Terms of Purchase
EventsSavvy Terms of Purchase
Last Revised 8/29/19
The following terms (the “Agreement”) shall be effective up execution of the purchase process by you (“Customer” or “You”).
Term and Renewal Your Agreement with EventsSavvy, LLC will last for the term (currently, month to month). If you purchase a monthly membership from us, it will last for a one-month Term and continue to renew for one month renewal terms (“Renewal Term”) on a month-to-month basis unless and until you cancel it (by using the Billings page or contacting EventsSavvy, LLC in writing) or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees. EventsSavvy, LLC will charge the monthly membership fee to the payment source you have provided during registration or to a different payment source if you change your account information. Membership fees are fully earned upon payment. We do not provide refunds or credits for partially used terms.
Termination In the event of a Customer’s early termination your membership will continue until immediately prior to your next scheduled billing date, at which point you will not be billed. Your account will stay in an inactive state unless deleted from the accounts page by the customer. EventsSavvy, LLC may terminate this Agreement for cause upon five (5) days written notice of a breach to Customer. EventsSavvy, LLC may terminate this Agreement, with such termination to be effective on five (5) business days to be effective on (5) business days notice, if the Customer provides products or services that are competitive to EventsSavvy, LLC or its affiliates. In the event of any type of termination or expiration of this Agreement, EventsSavvy, LLC retains the right to keep any and all member reviews of Customer posted on the Website as well as basic directory information of Customer associated with such reviews, including without limitation, business name, address, and telephone number.
Product Upgrades and Changes EventsSavvy, LLC retains the right to revise its product and/or service offerings, including the tools made available, at any time. If EventsSavvy, LLC discontinues a product or service offered as part of your membership, EventsSavvy, LLC may elect in its discretion to offer youa right to terminate your membership and receive prorated terminated and a pro-rated refund shall be the sole remedy available. Additionally, EventsSavvy, LLC reserves the right to add additional products and services and charge separately for them. Purchase of a current product or service does not guarantee access to future products and services. If EventsSavvy, LLC gives you temporary access to a product or service for which you have not paid, EventsSavvy, LLC reserves the right to charge for this product or service in the future.Ad Creative and Design Maintenance Responsibility
- Ad Creative Customer is responsible for the creative aspects and development of its EventsSavvy, LLC listing and any features for any content.
Vendor Responsibility Regarding Other Services Customer is responsible for the operation of any other tools or services provided by EventsSavvy, LLC to Vendor, including keeping current its business and contact information, sending information and responding to client or prospective clients. EventsSavvy, LLC is not responsible for the content, contracts, communications, or interactions (the “Interactions”) between Customer and its clients used EventsSavvy, LLC provided tools or services and shall have no liability for interactions. Further, EventsSavvy, LLC is not responsible for any losses Customer may incur as a result of relying on information provided to Customer by its clients or other parties, whether or not such information was provided via EventsSavvy.com and even if EventsSavvy, LLC was advised of the possibility of such losses.
General Payment Terms Customer may purchase products and/or services hereunder in a variety of ways including: (i) Self-Checkout or (ii) Providing Credit Card information while on the phone with a EventsSavvy, LLC representative.
Upgrading Products and Services Customer may add or upgrade additional products and/or services at any time by contacting Customer’s EventsSavvy, LLC account manager or by accessing Customer’s EventsSavvy, LLC self-service feature on the web. Upgrades to existing products and services will be deemed as a new contract. The fees for new products and/or services will be based on the currently, generally applicable fees.
Non-transferability of Products and Services The products and/or services purchased are valid only for the Customer, and in the Category specified at the time or purchase and my not be transferred to a different Customer or by the same customer to a different category.
U.S Dollars & U.S Trade Regulations Customers will be billed in U.S Dollars and subject to U.S Payment terms. In no event shall any transaction be in violation of U.S Trade Regulations. There shall be no refunds for products and/or services provided by EventsSavvy, LLC. All amounts required to be paid hereunder do not include any amount of taxes or levy (including interest and penalties). Customer shall pay all sales, use, VAT, excise, property or other taxes or levies which EventsSavvy, LLC is required to collect on applicable tax authorities.
