Terms of Use

Welcome to EventERP.com, an online Event and Membership Management Solution.
General

The following terms and conditions (this "TOS") govern all use of the www.EventERP.com (the "Website") and the services and software available on or through the Website (taken together with the Website, collectively, the "Service"). The Service is owned and operated by EventERP INC.("EventERP"). USE OF SERVICE IS CONDITIONED UPON COMPLIANCE AND ACCEPTANCE OF THE FOLLOWING TERMS OF SERVICE. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE TO ANY OF SUCH TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE.

Changes or Modifications

EventERP reserves the right, at its sole discretion, to change, modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Service following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to stop using the Service.

Description of Service

EventERP.com provides Event Organizers and Organizations ("Organizers") with an online Event and Membership Management service. EventERP.com enables Organizers to sell tickets/registrations for their Events and Membership, to the users who want to attend such Events and become members of such Organizations. Event organizers can visit the Website, submit the required information about event like venue, sessions, pricing etc. and collect Event Registration Fees directly from users (the “Guests”), who wish to attend the Event(s). Guests may visit the Website directly, provide required personal information or login to the Website and make payment for registration or purchase of ticket of such Event or purchase of Membership of such an Organization. Payments are transacted through Authorize.net or other third party services. Organizers may also use the service to host their membership database, send promotional e-mails to Guests using Vertical Response or other third party services. Guests may opt out of receiving promotional e-mails. This TOS applies to you and your use of the Service regardless of whether you are an Event Organizer, Organization, Guest or other user of the Service. Organizer may designate staff and other users (the "Users") to use the service for Managing Event and Membership. The Users may access service to access data from, input data to Organizer's database hosted by the Service.

Use of Service

You shall use the Service only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). You shall not, nor permit anyone else to, directly or indirectly: (i) modify or otherwise create derivatives of any part of the Service (ii) reverse engineer, disassemble,decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (iii) rent, lease, resell, distribute or use the Service for timesharing, service bureau, or commercial purposes (iv) remove or alter any proprietary notices or labels on or in the Service Or (v) engage in any activity that interferes with or disrupts the Service EventERP may change, suspend or discontinue the Service, including any feature of the Service or any Content (as defined below) made available in connection with the Service.

Resale of Service

Unless specifically authorized by EventERP in writing, Organizer(s) agree(s) not to reproduce, duplicate, copy, sell, resell or exploit for any purposes other than its internal purposes, any portion of the Service, use of the Service, or access to the Service.

Payment

EventERP.com will collect such Event Registration and Membership Fees from the Guests on behalf of Organizers and deduct the applicable Service and Credit Card Processing Fees, as per Pricing indicated on Website, from such fees collected and pass on the reminder to the Organizer. Unless otherwise decided by EventERP, the setup fees if any are due are payable upon signing. The monthly subscription fees if any are due and payable on the first of the month for the following month. The Service usage fee if any is due and payable on the first of the month for the preceding month's usage. If EventERP's Merchant account is used, Organizer agrees to pay EventERP additional Credit Card processing fees as applied from time to time. EventERP reserves the right to change the credit card processing fees at any time. Organizer is responsible for payment of (or reimbursement to EventERP, if EventERP pays) all federal, state, local and other taxes, including but not limited to sales, use, excise or amounts levied in lieu thereof. Organizer agrees to pay a late charge on any fees not paid by Organizer within twenty (20) business days of the invoice date. Late charges will be calculated at the maximum rate allowed under applicable law. All sales, fees, charges, and funds are payable in U.S. Dollars, or other foreign currencies accepted by EventERP. For all sales, fees, charges, and funds paid in foreign currency, EventERP will collect and disperse the funds in the foreign currency used. Upon receipt of a credit card authorization upon purchase of ticket by Guest(s), Service will generate and email a confirmation message displaying a unique confirmation number to the Guest(s) with a copy to the Organizer. If you are using the Service as an Organizer, you agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by EventERP through the Service, and it is your responsibility to verify the Guest's registration status, membership status, confirmation number and/or any event restrictions prior to the subject event. If any Credit Card chargebacks are initiated by a Guest for any reason with respect to an Event or Membership Fees, shall be charged back to the Organizer of such Event or Membership. All communications and disputes regarding chargebacks are between the Organizer and Guest, and EventERP will not be responsible or liable in any way for, and Organizer hereby agrees to fully indemnify EventERP and its affiliates for, chargebacks issued in the course of the use of the Service. EventERP.com provides email marketing service through a 3rd party affiliate partner - Vertical Response, and Organizers are directly responsible to such 3rd parties for fees/charges arising out of usage of 3rd party services. EventERP will not collect fees on behalf of its email marketing partner(s). EventERP also does not guarantee that email marketing will be available to Organizers unconditionally when they are using the Service. The 3rd party may have its own qualification criteria to allow usage of such service. ORGANIZER(S) AGREES THAT THEY HAVE TAKEN NOTE AND IS COGNIZANT OF SERVICE USAGE AND CREDIT CARD PROCESSING FEES THAT ARE INDICATED UNDER PRICING PAGE ON THE WEBSITE. ORGANIZER FURTHER AUTHORIZES THE SERVICE TO COLLECT EVENT AND MEMBERSHIP FEES ON ITS BEHALF AND DEDUCT THE APPLICABLE FEES FOR USAGE OF THE SERVICE INCLUDING CREDIT CARD PROCESSING AND OTHER FEES AS APPLICABLE FROM TIME TO TIME.

