Sign In

Terms and Conditions

ANDOEVENTZ, LLC Legal Terms and Conditions

Effective Date: February 4, 2023

 

Welcome to the ANDOEVENTZ LLC Web Site (the “Site”)! This Site is owned and operated by ANDOEVENTZ LLC, a Texas Limited Liability Company (the “Company”). Your access to and use of the Site is subject to the Terms and Conditions set forth in this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE.

BY USING THE SITE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT AND AGREED WITHOUT LIMITATION OR QUALIFICATION, TO BE LEGALLY BOUND BY THIS AGREEMENT.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

THE COMPANY MAY, FROM TIME TO TIME, MAKE CHANGES OR ADDITIONS TO THIS AGREEMENT, AND YOUR CONTINUED USE OF THE SITE AFTER THE COMPANY MAKES SUCH CHANGES OR ADDITIONS WILL SIGNIFY THAT YOU AGREE TO SUCH CHANGES OR ADDITIONS. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS.

Registration You agree, represent, and warrant that you shall at any and all times provide accurate information when registering as a User and when using the website and maintain and update all such information during your use of the website. You may update the information in your profile, change your password, manage notifications, visit the Help Center, view this Agreement, and change your settings within the Platform.

  1. Authorized Uses. The Company, authorizes you to use this Site and to display its content but solely for your own personal noncommercial use. Any other use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any material at the Site, use of the Site, or access to the Site.
  2. Proprietary Rights. Everything that appears on the Site is protected under the copyright laws of the United States and other countries and may not be used except as provided in these Terms and Conditions. The Company neither represents nor warrants that your use of materials displayed at the Site will not infringe rights of third parties.
  3. Inaccuracies at the Site. While the Company uses reasonable efforts to include accurate and up to date information at the Site, the Company makes no warranties or representations as to the Site’s accuracy. The Company disclaims any and all liability for the accuracy, completeness, correctness, or currentness of such information.
  4. Security at the Site. While the Company uses reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. The Company assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.
  5. Disclaimer of Warranties. Neither the Company nor any other party involved in creating, producing, or delivering the Site makes any representations about the suitability of the content of this Site for any purpose, nor that your use of the Site will be uninterrupted or error-free. EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
  6. Limitation of Liabilities. Neither the Company nor any other party involved in creating, producing, or delivering the Site assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from this Site. Your use of and browsing in the Site are at your risk. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE.. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
  7. Content Submitted or Made Available for Inclusion at the Site. Any unsolicited communication or material that you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Any unsolicited communication or material that you transmit or post may be used by the Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting. Furthermore, the Company will be free to use any ideas, concepts, know-how, or techniques contained in any unsolicited communication or material that you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
  8. Images of People or Places. Images of people or places displayed on the Site are either the property of, or used with permission by, the Company. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
  9. Trademark Information. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of the Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Company or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
  10. Links. The Company has not reviewed any sites that may be linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
  11. Conduct of Site Visitors. Although the Company may from time to time monitor or review postings, transmissions, and the like on the Site, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Company retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.
  12. Dealings With Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
  13. Notices. The Company may give notice to its users by means of a general notice on this Site, electronic mail to a user’s email address on its records, or by written communication sent by first class mail to a user’s address on its records.
  14. Notice and Procedure for Making Claims of Copyright Infringement. The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company’s Copyright Agent with the following information:

(i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification of claimed copyright infringement should be submitted to the following Designated Agent:

– Email Address of Designated Agent: [admin@andoeventz.com]

  1. International Use. None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify the Company against any and all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
  2. Monitoring, Copying, Altering or Interfering With the Site. You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web site without the prior expressed written permission of the Company or the appropriate third party.
  3. General Information. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in Harris County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

 

  1. Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on andoeventz.com will be truthful. In accessing and using andoeventz.com, you understand and agree that basic information concerning you, given to andoeventz.com, will be published on the web-site for others to view along with your User ID. Your name, address and e-mail address are kept confidential, except where provided above.
  2. User account, Password, Security and Electronic account services.

(a) DEFINITIONS. The following definitions govern the terms of this Paragraph and as used elsewhere in these Terms:

  • Bill Payment Cutoff Time means 10 m.10:00 p.m. Time on any Business Day and is the time by which you must transmit Payment Instructions for such Payment Instructions to be considered effective for that particular Business Day.
  • Business Day means every day except Saturdays and Sundays and federal holidays.
  • Payment Account means your personal or business checking, savings, or money market account from which ANDOEVENTZ bill payments for your Accounts may be made by you. ANDOEVENTZ recommends that you confirm with your banking institution any fees that you may be changed for bill payments from your Payment Account before designating a banking account as a Payment Account (that is, your money market account may permit a limited number of transfers before fees are imposed).
  • Payee means ANDOEVENTZ or its subsidiary to which you direct a payment.
  • Payment Instructions means the information provided by you for a bill payment to be made to Payee (i.e., banking account number, ABA number, payment date, payment amount, and any additional information).
  • Payment Due Date means the Business Day of your choice and as designated by you upon which your payment will be received by Payee and your Payment Account will be debited. Note: Your Payment Due Date may be no later than the “Due Date” set by ANDOEVENTZ for your most current bill.
  • Pending Bill Payment means a pending bill payment authorized by you through the Online Service that has not been debited to your Payment Account.

