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LAST UPDATED: DECEMBER 17, 2019
Before accessing the Site and/or any of the Services please read these Terms and Conditions carefully – available at https://attendease.com/terms-of-use/, as well as Attendease’s Privacy Policy, GDPR Privacy Notice, and California Privacy Notice – available at https://attendease.com/privacy/ (the “Privacy Policy”) – and all other Attendease policies referenced herein.
Attendease Software Corporation’s (“Attendease Software”) websites and domains, including attendease.com, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications (collectively, the “Applications”) are offered, maintained and provided by Attendease. We refer to all of these as our “Services.”
Attendease provides an all-in-one event management platform for registered users who are event organizers, planners, and charitable organizations (“Organizers”) to create event registration, speaker profile, organizer profile, fundraising, and other webpages related to their events, to promote those pages and events to visitors or browsers on the Services and to sell tickets and registrations (or issue free registrations), and solicit donations related to those events to users who wish to make ticket purchases, registrations or donations from or to such events (including to free events) (“Attendees”). We refer to ticket purchases, registrations, or donations from or to such events by Attendees as “Transactions”. We refer to Organizers, Attendees, and other visitors and browsers of the Services collectively as “Users” or “you.”
All Transactions that occur in the United States of America with respect to the Services are facilitated in whole or in part by Attendease Registrations USA, LLC (“Attendease Registrations”). Attendease Registrations is a wholly owned subsidiary of Attendease Software.
For purposes of these Terms of Use, Attendease Software and Attendease Registrations, as applicable, shall be referred to as “Attendease,” “us,” “we” or “our.”
The following sets forth the terms and conditions upon which you may use the Services (the “Terms of Use”). If you use the Services in any way, these Terms of Use apply to you. By accepting the Terms of Use and using the Services in any manner, you agree to these Terms of Use without modification and enter into a binding contract with Attendease.
You agree to these Terms of Use and you enter into a binding contract with Attendease either when you sign up for a registered account by clicking “Sign Up,” “Register Now,” “Get Started” or similar buttons, or if you are an unregistered Attendee, when you purchase a ticket to or register for an event (including free events) or purchase merchandise, service or make a donation related to an event, in each case by clicking “Pay Now,” “Register Now,” “Buy Now” or similar buttons. If you are not a registered user or an unregistered Attendee, you agree to these Terms of Use and you enter into a binding contract with Attendease by downloading Applications or using, accessing or browsing any part of the Services. If you do not agree to any portion of these Terms of Use, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms of Use on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such a case, “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Use, do not use or access the Services.
THESE TERMS OF USE INCLUDE (A) AN ARBITRATION PROVISION; (B) CERTAIN DISCLAIMERS OF WARRANTIES ON BEHALF OF ATTENDEASE; (C) CERTAIN LIMITATIONS OF LIABILITY FOR THE BENEFIT OF ATTENDEASE; AND (D) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST ATTENDEASE ARISING OUT OF DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.
These Terms of Use are effective upon your Acceptance as set forth under Section 3 above and continue in effect until terminated.
Except to the extent we have agreed otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of Attendease, Attendease may terminate your right to use the Services at any time for:
Except to the extent you have agreed otherwise in a separate written Service Agreement between you and an authorized officer of Attendease, you may terminate your access to the Services and these Terms of Use by deleting your account. If you need help deleting your account, please visit the “Contact Us” section of the Site. In the event there is a separate agreement between you and Attendease governing your use of the Services and that agreement terminates or expires, these Terms of Use (as unmodified by such agreement) shall govern your use of the Services unless and until you delete your account.
All provisions of these Terms of Use that by their nature should survive termination of these Terms of Use shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, choices of law and judicial forum, and intellectual property protections and licences).
Attendease reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including, but not limited to, the Attendease pricing) with or without notice. Modifications to these Terms of Use will be posted to the Attendease website with a change to the “Updated” date at the top of these Terms of Use. It is your responsibility to check these Terms of Use periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to these Terms of Use constitutes acceptance of those Modifications as well. If any Modification to these Terms of Use is not acceptable to you, you must cease accessing, browsing and otherwise using the Services.
Attendease hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services solely for the purposes of:
Attendease is not the organizer or owner of the events listed for sale or registration on the Services. Attendease provides the Services, which allow Organizers to list and promote their events, but all Transactions are made by the respective Organizer listed on the applicable event page. In the event that an Organizer has elected Attendease to facilitate the Transaction, Attendease also acts as the Organizer’s limited agent solely for the purpose of collecting payments made by Attendees on the Services with respect to an event and passing such payments through to the applicable Organizer. It is the Organizer’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
All fees may vary based on individual Service Agreements between Attendease and the Organizers. Organizers ultimately choose if these fees will be passed along to Attendees and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Attendees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Attendees for an event are not necessarily the same as those charged by Attendease to the applicable Organizer or any standard fees described on the Services to Organizers. Attendease does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a Transaction to understand all applicable fees, credit card surcharges, and currency conversion rates.
Because all Transactions are between an Organizer and its respective Attendees, Attendease asks that all Attendees contact the applicable Organizer of their event with any refund requests. Organizers agree to post and maintain a refund policy on each event page and that refund policy will govern. In the event that there is a dispute between an Organizer and an Attendee that cannot be resolved, either party may contact Attendease. Attendease may, in its discretion, attempt to mediate such dispute, however, Attendease will have no liability for (a) an Organizer’s failure to give refunds; (b) Attendease’s failure to mediate a dispute; or (c) Attendease’s decision if it does mediate the dispute.
Attendease is offering to persons who have Accounts access to the web and mobile Attendease Applications and Services. The provision of the Services is subject to these Terms, the Services subscription or other terms you accepted when purchasing the Services.