Refunds

It is the responsibility of the Event Organizer to communicate refund policy to Guests. It is Okay to have NO REFUND policy but it should be clearly communicated. The Service will issue refunds to Guests upon request and deduct the amount from the Event Organizer’s final payment. No payments shall be made to an Organizer from EventERP if any event is cancelled and all payments will be refunded to the Guests. Whether you are using the Service as an Organizer, Guest or otherwise, you acknowledge and agree that EventERP shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if EventERP receives complaints from a substantial number (as determined by EventERP in its sole discretion) of Guests with respect to an Organizer or the applicable event, or EventERP determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations.

Your obligations

To be a registered user of the Service, whether as an Organizer or Guest or User by the Organizer, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (the "Registration Data" and / or "Profile") and (b) maintain and promptly update the Registration Data and / or Profile to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EventERP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EventERP has the right to suspend or terminate your account and refuse any and all of your current or future use of the Service (or any portion thereof).

Account, Password and Security

As part of the Service registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EventERP of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EventERP cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section.

Website content

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Service or otherwise made available by EventERP at the Website (collectively, "Website Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. EventERP may own the Website Content or portions of the Website Content may be made available to EventERP through arrangements with third parties. Except as expressly authorized by EventERP in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Website Content, or post any Website Content on any other web Website or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Website Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Website Content for any other purpose is strictly prohibited without the express prior written permission of EventERP. You shall use the Website Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

Your content

Organizer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Organizer is solely responsible for all Content that Organizer uploads, posts, emails or otherwise transmits via the Service. EventERP shall not be liable in any way for any Content, including, but not limited to, errors or omissions in such Content, for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. Organizer agrees to not knowingly use the Service to: (a) upload, post, email or otherwise transmit any Content which is unlawful or abusive in any way, including but not limited to any Content that is defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability in civil or criminal court, or violate any local, state or federal or international law, either intentionally or unintentionally; (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (c) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (d) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (e) upload, post, email or otherwise knowingly transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) interfere with or knowingly disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (g) intentionally or unintentionally violate any applicable local, state, national or international law; (h) collect or store personal data about other users without their permission; (i) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (j) upload, post, email or otherwise transmit any Content that is false or misleading to users. If EventERP has a good faith belief that Organizer is using the Service in violation, EventERP will immediately notify the Organizer in writing and provide the Organizer a reasonable time period to cure the offense. In no case shall this period to cure exceed ten (10) business days. EventERP may suspend Service to the Organizer immediately upon becoming aware of a violation. Such Service will remain suspended until EventERP receives reasonable assurances from Organizer that it has remedied those offenses described above and has permanently discontinued engaging in such behavior. EventERP has no obligation to edit, monitor or screen Content and is not responsible for such Content. However, EventERP reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request and will immediately notify the Organization of any such compliance by EventERP.

Indemnity

Whether you are using the Service as an Organizer, Guest, Organizer Referrer, Guest Referrer or otherwise, you agree to defend, indemnify and hold EventERP, and its affiliates, and their officers, agents, co-branders or other partners, and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party ("Claim") due to or arising out of: Your Content; your use of, contribution to or connection with the Service (including the Referral Software); your violation of this TOS; or your violation of any rights of another; or arising due to services provided by 3rd party like Vertical Response or Authorize.net or Siteground. EventERP shall provide notice to you of any such Claim. EventERP reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting EventERP's defense of such matter.

Changes to Service

EventERP reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. EventERP will not be responsible to Organizer, Guest or other users for a refund, in whole or part, of service charges for any reason. You agree that EventERP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any other service being provided by 3rd parties like Vertical Response, Authorize.net or Siteground etc.

Disclaimer of Warranties

EventERP DOES NOT WARRANT THAT ORGANIZER'S USE OF THE SERVICE, OR THE OPERATION OR FUNCTION OF THE SERVICE, OR ANY COMPONENT THEREOF, OR ANY PRODUCTS OR SERVICE OFFERED IN CONNECTION WITH THE SERVICE, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED, OR THAT THE WEBSITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ORGANIZER'S USE OF THE SERVICE IS AT ITS OWN RISK AND ORGANIZATION ASSUMES FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT ORGANIZATION USES IN CONNECTION WITH ITS USE OF THE SERVICE. EventERP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, AND THE ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES RELATED TO MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT SHALL EventERP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE, THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBWEBSITES, THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEBWEBSITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICE, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EventERP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO ORGANIZATION. IF ORGANIZATION IS DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, ORGANIZER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS EventERP'S LIABILITY OR ORGANIZATION'S REMEDIES.

Release

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE EventERP (AND ITS AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Force Majeure

Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If the force majeure event lasts longer than sixty (60) days either party may terminate this Agreement by providing to the other party written notice to such effect.

Termination

EventERP, in its sole discretion, may terminate your password, account (or any part thereof) and/or your right to use the Service, and remove and discard any and all of Your Content within the Service, for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due EventERP, or if EventERP believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Service may be effected without prior notice, and acknowledge and agree that EventERP may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Service. Further, you agree that EventERP shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Service. All provisions of this TOS that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections).

Notices

All notices between the parties shall be in writing and shall be given by personal delivery, email, facsimile transmission, or by certified or registered mail, return receipt requested, and deemed given upon personal delivery, upon transmission of email, five (5) business days after deposit in the mail, or upon acknowledgment of receipt of facsimile transmission to the addresses set forth as follows, or such other address as is provided by notice as set forth herein. Our mailing address is - 7964 McClellan Road# 3, Cupertino, CA 95014, USA.

Governing Law and Jurisdiction

This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California exclusive of its conflicts of law principles.

Entire agreement

This TOS constitutes the entire agreement between you and EventERP and governs your use of the Service, superseding any prior agreements or contemporaneous communications between you and EventERP. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software.

Provisions

The failure of EventERP to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this TOS remain in full force and effect.

Titles

The section titles in this TOS are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of this TOS by email to support@eventerp.com

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