Terms of Purchase
EventsSavvy, LLC Terms of Purchase
The following terms (the “Agreement”) shall be effective upon 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)(“Term”). If you purchase a monthly membership (currently Basic, Featured, or Spotlight) 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 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. We will bill 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.
Membership Upgrades and Changes. EventsSavvy, LLC retains the right to revise its membership offerings, including the tools made available, at any time. If EventsSavvy, LLC discontinues a service offered as part of your membership, EventsSavvy, LLC may elect in its discretion to offer you a right to terminate your membership and a pro-rated refund shall be the sole remedy available. Additionally, EventsSavvy, LLC reserves the right to add services and charge separately for them. If EventsSavvy, LLC gives you temporary access to a service for which you have not paid, EventsSavvy, LLC reserves the right to charge for this product or service in the future.
Listing and Design Maintenance Responsibility.
● Listing. Customer is responsible for the creative aspects and development of its EventsSavvy, LLC listing and any features for any content.
Customer Responsibility. Customer is responsible for the operation of any other tools or services provided by EventsSavvy, LLC to Customer, 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 who used EventsSavvy, LLC’s tools or services, and EventsSavvy, LLC shall have no liability for such 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 through: (i) Self-Checkout or (ii) Providing Credit Card information while on the phone with a EventsSavvy, LLC representative.
Upgrading Membership or Services. Customer may add or upgrade membership 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 memberships or services will be deemed a new contract. The fees for new services will be based on the currently, generally applicable fees.
Non-transferability. The monthly membership and/or other services purchased are valid only for the Customer, and may 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 memberships 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, 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. 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 expressly 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 right to all actions and remedies in connection with any monies owed to EventsSavvy, LLC. You will indemnify, defend and hold EventsSavvy, LLC harmless for any claims, demands or causes of action that EventsSavvy, LLC takes toward any identified account.
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 Customers 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 obligation, to monitor disputes between Customer and other members. Customer agrees to release EventsSavvy, LLC, its owners, 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 owners, 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 acknowledges that its membership and/or use of the website 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 Customer 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.
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 and Venue. 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.
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, TROJAN 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, ITS officers, OWNERS, directors, agents or employees BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR DIRECT OR 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 OR ANY OTHER CAUSE OF ACTION. EVENTSSAVVY, LLC’S LIABILITY TO CUSTOMER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS EXPRESSLY 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 its affiliates, owners, 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 website, 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