Credit Cards If EventsSavvy, LLC is authorized by Customer to charge Customer’s credit card and EventsSavvy, LLC is unable to process Customer’s credit card, or if any fee is otherwise not paid on time, then EventsSavvy, LLC may revoke access to Customer’s account. Customer will not perform a chargeback for the fees paid hereunder by credit card authorized to charge Customer’s credit card, EventsSavvy, LLC may periodically authorize your credit card in anticipation of membership or related charges. If your credit card on file reaches its expiration date and you do not edit your payment information, you authorize us to continue billing that payment source and you remain responsible for any uncollected amounts and any associated fees that may arise.
You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in fee-based activities on our site. You agree that if you don’t maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below. You irrevocably and expressively authorize EventsSavvy, LLC to withhold any monies and/or debit any monies from any account that you have identified to EventsSavvy, LLC for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to EventsSavvy, LLC. We reserve our rights to all actions and remedies in connection with any monies owed to EventsSavvy, LLC. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that EventsSavvy, LLC takes toward any identified account pursuant in this Section.
Nonpayment If the Customer does not make payments on time based on their payment schedule, EventsSavvy LLC’s delinquency process is as follows: (i) Customer account suspended and access is revoked; (ii) Customer has five (5) days to bring to current balance after notification (which may include an email notice); (iii) After five (5) days, the account is terminated and Customer’s access to Customer’s EventsSavvy, LLC account is permanently revoked; and (iv) if Customer wants to reinstate Customer’s account with EventsSavvy, LLC after termination, Customer must: (a) Pay the outstanding balance in full; and (b) Execute a new Agreement.
If, for any reason, any fees Customer owes EventsSavvy, LLC have not been received or in any manner realized by EventsSavvy, LLC (“Unpaid Fees”), Customer agrees to pay such fees immediately. In addition, EventsSavvy, LLC may charge interest in the lower amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that Customer maintains. Any partial payments made by Members will first be applied to the most recent fees owed to EventsSavvy, LLC, including interest. EventsSavvy, LLC reserves the right to waive or reduce the amount of any UnPaid fees, penalties, or interest at any time. Customer also agrees to pay any associated penalties, fees, attorney fees, and other costs of collection incurred by EventsSavvy, LLC with respect to Unpaid Fees.
Incorrect Billing If Customer believes that EventsSavvy, LLC has billed incorrectly, Customer must contact EventsSavvy, LLC in writing no later than thirty (30) days after the Billing Schedule on the first billing statement in which the error or problem occurred.
Disputes among Members; Release Customer is solely responsible for its interactions with other EventsSavvy, LLC members, and EventsSavvy, LLC is not party to any such disputes. EventsSavvy, LLC reserves the right, but has no obiligation, to monitor disputes between Customer and other Members. Customer agrees to release EventsSavvy, LLC, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between Customer or its officers, directors, agents or employees on the one hand, and any other EventsSavvy, LLC Members on the other hand.
No Agency Customer hereby agrees and ackowledges that its provision of services and/or use of the Site does not confer or imply any contractor (independent or other agency, partnership, joint-venture, employee-employer or franchiser-franchisee relationship with EventsSavvy, LLC and furthermore that no affiliation, association or connect exists between Customer and EventsSavvy, LLC. In no event shall you have authority to bind, commit, contract for or otherwise obligate EventsSavvy, LLC in any manner whatsoever.
Entire Agreement This Agreement, including any documents incorporated by reference, shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between parties with respect thereto.
Modifications The parties agree that this Agreement cannot be altered, amended or modified, except by writing signed by an authorized representative of each party.
No Waiver No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
Severability and Reformation Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
Governing Law This Agreement is governed by the laws of the State of Wisconsin (“Governing Law”), without regard to principles of conflict of laws of any state or jurisdiction. Customer hereby agrees that the courts located in Wisconsin (“Place of Jurisdiction”) shall have exclusive jurisdiction over any dispute arising hereunder.
