Event Vesta Terms of Use: Understanding Your Agreement

These Terms of Use (“Terms”) are a binding agreement between you and Event Vesta, Inc. (“Event Vesta,” “we,” “our,” or “us”) and govern your access to and use of the website www.eventvesta.com and the related mobile application (the “App”) (collectively, the “Site”). The Site provides information about our services and suggestions on how to best utilize them (“Services”).

Please read these Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services.

KEY HIGHLIGHTS OF THESE TERMS:

Binding Agreement: These Terms constitute a legally binding agreement between you and Event Vesta.
Mandatory Arbitration: Disputes will be resolved through binding arbitration, waiving your right to a jury trial or class action lawsuit.
Changes to Terms: We may modify these Terms at any time, and your continued use of the Site constitutes acceptance of those changes.
Site Access: We reserve the right to modify or discontinue the Site at any time without notice.
User Conduct: You are responsible for your use of the Site and agree to abide by our permitted and prohibited uses.
Intellectual Property: The content on this Site is protected by intellectual property laws.
Disclaimer of Warranties: The Site and Services are provided “as is” without warranties.
Limitation of Liability: Our liability is limited as described in these Terms.

1. Accessing the Site

We reserve the right to modify or discontinue the Site, including any Services or Materials (defined below), at any time without notice. We are not liable if the Site is unavailable for any period. We may also restrict access to certain parts of the Site, or the entire Site, to users, including registered users, at our discretion.

Your Responsibilities for Access:

You are responsible for making all necessary arrangements to access the Site.
You must ensure that all individuals accessing the Site through your internet connection are aware of and comply with these Terms.

Account Security:

You may be required to provide registration details or other information to access certain features. All information provided must be accurate, current, and complete, and you must have the authority to provide it.
If you are provided with a username, password, or any other security information, you must keep it confidential and not disclose it to any other person or entity.
You are responsible for all activity under your account and must notify us immediately of any unauthorized access or security breach.
It is important to sign out of your account after each session, especially when using a public or shared computer.
We have the right to disable any account at any time for any reason, including violation of these Terms.

2. Proprietary Rights and Use of the Site

The Site and its content, including all information and screens, are the exclusive property of Event Vesta or our licensors and are protected by copyright and trademark laws. We provide content, including documents, software, site design, text, graphics, logos, video, images, icons, and other content, which are considered “Materials.”

Limited License:

Subject to these Terms, we grant you a revocable, limited, personal, non-exclusive, and non-transferable license to:

Use, view, print, display, and download the Materials for personal use.
Use this Site solely for your personal, non-commercial purposes.

Restrictions:

Except as expressly permitted, you are prohibited from:

Modifying, editing, copying, reproducing, or creating derivative works from the Site or Materials.
Reverse engineering, altering, or enhancing the Site or Materials.
Exploiting the Site or Materials in any way that infringes upon our or our licensors’ intellectual property rights.

All rights not explicitly granted are reserved to Event Vesta.

License Termination:

If you breach these Terms, your license will automatically terminate, and you must immediately destroy any downloaded or printed Materials.

3. Your Communications to the Site

By sending any content or communications to us through the Site or other electronic means, you grant Event Vesta a perpetual, royalty-free, fully paid-up, worldwide, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and related purposes. No compensation will be provided for the use of your communications. You represent and warrant that you have the necessary rights to grant this license for any content you submit.

4. Electronic Communications

By using the Site and/or Services, you consent to receive electronic communications from us, including notices, updates, and transactional information. These communications are essential to our service and your relationship with us. You agree that electronic communications satisfy any legal requirement for written communication.

5. Permitted Uses

By accessing or using the Site, you agree to the following permitted uses:

You are at least eighteen (18) years old.
You will use the Site in accordance with these Terms and all applicable laws and in good faith.
You will use the Site solely for its intended Services.
You agree to be bound by these Terms each time you access the Site.

