EFFECTIVE DATE: April 1, 2017
THE AGREEMENT: THE USE OF THIS WEBSITE AND SERVICES PROVIDED BY REGISTERTOATTEND (HEREINAFTER REFERRED TO AS “COMPANY”) ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS “AGREEMENT”). THIS AGREEMENT SHALL APPLY TO THE USE OF ALL PAGES OF THIS WEBSITE (HEREINAFTER REFERRED TO AS “WEBSITE”) AND ALL SERVICES PROVIDED BY THIS WEBSITE (HEREINAFTER REFERRED TO AS “SERVICES”).
BY CHECKING "I AGREE", YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND THAT YOU ACCEPT AND AGREE TO THIS AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE TO THIS AGREEMENT, DO NOT CONTINUE, OR USE REGISTERTOATTEND.
The parties and elements referred to in this Agreement shall be defined as follows:
1.1. You, User, Client – You, the User or Client will be referred to throughout this Agreement will is any individual, business entity, organization, or group that uses this Website or its Services
RegisterToAttend to set-up an Event Website to announce and/or accept online registration for an event or fundraiser.
1.2. Event Website – An Event Website is an online event announcement and registration website that allows a user to announce an event or fundraiser and accept online registration or donations. Event Websites may be used to announce and accept online registration for free or paid events.
Event Websites are temporary in nature and are only allowed for events or fundraisers that will occur on a specified day or days or within a designated period of time. Event Websites that are set-up for events or fundraisers that are scheduled to take place six months or more beyond the date of set-up may require additional information to be provided prior to approval. In such instances, RegsiterToAttend.com will contact the user at the number or e-mail address provided during set-up.
1.3. Registrant – A registrant is any person that registers for, or is registered by another authorized individual, for any event that is hosted by RegisterToAttend. Registrants may use RegisterToAttend to register online for free or paid events.
1.4. Service – The service is the RegisterToAttend website and all of its pages, databases, and features, and all Event Websites that are provided to users and registrants for the purpose of online event announcements and online registration.
2. OBLIGATIONS AND REPRESENTATIONS
2.1. Information. User shall at all times provide accurate and non-misleading information regarding events and fundraisers, including, but not limited to, locations, dates and times, hosts and/or organizers, products and/or services offered, speakers, entertainment, and other details necessary to accurately inform prospective and actual registrants or donors regarding the events or fundraisers for which their registration and/or payment is sought.
If any information provided to RegisterToAttend or registrants changes or becomes inaccurate or misleading, the user shall promptly update their user information, the Event Website, and inform registrants.
Inaccurate or misleading information may be cause for suspension of the Event Website or cancellation of the user account.
2.2. Use. User is responsible, at the user’s expense, for all equipment and software required to access and use the service, including, but not limited to, computer, Internet access, and any programs required to create and/or edit images or documents uploaded to RegisterToAttend.
2.3. Compliance. User shall use the service in compliance with all applicable laws, and in accordance with this agreement and any applicable standards. User shall promptly notify RegisterToAttend if user becomes aware of a breach of this agreement.
2.4. Restrictions. User shall:
(a) Not use the service to send unsolicited bulk e-mail; distribute any programs, software, files, or computer code that may damage any computer or that is downloaded without the recipient’s consent; or breach the confidence of a third party.
(b) Not use RegisterToAttend for the purpose of obtaining information regarding its functionality in order to reverse-engineer, create, or modify a similar service;
(c) Not impersonate or misrepresent user’s affiliation with RegisterToAttend in a manner that could reasonably result in a civil or criminal action being taken against the user or RegisterToAttend.
2.5. Representations. User represents to RegisterToAttend that:
(a) User is authorized and has the right to use the service in connection with announcing and accepting online registration for a real event or fundraiser to be held on a specified day or days or within a designated period of time, and at the location announced on the Event Website,
(b) If the user is an organization, partnership, corporation, or other business entity, the individual accepting this agreement is expressly authorized by the user to enter into this agreement on behalf of the user, and
(c) User has read, understands, and agrees to this agreement.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. Ownership. RegisterToAttend retains sole ownership of the website, all of its pages, databases, and features. All images offered by RegisterToAttend for use on Event Websites are subject to licensing agreements between RegisterToAttend and its authorized stock photo providers. Use of stock images on the user’s Event Websites does not entitle the user to any rights or privileges in connection with the images beyond the purposes stipulated in this agreement.
3.2. Users shall not violate any business or individual’s intellectual property rights, trademarks, licenses or copyrights through the unauthorized use of images, logos, or photographs uploaded to their Event Website.
3.3. Reputation. User shall not use the service in any way that may damage or adversely impact RegisterToAttend’s reputation, including using the service to promote any event, website, or service that could be considered to be associated with criminal activity, defamation, or copyright infringement.
3.4. Trademarks. User hereby grants RegisterToAttend a non-exclusive, non-transferable, royalty-free license to use user’s trademarks to indicate that user is a customer of RegisterToAttend’s services.