Arbitration Disputes between Customer and EventsSavvy, LLC regarding the Site and EventsSavvy, LLC’s services should be reported to Info@EventsSavvy.com EventsSavvy, LLC’s attempt to resolve any disputes you have with us. Because EventsSavvy, LLC is not responsible for resolving any disputes between Customer and other Members regarding services or transactions. Any claim or controversy arising out of or relating to your use of this Site, to the goods or services provided through EventsSavvy, LLC, this Agreement, or to any acts or omissions for which you may contend EventsSavvy, LLC is liable, but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of American Arbitration Association (“AAA”) in force at that time. The arbitration shall be conducted in the Place of Jurisdiction. The arbitrator shall be selected pursuant to the rules. Should no AAA rule regarding Wisconsin selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to EventsSavvy, LLC. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of the arbitration paid by the prevailing party, provided, however, that in Wisconsin any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must have a written demand therefore.
Any judgement upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in the Place of Jurisdiction. The arbitrators shall not have power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive, exemplary damages, and each party irrevocably waives any claim thereto. Customer and EventsSavvy, LLC agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, regardless of the nature of the dispute or issues involved, and may not otherwise preside over any form of a representative or proceeding.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN CUSTOMER AND EVENTSSAVVY, LLC WILL BE RESOLVED BY BINDING ARBITRATION. CUSTOMER THUS GIVES UP ANY RIGHT TO GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS, CUSTOMER ALSO GIVES UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTION LAWSUITS. CUSTOMER’S RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. Customer is entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court by using EventsSavvy, LLC’s goods, services, or the Site, Customer consents to these restrictions.
In the event the prohibition on class arbitration is deemed invalid or unenforceable, the the remaining portions of the arbitration agreement will remain in force. Should a Dispute arise and should the arbitration provisions herein beome inapplicable or unenforceable, or in any instance of any lawsuit between Customer and EventsSavvy, LLC the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state courts sitting in Place of Jurisdiction and federal courts sitting in Place of Jurisdiction , if either party employs attorneys to enforce any right in connection with any Dispute or lawsuite, the prevailing party shall be entitled to recover reasonable attorney’s fees.
WARRANTY EXCLUSION THE PRODUCTS AND/OR SERVICES PROVIDED BY EVENTSSAVVY, LLC ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, EVENTSSAVVY, LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE PRODUCTS AND/OR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS, INCLUDING, WITHOUT LIMITATION, WARS, TERRORIST ATTACKS, STRIKES, RIOTS, EARTHQUAKES, HURRICANES, TORNADOES, VOLCANOES, MAJOR WEATHER EVENTS, INTERNET CONGESTION, ATTACKS ON OR FAILURE OF INFRASTRUCTURE, TROJANS VIRUS OR MALWARE, AND DENIAL OF SERVICE (DOS) ATTACKS (THE “FORCE MAJEURE EVENTS”). EVENTSSAVVY, LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURE OR OTHER DAMAGE RESULTING FROM THESE FORCE MAJEURE EVENTS.
LIMITED LIABILITY IN NO EVENT SHALL EVENTSSAVVY, LLC, OUR EMPLOYEES, OR OUR SUPPLIERS BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INTENT TO USE THE SITE, FOR USE OF ANY COUPONS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, WHETHER AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. EVENTSSAVVY, LLC’S LIABILITY, AND THAT OF OUR EMPLOYEES AND SUPPLIERS, TO CUSTOMER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE LEVEL OF THE AMOUNT OF FEES YOU PAY TO EVENTSSAVVY, LLC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OR ESSENTIAL PURPOSE OF ANY REMEDY.
Representation and Warranty Customer represents and warrants that: (1) it has authority to enter into this Agreement; (2) entering into this Agreement does not violate any other rights, obligations, regulations or laws; (3) it has obtained all necessary rights for any content that it provides to EventsSavvy, LLC and that EventsSavvy, LLC’s use of such content will not be defamatory or harassing or violate any third party rights, including rights of publicity, privacy, and intellectual property rights, or violate any law or regulations.
Indemnity Customer agrees to indemnify and hold EventsSavvy, LLC and our affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attoney’s fees, made by any third party due to or arising in any manner in whole or in part out of Customer’s use of the Site, or its violations of its representations, warranties, or obligations under the Agreement.
Contact Info For all questions related to billing, please contact EventsSavvy, LLC at firstname.lastname@example.org or by contacting us at 920.497.8340