you do not agree to the terms and conditions herein you must immediately cease use of the Website. Any continued or future use of this Website indicates that you consent to be bound by the Agreement.
The content of this Website does not constitute advice and should not be relied upon as if it did so constitute. In making any decision we assume that you will use caution and care and not rely on anything in this Website to aid you in making such decision.
The Event Hub, LLC reserves the right to:
1. Change or remove (temporarily or permanently) the Website or any part thereof with or without notice and you confirm that The Event Hub, LLC shall not be liable to you or any third person connected with you for any such change or removal.
2. Change, remove or discontinue any software, service, or promotion (including but not limited to, any previsions, parts thereof, licensing, pricing etc) as advertised on this website at any time with or without notice to you and you confirm that The Event Hub, LLC shall not be held liable to you or any third person connected with you for any such change or removal.
3. Modify the terms or discontinue any promotional discount vouchers or coupon codes at anytime with or without notice to you and you confirm that The Event Hub, LLC shall not be liable for any such change or removal.
4. Change this Agreement at any time with or without notice to you and you acknowledge and agree that your continued use of the website following any such change shall be deemed to be your acceptance of such change.
Eligibility. Our Services are available to all individuals who are at least 18 years of age. Our Services are not available to temporarily or indefinitely suspended The Event Hub, LLC users. By registering to use our Services, you represent and warrant that you are at least 18 years of age. Also, you hereby acknowledge and agree to comply with the laws of the city, county and country in which you are situated as well as the laws of the State of California.
We have the right, in our sole discretion, to suspend or terminate your use of our Services and refuse any and all current or future use of all or any portion of our Services. We need not provide any excuse or reason why such suspension or termination takes place and can do so without any cause whatsoever.
Password and Security. When you complete our registration process you will create a password that will enable you to access our Services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that The Event Hub, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.2. Further, you agree to indemnify The Event Hub, LLC for any damages it may incur due to the unauthorized use of your password.
Control. You, and not The Event Hub, LLC, are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our Website. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Services, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will The Event Hub, LLC its employees, consultants, agents, advisers, affiliates, or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of other users posted, emailed, transmitted or otherwise made available in connection with our Services, or for any failure to correct or remove information.
Grounds for Removal, Sanction and/or Suspension. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate cancellation and/or suspension of your account:
(a) The use of our Website to:
(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Website or our Services;
(ii) impersonate any individual (including The Event Hub, LLC staff and other members), or falsely state or otherwise misrepresent your affiliation with any individual or business, through the use of similar email addresses, nicknames, or any other method or device;
(iii) hide or attempt to hide the origin of any Public Information that is transmitted to any third party;
(iv) "stalk", harass, or threaten any person;
(v) collect or store personal data about other users; or
(vii) commit any violation of any law (whether international or domestic), statute, ordinance, or code;
(b) Posting any Public Information or other material:
(i) that is illegal, threatening, abusive, harassing, defamatory, intimidating, vulgar, obscene, harmful, profane, libelous, invades the privacy of another (including the posting of private emails or contact information about another individual), hateful, or is racially ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
(ii) that is obscene, pornographic or adult in nature;
(iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
(v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters"); or
(vi) that is inappropriate, posted in bad faith, or contrary to the spirit of The Event Hub, LLC;
(c) Encouraging others to violate this Agreement;
(d) Refusing to follow The Event Hub, LLC staff instruction or direction; or
(e) Violation (intentional or unintentional) of this Agreement, or of any applicable law whether national or international, local, or state, statute, ordinance or regulation.
(f) Utilizing stolen funds, stolen financial accounts, fraudulent accounts of any kind or any unauthorized use of any financial account to transmit money to The Event Hub, LLC
Also, your posting of other inappropriate actions or other materials may also warrant removal and/or suspension from our website. The Event Hub, LLC reserves the right to remove any post or other material without warning or further notice.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use our Website and Services at your own risk.
For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, The Event Hub, LLC and its designees shall have the right to remove any material that violates this Agreement or is otherwise objectionable.
Interference with Services Offered or Provided.
You agree that you will not:
(a) post, email, upload or otherwise transmit any computer files or programs designed to interfere with the use of any computer software or hardware or any other telecommunications equipment;
(c) place an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our Website or create derivative works from our Website to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of The Event Hub, LLC or any other third party, unless you obtain the prior written consent of The Event Hub, LLC or the appropriate third party.
General Practices Regarding Use of Our Services. You acknowledge and agree that we may establish general practices and limits concerning the use of our Website and other Services. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Definition. "Your Information" is defined as any information, post or other material you provide (directly or indirectly), including but not limited to, information provided through the registration process or through the use of our Website or Services, in any public message board (including the personal introduction section of each topic group, or paid services of the The Event Hub, LLC website) or through email. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of your Public Information.