To be a registered user of the Services, whether as an Attendee or other non-Organizer, you must first complete the registration process to create your Account and select and register a unique user name and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Attendease if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or Attendease has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Attendease has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Website.
Attendease may act upon any communication that is given through your Account or by using your Credentials. Attendease is not required to verify the actual identity or authority of a person using your Account or Credentials, but Attendease may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Attendease is not satisfied with the verification. If Attendease, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Attendease may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
Your Credentials, Registration Data and any other information that you provide to us through this Website, as well as certain other information about you, is subject to Attendease’s Privacy Policy, GDPR Privacy Notice, and California Privacy Notice at https://attendease.com/privacy/. Your privacy is important to us. Attendease does not, and will not, sell your private information. For more information, please see our Privacy Policy at https://attendease.com/privacy/.
Attendease claims no intellectual property rights over the material you store through the Service.
Attendease authorizes you to view, download and print a single copy of materials and content provided on this Website for your personal, non-commercial use only and only in connection with your registering with Attendease or using the Services. You may not remove any trade-mark, copyright, or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of Attendease is strictly prohibited. Attendease reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and Attendease reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.
Attendease reserves the right in its sole discretion to edit or delete any documents, information, or other content appearing on the Site.
Subject to any Service Agreements you may have with Attendease, you acknowledge and agree that if you contribute, provide or make available any Content to the Services (“Your Content”), you hereby grant to Attendease a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and licence to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Attendease’s promotional and marketing services), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Attendease does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Use will restrict any rights that you may have to use and exploit Your Content outside of the Services. You represent and warrant that you have all the rights, power, and authority necessary to grant the foregoing licence, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate the Terms of Use, including without limitation these Terms of Use and the Privacy Policy. In addition, Your Content must be accurate and truthful. Attendease reserves the right to remove any of Your Content from the Services at any time if Attendease believes in its discretion that it violates the Terms of Use, including without limitation, these Terms of Use. In addition, you agree that Attendease may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Attendease both on the Services and in marketing, advertising and promotional materials.
In addition to complying with these Terms, you agree to use this Website, the Services and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.
You agree not to use the Services or this Website in any manner that: (i) infringes, violates, or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
You will defend, indemnify, and hold harmless Attendease, and their respective directors, officers, technology partners, employees, affiliates, and agents from all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations, and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Without limiting the generality of the foregoing, you shall indemnify and hold harmless Attendease against liabilities arising from the following: (i) the products or services provided by you in connection with Attendease; (ii) any actual or alleged defamatory or illegal material provided by you for placement on, or in connection with Attendease; and (iii) any material provided by you on, or in connection with Attendease, that actually or allegedly infringes on the intellectual property or personal rights of a third party. Each party agrees to (i) promptly notify the other party in writing of any indemnifiable claim and give the other party the opportunity to defend or negotiate a settlement of any such claim at the party’s sole expense, and (ii) cooperate fully with the other party in defending or settling such claim; Attendease reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification.
You understand and agree that:
Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an “as is”, “as available” basis. Neither Attendease, its parent, subsidiaries, affiliates nor any of their respective employees, agents, officers, directors, or third-party service providers (collectively, “Company Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services and Company Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
Company Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Company Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.
The access to and downloading of material from this Website is done at your own risk. Company makes reasonable efforts to ensure that this Website is virus-free, but Company does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses, or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs, or corrections necessary as a result of the use of this Website or the Services.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Attendease customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. The purpose of the Service is for backup of data in case of loss. Links to files stored by the Service may not be placed in the public domain. If you place a link to one of your files on a public website, your account will be terminated and you will be billed for any bandwidth used above and beyond the necessary bandwidth to transfer the files for storage.
The failure of Attendease to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and Attendease and govern your use of the Service, superceding any prior agreements between you and Attendease (including, but not limited to, any prior versions of the Terms of Use).
You expressly understand and agree that Attendease and/or Attendease Registrations shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of income, loss of business profits, business interruption, goodwill, use, data, property or other intangible losses (even if Attendease and/or Attendease Registrations has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to these terms, the use of this Website, or the Service. In no event will the cumulative liability of company parties arising out of or related to these terms exceed the amount paid by you in the one month immediately prior to any claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim, or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.
You acknowledge and agree that these Terms present a fair allocation of risk and liability and that this Section “Limitations of Liability” is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.
Attendease provides a marketplace in which Attendees and Organizers can transact. However, Attendease could not function if it were held responsible for the actions or inactions of different Attendees, Organizers, and/or third parties both on and off the Services. Therefore, for Attendease permitting you to access and use the Services, you hereby agree to release Attendease, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in a substance:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY 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 RELEASED PARTY.”
You agree that Attendease shall not be liable for damages of any kind arising from random acts of the universe or any other condition beyond its control.
These Terms, the Privacy Policy, and all other notices, policies, and statements contained on this Website (all as may be amended by Attendease from time to time with prior notice) constitute the entire agreement between Attendease and Company Parties, and you. These Terms cannot be modified except as described herein. Anything in this Website inconsistent with these Terms is superseded by these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
The relationship between Attendease and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees, or agents of the other as a result of these Terms or this Website.
These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the British Columbia, Canada, and the laws of Canada applicable in British Columbia, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of British Columbia.
To the extent permitted by applicable law, unless Attendease agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Services, this Website, these Terms or the Privacy Policy, will be determined by final and binding arbitration to the exclusion of the courts. Arbitration will be conducted in the province of British Columbia, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province of British Columbia on the date of the notice. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
This Agreement is subject to change with or without notice.
We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by Attendease. Please refer to the Contact section of this Website for phone, email addresses, and other ways to contact us.
I accept and agree to be bound by these Terms with respect to the Services being offered and have read and understood the Privacy Policy, found at https://attendease.com/privacy/.