The terms and guidelines described below covers the entire Availed Events website (“the Site,” “Availed Events,” “Application,” “we,” “us,” or “our”). Phrases such as “you,” “your” and other similar expressions refer to our customers, or the specific users of this Site (“Users”). Collectively, Availed Events and its Users will be known as the “Parties.” By visiting and using the Site, you accept the practices described in these terms and guidelines (“Terms” or “Services”).
1. Using the Site
When retrieving information from the Site, you are prohibited from (a) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (b) aggregating, copying or duplicating any of the materials or information available from the Site except for the small amount of materials and information temporarily required for an ordinary single use of the Site, or (c) accessing data not intended for you.
By accessing or using the Site, the Services, or the Applications, you agree:
You represent and warrant that you are legally entitled to enter into these Terms and to use the Services.
You represent and warrant that you are at least 18 years old. If you are under the age of 18, you are not permitted to submit any personal information to us.
You shall provide accurate, true, and current information as prompted during the account registration process and shall keep it current at all times.
You shall comply with all state and local laws of each location in which you access the Site or use the Services. You shall not use the Site or Applications for any illegal or unauthorized purpose.
You shall only access or use the Site or the Applications with a compatible device or computer. Availed Events assumes no responsibility or liability for loss resulting from failure to comply with this provision.
You shall be solely responsible for all activity associated with your account, including any posted data, text, images, audio, video, or any other content (collectively, the “Content”).
You shall be solely responsible for keeping a duplicate copy of all Content; we do not accept any responsibility or liability for the loss of your Content.
You shall not transmit worms, viruses or any code of a destructive nature to Availed Events, other users, the Site, or the Applications.
You shall not abuse, harass, threaten, harm or impersonate other Availed Events users or employees or contractors of any Availed Events Entities or any of its partners, at any time or for any reason.
Any use of the Site, the Services, or the Applications in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site, the Services, and/or the Applications. Availed Events reserves the right to monitor your use of the Site, the Services, and the Applications to ensure your compliance with these Terms, or pursuant to a court, administrative, or governmental order. Furthermore, we reserve the right to deactivate or suspend use of the Site, the Services, or the Applications for any reason.
2. Intellectual Property Rights
The copyrights and other intellectual property in the Site, the Services, and the Applications are owned by Availed Events, its independent contractors, and its licencors. Subject to your compliance with these Terms, including Section 1 above, you are authorized to view, store, print, copy, and distribute the pages, data, text, images, audio, video, or other content within the Site or Applications for the purposes of your use of the Services or considering use of the Services. This right is non-transferable and non-sublicensable. All other rights are reserved. In consideration of this authorization, you agree that (a) any copy of these documents which you make shall retain all copyright and other proprietary notices contained in such documents and (b) these Terms are included with any distribution.
By submitting Content through the Applications, you hereby grant Availed Events a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the Content when operating the Site and Applications, and for Availed Events’s internal business purposes, which include the Services.
Subject to your compliance with these Terms, including Section 1 above, you are authorized to download and install a single copy of any of the Applications for your personal, non-commercial use only. This right is non-transferable. All other rights are reserved. You may not sell, transfer, license, sublicense, or distribute the Applications to any third party and you may not use the Site, Services or Applications for the purpose of indirectly or directly competing with Availed Events.
You shall indemnify, defend and hold harmless Availed Events and its affiliates, related companies, officers, directors, members, employees, agents, representatives, partners, and licencors from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) your use of the Site, Services, or Applications, (ii) your violation of these Terms, or (iii) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account. You agree to immediately notify Availed Events of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the Site or Applications.
4. Limitation of Liability
AVAILED EVENTS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ASSESSING THE ABILITY OR SUITABILITY OF INDEPENDENT CONTRACTORS, WHO PROVIDE YOU SERVICES AS THIRD PARTIES. YOU EXPRESSLY WAIVE AND RELEASE AVAILED EVENTS FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM INDEPENDENT CONTRACTORS YOU ENCOUNTER THROUGH USE OF THE SITE, SERVICES OR APPLICATIONS. AVAILED EVENTS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ACTS BY INDEPENDENT CONTRACTORS DURING THE PERFORMANCE OF SERVICES WHICH CAUSE PERSONAL INJURY, PROPERTY DAMAGE, DEATH, THEFT, DEFAMATION, DISPARAGEMENT, DISCRIMINATION, BREACH OR INTERFERENCE WITH A THIRD-PARTY CONTRACT, OR MISREPRESENTATION. YOU ACKNOWLEDGE THAT AVAILED EVENTS OWES NO DUTY OF CARE TO YOU AND AVAILED EVENTS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR BREACH OF SUCH A DUTY BY AN INDEPENDENT CONTRACTOR.
AVAILED EVENTS EXERCISES NO CONTROL OVER THE SCHEDULES OR AVAILABILITY OF INDEPENDENT CONTRACTORS AND SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM ISSUES RELATED TO THE SCHEDULE OR AVAILABILITY OF AN INDEPENDENT CONTRACTOR. AVAILED EVENTS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR LOSSES OR DAMAGES RESULTING FROM DISCLOSURE OF YOUR PERSONAL OR CONFIDENTIAL INFORMATION BY AN INDEPENDENT CONTRACTOR. AVAILED EVENTS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR AN INDEPENDENT CONTRACTOR’S FAILURE TO MAINTAIN or OBTAIN ANY LICENSES OR PERMITS, OR LACK OF TRAINING, EXPERIENCE, OR BUSINESS QUALIFICATIONS NECESSARY TO PROVIDE SERVICES. AVAILED EVENTS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR DISPUTES BETWEEN YOU AND ANY INDEPENDENT CONTRACTOR, INCLUDING PAYMENT DISPUTES, AND DISPUTES RELATED TO THE METHOD, DETAILS, AND MEANS THAT AN INDEPENDENT CONTRACTOR CHOOSES TO PERFORM SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAILED EVENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR APPLICATIONS; OR (B) ANY CONTENT OBTAINED FROM THE SITE OR APPLICATIONS.
5. Governing Law
These Terms shall be governed by and interpreted under the laws of the State of Minnesota. If any dispute, controversy or claim arises between the Parties with respect to this Agreement or any future amendment to this Agreement, they will submit the matter for mediation before a mutually agreed upon mediator. If the Parties cannot agree on a mediator, the matter will be heard by a mediator appointed through the Minnesota Mediation Center or similar service if Minnesota Mediation Center no longer exists. If mediation does not result in agreement, the Parties agree to Minnesota state courts in Dallas County, Minnesota, as the venue for any litigation regarding this Agreement, including the rights and obligations of any Party to this Agreement.
If any provision of this Agreement is declared invalid or unenforceable, then that provision will be modified to one that is valid and enforceable and most closely carries out the intent of the initial provision, and all remaining provisions of this Agreement will continue in full force and effect.
7. Entire Agreement