Any of Your Information that, through the use of our Website, Services or otherwise, you submit or make available for inclusion on publicly accessible areas of our Website is referred to as "Public Information" (your name (if provided) and location are considered Public Information); any other portion of Your Information shall be referred to as "Private Information." "Publicly accessible" areas of our Website are those areas that are available either to some or all of our members and the general public and are not restricted to your viewing only.
You should understand that your Public Information may be accessible by and made public through syndication programs and by a variety of search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
You should also be aware that The Event Hub, LLC shall not be responsible for the dissemination of public information or for any information that you place (whether intentionally or inadvertently) in publicly accessible areas of our website that you intended to be private.
Restrictions. In consideration of your use of our Website and Services, you agree that Your Information:(a) shall not be fraudulent, false or intended to mislead; (b) shall not infringe upon any copyright, patent, trademark, trade secret or other proprietary rights of anyone, any business, any corporation etc and shall not infringe upon any privacy rights; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s); (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for The Event Hub or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration and anytime your email address changes. Failure to keep your email address current with The Event Hub, LLC is grounds for suspending or terminating your use of our services.
You agree that your membership profile, The Event Hub, LLC Group Mailing List messages, message board postings, uploaded pictures, or any other portions of the Website reserved solely for member use may not be used by you for commercial activity, sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit of the The Event Hub, LLC Group. You understand and agree that if it is used by you for any such activity that your right to utilize our services may be terminated immediately.
Consent to Disclosure. You acknowledge and agree that The Event Hub, LLC may disclose your Information if required to do so by law or upon the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement or the Terms of Service Agreement, (c) respond to claims that Your Information violates the rights of third parties; or (d) protect the rights, property or personal safety of The Event Hub, LLC, its employees, users and the general public.
The Event Hub, LLC Gatherings. Through our Website we provide tools that enable our users to arrange physical meetings (a "The Event Hub, LLC Gathering") at venues that include, but are not limited to, private homes or enterprises (such as coffee shops or retail stores). We do not supervise these The Event Hub, LLC Gatherings and are not involved in any way with the actions of any individuals at these gatherings. As a result, we have no control over the gender, age, nationality, or identity or actions of the individuals who are present at these gatherings. You understand and agree that we shall not be liable for any actions (or inactions) of any individuals at said gatherings. We request that our users exercise the utmost caution and good judgment when attending any type of gathering such as this.
Release. You acknowledge and agree that we do not supervise or control the The Event Hub, LLC Gatherings or interactions among between members and other persons or companies, and we are not involved in any way with physical transportation to or from these gatherings or with the actions of any individuals at these gatherings, and because we do not control PayPal, credit card companies or other payment processing companies, and we cannot guarantee the true identity, gender, age, nationality of our Website users, and because we have very limited control, if any, over the quality, safety, legality, or accuracy of various aspects of the information provided and the individuals providing said information that you bear all risk and you agree to release us (and our employees, agents, affiliates, and third party partners) and The Event Hub, LLC Group Organizer and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of our Website or Services, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a The Event Hub, LLC Gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
We may provide, or third parties may provide, links to other websites or resources. You hereby acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that The Event Hub, LLC shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on any such websites or resource.
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the marketing partner or third party. You agree that The Event Hub, LLC shall not be liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our Website.
You agree to indemnify and hold The Event Hub, LLC and it’s agents, employees, consultants, affiliates, and third-party partners harmless from all liabilities, any claim or demand, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against The Event Hub, LLC by any third party due to or arising out of your breach of these Terms and Conditions or other liabilities arising out of your use of this Website.
Disclaimer of Warranties. Your use of our Website is at your sole risk. Our Website is provided to you "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement made and without any warranty of any kind. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of fitness for a particular use, implied warranty of merchantability, and non-infringement. We disclaim any warranties regarding the security, reliability, suitability, timeliness, and performance of our Website. We disclaim any warranties for any information or advice obtained through our Website. We disclaim any warranties for services or goods received through or advertised on our Website or received through any links provided by our Website, as well as for any information or advice received through any links provided through our Website.
To the extent permitted by law, The Event Hub, LLC will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business opportunity, data, profits, loss of use of equipment) arising out of or in connection with the use of the Website.
In addition, no advice or information (oral or written) obtained by you from us shall create any warranty. We make no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available to you are free of viruses or anything else which may be detrimental or destructive.