Prohibited Uses:

You are expressly prohibited from using the Site in any way that:

Alters or impairs the Site’s integrity or operation.
Breaches contractual relationships between us and our employees.
Is unlawful, harmful, or destructive.
Transmits unsolicited communications, spam, or advertisements.
Transmits harmful code or viruses.
Harvests email addresses or personal data.
Interferes with our network services or attempts unauthorized access.
Misrepresents your affiliation with Event Vesta.
Impairs the operation of the Site or other users’ access.
Transmits objectionable, unlawful, or infringing content.

Event Vesta has the right to monitor the Site and take action against any inappropriate conduct, including terminating accounts and reporting illegal activities to law enforcement. We may disclose information as necessary to operate the Site, protect Event Vesta and its users, or as legally required.

6. User Contributions

The Site may feature interactive services such as message boards, chat rooms, and forums (“Interactive Services”) that allow users to post content (“User Contributions”).

User Contribution Guidelines:

All User Contributions must comply with the Content Standards outlined in these Terms.
Any User Contribution you post will be considered non-confidential and non-proprietary.
By posting User Contributions, you grant us the right to use, reproduce, modify, display, distribute, and disclose to third parties such material.
You warrant that you own or control all rights to your User Contributions and that they comply with these Terms.

You are solely responsible for your User Contributions, including their legality, accuracy, and appropriateness. We are not responsible or liable for any User Contributions posted by you or any other user.

7. Monitoring and Enforcement; Termination

Event Vesta reserves the right to:

Remove or refuse to post any User Contributions for any reason.
Take action regarding User Contributions that violate these Terms, infringe intellectual property rights, threaten safety, or create liability for us.
Disclose your identity to third parties claiming infringement by your User Contributions.
Take legal action for any illegal or unauthorized use of the Site.
Terminate or suspend your access for any reason, including violations of these Terms.

You waive and hold harmless Event Vesta from any claims resulting from actions taken by us or law enforcement authorities regarding User Contributions.

While we have the right to monitor and remove content, we are not obligated to do so and assume no liability for User Contributions or inaction regarding them.

8. Content Standards

These Content Standards apply to all User Contributions and use of Interactive Services and must comply with all applicable laws and regulations. User Contributions must not:

Be defamatory, obscene, offensive, harassing, violent, hateful, or objectionable.
Promote sexually explicit material, violence, or discrimination.
Infringe any intellectual property rights.
Violate legal rights or give rise to civil or criminal liability.
Be deceptive or misleading.
Promote illegal activity.
Cause annoyance, inconvenience, or anxiety.
Impersonate any person or misrepresent your affiliation.
Involve commercial activities or sales without our consent.
Give the impression that they are endorsed by us if this is not the case.

9. Reliance on Information Posted

The information on the Site is for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from any reliance on Site materials by you or any other visitor.

The Site may include content from third parties, whose opinions are their own and do not necessarily reflect the views of Event Vesta. We are not responsible for the content or accuracy of third-party materials.

10. Third-Party Links

The Site may contain links to third-party websites (“Third-Party Sites”) that are not controlled by Event Vesta. We provide these links for your convenience but do not endorse or take responsibility for the content, services, or practices of Third-Party Sites. Your use of Third-Party Sites is governed by their respective terms and privacy policies.

We are not responsible or liable for any:

Content, services, or information available on Third-Party Sites.
Dealings or communications you have with third parties through Third-Party Sites.
Harm or loss related to your use of or reliance on Third-Party Sites.

11. Purchasing Products

Currently, Event Vesta products are offered through selected U.S.-based retailers listed on the Site and are not available to residents of the European Economic Area.

12. Other Terms and Conditions

Additional terms and conditions may apply to specific portions of the Site, Services, or features. These additional terms are incorporated into these Terms by reference.

13. App Stores

If you access the Site through an App Store (e.g., Apple App Store, Google Play Store), you acknowledge that your use of the App is also subject to the App Store’s terms of service. The App Store is not a party to these Terms but may be a third-party beneficiary. In case of conflict, these Terms prevail over the App Store’s End User License Agreement, except for Apple’s Licensed Application End User License Agreement which is incorporated by reference.

14. Linking to the Site and Social Media Features

You may link to our Site in a fair and legal manner that does not damage our reputation or suggest endorsement without our express written consent.