4.1. Payment. By accepting this agreement, user agrees to the Fee Schedule for services provided as stipulated on the RegisterToAttend Fees page.
4.2. Cancellation of Service. If user decides to discontinue use of the service for any reason, all conditions stipulated in this agreement remain in full force.
User expressly consents to inclusion on RegisterToAttend’s mailing list. User may opt-out of having information used for purposes not directly related to RegisterToAttend’s services by emailing a clear notice privacy@RegisterToAttend.
6. TERM AND TERMINATION
6.1. Term. This agreement is effective upon user’s acceptance and lasts as long as the user uses the service in connection with any event, fundraiser, or communication with actual or prospective registrants or donors.
7. DISCLAIMERS AND LIMITATIONS ON LIABILITY
7.1. Warranty Disclaimers. ALL REGISTERTOATTEND SERVICES ARE PROVIDED AS IS AND "AS AVAILABLE”. REGISTERTOATTEND DOES NOT WARRANT THAT ITS SERVICES WILL MEET USER’S EXPECTATIONS OR THAT ACCESS TO SERVICES WILL ALWAYS BE TIMELY OR ERROR-FREE.
7.2. Limitation on Liability. THE CUMULATIVE LIABILITY OF REGISTERTOATTEND AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, CONTRACTORS, AND AGENTS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID BY USER TO REGISTERTOATTEND DURING THE 12 MONTHS IMMEDIATELY PRIOR TO WHEN THE LIABILITY OCCURRED. USER WAIVES ALL CLAIMS FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO THIS AGREEMENT, INCLUDING ALL DAMAGES FOR LOST PROFITS, REVENUE, USE, OR DATA. THIS WAIVER APPLIES EVEN IF REGISTERTOATTEND IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
7.3. Force Majeure and Internet Frailties. Neither party is liable for any failure or delay in performing its obligations under this agreement to the extent that the circumstances causing such failure or delay are beyond a party’s reasonably control. User acknowledges that the RegiterToAttend.com, as an Internet-based service, is subject to the operation and telecommunication infrastructures of the Internet and the operation of user’s Internet connection services, all of which are beyond RegisterToAttend’s control.
8.1. Obligation. User shall indemnify RegisterToAttend and its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns (each an "Indemnified Party") against all liabilities, claims, damages, costs, and expenses, including reasonable attorney`s fees, related to:
(a) User’s breach of this agreement,
(b) User’s website, products, or services,
(c) User’s infringement on the rights of a third party,
9.1. Requirement. The parties shall settle any dispute or claim related to this agreement and the RegisterToAttend’s website using binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association (AAA). The parties shall hold all arbitration proceedings in Los Angeles, California. The parties shall settle all such disputes and claims settled in this manner in lieu of any action at law or equity; except that nothing in this subsection precludes a party from bringing an action for injunctive relief or other equitable relief.
9.2. Proceeding. The parties shall use a single arbitrator appointed by the AAA to arbitrate a dispute or claim. The arbiter must exhibit a reasonable familiarity with the issues. The award of the arbitrator is binding and final upon all parties. Either party may have a court with proper jurisdiction enter the award. This agreement remains in full force and effect while the outcome of the arbitration proceeding is pending. The arbitrator shall be follow applicable law in conducting the arbitration.
9.3. Costs. A party shall pay any costs, including reasonably attorney fees, to which the arbitrator determines that the prevailing party is entitled. Each party shall pay its own costs associated with the arbitration if such costs are not awarded by the arbitrator. The arbitrator may not award punitive damages or speculative damages to either party and does not have the power to amend this agreement.
10.1. Independent Contractors. RegisterToAttend and user are independent contractors and not agents or employees of each other. Neither party has the power to bind or obligate the other. Each party is responsible for its own expenses and employees.
10.2. Entire Agreement. This agreement, along with all documents referred to herein, constitutes the entire agreement between the parties.
10.4. Governing Law and Jurisdiction. The laws of the state of California govern the interpretation, construction, and enforcement of this agreement and all matters related to it, including tort claims, without regards to any conflicts-of-laws principles. The parties hereby submit to the exclusive jurisdiction of and venue in the state and federal courts located in the State of California.
10.5. Severability. The invalidity or unenforceability of a provision under this agreement, as determined by a court or administrative body of competent jurisdiction, does not affect the validity or enforceability of the remainder of this agreement. The parties shall substitute any invalid or unenforceable provision with a valid or enforceable provision that achieves the same economic, legal, and commercial objectives as the invalid or unenforceable provision.
10.6. Interpretation. The definitive version of this agreement is written in English. If this agreement is translated into another language and there is a conflict between the English version and the translated version, the English language version controls. Section headings are for reference and convenience only and are not part of the interpretation of this agreement.
ACCEPTANCE BY CHECKING “I AGREE”, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU AGREE TO COMPLY WITH ITS TERMS. DO NOT CHECK “I AGREE” IF YOU DO NOT ACCEPT THIS AGREEMENT.