You understand and agree that you download or otherwise obtain material or data through the use of our Website at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
Limitation of Liability. You agree that in no event shall The Event Hub, LLC be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Event Hub, LLC has been advised of the possibility of such damages), arising out of or in connection with our Website or this Agreement or the inability to use our Website (however arising, including negligence), arising out of or in connection with Third Party Transactions or arising out of or in connection with your use of our Website. Our liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) $100.
Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 12 may not apply to you.
Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Website, or your violation of any law or the rights of a third party. In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to binding Arbitration utilizing the dispute resolution procedures of the American Arbitration Association. Nonetheless, legal action taken by The Event Hub, LLC to collect any fees and/or recover damages for, or obtain an injunction relating to, our Website operations and/or our intellectual property rights shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by The Event Hub, LLC. In addition, either you or The Event Hub, LLC may seek any interim or preliminary relief from a Court of competent jurisdiction in the County of Sacramento, State of California necessary to protect the rights or property of you or The Event Hub, LLC pending the completion of arbitration.
Arbitration. The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement shall be submitted to final and binding arbitration. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs.
Enforcement. The provisions of this section (13) may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
Notice and Waiver. By accepting this Agreement to Arbitration you are giving up any rights you might possess to have those matters litigated in a court or jury trial. Also, by agreeing to this Agreement you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.
Dispute Resolution. By The Event Hub, LLC for the Benefit of Users. We may try to help The Event Hub, LLC members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between users. To the extent we attempt to resolve disputes, we will do so in good faith based solely on our general rules and standards, and we will not make judgments regarding legal issues or claims.
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your ability to use all or any portion of our Website, for any reason, including, without limitation, (a) for lack of use, (b) violation of or taking action inconsistent with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we cannot verify or authenticate any information you provide to us, (d) if you provide false or misleading information, or (e) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of our Website or Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Website. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of our Website or Services.
The Event Hub, LLC's Trademarks. The Event Hub, LLC trademarks and service marks, and other The Event Hub, LLC logos, products and service names, are trademarks of The Event Hub, LLC (the "The Event Hub, LLC Trademarks"). Except as otherwise permitted by law, you agree not to display or use in any manner the The Event Hub, LLC Trademarks without The Event Hub, LLC's prior written consent.
Further, The Intellectual Property Rights in this website and the materials on or accessible via this Website belong to The Event Hub, LLC or its licensors. This Website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, disseminated by anyone other than us, used or reproduced in any way except to the extent necessary for and for purposes of accessing and using this website.
For purposes "Intellectual Property Rights" includes the following: any patent, copyright, trademark, trade name, service mark, service name, design, design right, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right.
Notices. Except as otherwise stated, any notice to us shall be given by certified postal mail to The Event Hub, LLC , Attn: Legal Department, 2022 Beckett Dr. El Dorado Hills, CA, or by email to firstname.lastname@example.org, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
Entire Agreement. This Agreement along with any documents expressly referred to in this Agreement constitutes the entire agreement between you and The Event Hub, LLC, superseding any prior agreements, arrangements, undertakings or proposals, whether written or oral between you and The Event Hub, LLC in relation to such matters.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and The Event Hub, LLC is intended or created by this Agreement.
Governing Law. This Agreement and the relationship between you and The Event Hub, LLC shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and The Event Hub, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.
Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by The Event Hub, LLC, in our sole discretion, to one or more third parties in the event of a merger, acquisition, sale of all or substantially all of The Event Hub, LLC's assets, or similar transactions.
No Guaranty. We do not guarantee continuous, uninterrupted or secure access to our Website and nothing in this agreement is intended to make such a guarantee. You acknowledge and accept that operation of our Website may be interfered with by numerous factors outside of our control.
No Waiver. The Event Hub, LLC's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
Severance. If any provision of this Agreement is declared invalid, void, voidable, illegal or otherwise unenforceable by a court of competent jurisdiction, you and The Event Hub, LLC nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect. You agree that we shall amend said provision in such reasonable manner as to achieve the intention of the parties without running afoul of the court. If said provision cannot be so amended or, at the sole discretion of The Event Hub, such provision shall be severed from the Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
Limitation. You and The Event Hub, LLC each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Website, our Services or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
Headings. The section headings in this Agreement are for convenience of the parties only and have no legal or contractual effect.
The Website and Services offered under this Agreement are offered by The Event Hub, LLC 2022 Beckett Dr. El Dorado Hills, CA 95762. Please report any violations of this Agreement by sending a notice of the violation to the Secretary of The Event Hub, LLC by postal mail or email, as follows:
The Event Hub, LLC
2022 Beckett Dr. El Dorado Hills, CA 95762
This Terms of Service Policy is Effective as of December 21st, 2011