Restrictions on Linking and Social Media Features:

You may not link from websites not owned by you.
You may not frame or in-line link to the Site on other websites.
You must link only to the homepage.
Your linking website must comply with our Content Standards.

We reserve the right to withdraw linking permission or disable social media features at any time without notice.

15. Federal and State Laws

The Site is operated from the U.S. and intended for U.S. residents only. You are responsible for complying with all applicable U.S. federal, state, and local laws when using the Site.

16. Minimum Age

You must be at least eighteen (18) years old to use the Site. By using the Site, you represent that you meet this age requirement.

17. Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK. The Site and Materials are provided “as is” without warranties of any kind, either express or implied, to the fullest extent provided by law.

We disclaim all warranties, including but not limited to:

Merchantability
Fitness for a particular purpose
Title
Non-infringement
Accuracy, correctness, timeliness, or reliability of the Site and Materials

We do not guarantee that the Services will remain available to you and may terminate all or part of the Site at any time without notice.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EVENT VESTA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, including but not limited to:

Direct, indirect, special, incidental, consequential, or punitive damages.
Lost profits, business interruption, or loss of data.

Our total liability to you for any claim arising from your use of the Site is limited to the greater of:

The price of Services purchased in the twelve (12) months prior to the incident.
Fifty dollars ($50).

We are not liable for interruptions or delays in accessing the Site due to internet disruptions.

19. Indemnification

You agree to indemnify, defend, and hold harmless Event Vesta and its affiliates from any claims, demands, actions, liabilities, fines, penalties, and expenses arising from your use of the Site, including:

Content you provide or communications with us.
Unauthorized use of Site materials.
Prohibited activities.
Breach of these Terms.

20. Copyright Complaints

If you believe your copyrighted work has been infringed on the Site, please provide our Copyright Agent with the following information:

Your electronic or physical signature.
Description of the copyrighted work infringed.
Location of the infringing material on the Site.
Your contact information (address, phone, email).
A statement of good faith belief of infringement.
A statement under penalty of perjury that you are the copyright owner or authorized to act on their behalf.

Our Copyright Agent can be reached at:

Event Vesta Inc.

Attn: Copyright Agent
7305 Main St
Ralston, NE 68127
[email protected]

21. Injunctive Relief

You agree that Event Vesta may suffer irreparable damage if these Terms are not enforced and that we are entitled to injunctive relief in the event of a breach or threatened breach by you, without needing to prove actual damages or post a bond. You consent to jurisdiction and venue in courts in Omaha, Nebraska for such actions.

22. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

DISPUTE RESOLUTION BY BINDING ARBITRATION:

Except for claims for injunctive relief or matters within small claims court jurisdiction, you agree to resolve any disputes with Event Vesta through binding arbitration on an individual basis, not as a class action.

WAIVER OF CLASS ACTION AND JURY TRIAL:

You waive your right to participate in class action lawsuits or class-wide arbitration and the right to a jury trial. Arbitration is simpler and more limited than court proceedings, and the arbitrator’s decision is subject to limited court review.

Arbitration Process:

Governed by the Federal Arbitration Act and the rules of the American Arbitration Association (AAA).
Arbitration will be conducted in the county and state where you accepted these Terms or reside, or another convenient location.
You may opt out of this arbitration provision within thirty (30) days of accepting these Terms by emailing us at [email protected] with the subject line “Rejection of Arbitration Provision.”

23. Miscellaneous Provisions

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
Governing Law and Venue: These Terms are governed by the laws of the State of Delaware, and disputes will be resolved in the state and federal courts of Omaha, Nebraska, except for arbitration matters.
Assignment: We may assign our rights and obligations under these Terms.
No Waiver: Our failure to exercise any right under these Terms does not constitute a waiver of that right.
Headings: Headings are for convenience only and do not affect the interpretation of these Terms.
Typographical Errors: We are not responsible for typographical errors on the Site.

24. Questions

If you have any questions or comments about these Terms or the Site, please contact us by email at [email protected].