(b) ONLINE ACCOUNT ACCESS. For certain types of features available through the Website, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and your use of a user identification name (“User ID”) and password after setting up a user account (“User Account”). The Online Service is available by clicking on the Online Account Access login at www. ANDOEVENTZ.com. For self-enrollment, you must provide Account-specific information to authenticate yourself (e.g., Account owner name and address, Account number and meter number). You may also enroll by calling 1-800-300-5504. You will be asked Account-specific information to authenticate yourself. In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or User ID without permission. When your Online Service is linked to one or more Accounts, ANDOEVENTZ may act on the oral, written, or electronic instructions of any authorized signer regarding your service for those Accounts. It is your responsibility to notify ANDOEVENTZ if an Authorized User should no longer be given access to an Account through the Online Service.

(c) USER ACCOUNT AND PASSWORD. You are ultimately responsible for protecting your User ID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your User ID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify ANDOEVENTZ of any unauthorized use of your User ID, password and/or User Account, or any other breach of security by calling by calling 1-800-300-5504, byemail atAdmin@ANDOEVENTZ.com, or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and User ID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

(d) RELIANCE BY ANDOEVENTZ. You authorize ANDOEVENTZ to rely on your User ID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your User ID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that ANDOEVENTZ may comply with the Payment Instructions entered by any person using your User ID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms.

(e) SECURITY. ANDOEVENTZ is committed to protecting the security and confidentiality of information about you and your Account and User Account. ANDOEVENTZ uses, and may in the future use, several different security methods to protect your Account and User Account information, including:

  • You can only access the Online Service with certain browsers that have high security standards.
  • If the Online Service does not recognize your computer, you will be prompted to answer one of your challenge questions to verify your identity.
  • The Online Service will automatically log off if prolonged periods of inactivity occur.
  • Your session will terminate if you navigate away from the Online Service to another website.

(f) ELECTRONIC COMMUNICATION.

(i) Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that ANDOEVENTZ maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by ANDOEVENTZ for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Accounts with ANDOEVENTZ. ANDOEVENTZ will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from ANDOEVENTZ, do not respond to the email and notify ANDOEVENTZ by calling 1- 800-500-5504 or forwarding the email to admin@andoeventz.com.

(ii) Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that ANDOEVENTZ may respond to any communication you send to ANDOEVENTZ with an electronic communication, regardless of whether your original communication with ANDOEVENTZ was an electronic communication. Any electronic communication ANDOEVENTZ sends to you will be considered received within 3  calendar days of the date such communication is sent by computer servers utilized by ANDOEVENTZ to the email address you designate in your account profile or posted to ANDOEVENTZ’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to ANDOEVENTZ will not be effective until ANDOEVENTZ has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with ANDOEVENTZ immediately and, in no event, should your sole method of communication with ANDOEVENTZ regarding any emergency be by electronic communication. ANDOEVENTZ stronglysuggests that you report all matters requiring immediate attention to ANDOEVENTZ bycalling 1- 800-300-5504. ANDOEVENTZ may require you to provide written confirmation of any verbal or electronic notice of alleged error by ANDOEVENTZ.

(g) PAYMENTS. You authorize ANDOEVENTZ to debit your Payment Account and remit funds on your behalf to the Payee. When ANDOEVENTZ receives a Payment Instruction, you have authorized ANDOEVENTZ to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date as designated by you. You also authorize ANDOEVENTZ to credit your Payment Account for payments returned to you ANDOEVENTZ.

(h) CANCELING/MODIFYING PENDING BILL PAYMENTS. The delete/edit function applies to payments initiatedthrough the Online Service that are pending. There is no charge for canceling or modifying a Pending Bill Payment. In most circumstances, you may stop a Pending Bill Payment 3 business days before the Payment Due Date. Other than as described above, you may not stop or edit a bill payment.

(i) DISCLOSURE OF ACCOUNT INFORMATION. ANDOEVENTZ will not disclose any information to third parties about you, including email addresses, or your Account, except in the situations described below or as otherwise set forth in ANDOEVENTZ’s Privacy Policy located at www.ANDOEVENTZ.com/privacy. We will disclose such information:

  • where disclosure is necessary for completing payments, or to resolve a problem related to a payment;
  • to verify the condition and existence of your Account for a third party, such as a credit bureau or merchant;
  • to persons authorized by law in the course of their official duties;
  • to a consumer reporting agency as defined by Applicable Law;
  • to comply with a government agency or court order, such as a lawful subpoena;
  • to ANDOEVENTZ employees, auditors, service providers, attorneys or collection agents in the course of their duties; or
  • if you give ANDOEVENTZ written permission (including by email).

(j) INSUFFICIENT FUNDS TO COMPLETE BILL PAYMENT. You must have sufficient available funds in your Payment Account on the Payment Due Date. If your Payment Account has insufficient funds, the Bill Payment will not be completed. Should a Bill Payment fail because of insufficient funds in your Payment Account, an amount equal to ANDOEVENTZ’s Returned Payment Fee then in effect will be applied to your Account.

(k) ANDOEVENTZ’S LIABILITY FOR FAILURE TO COMPLETE BILL PAYMENTS. If ANDOEVENTZ debits your Payment Account incorrectly, ANDOEVENTZ will be responsible for returning the improperly debited funds to your Payment Account. If ANDOEVENTZ does not complete a Bill Payment from your Payment Account on time or in the correct amount in accordance with your Payment Instructions, ANDOEVENTZ will be liable for the actual charges incurred by you. However, ANDOEVENTZ will not be liable in the following situations:

  • You did not properly follow the provisions of these Terms, the online instructions for the Online Service, or other instructions for making a payment;
  • Through no fault of ANDOEVENTZ, you have insufficient funds in your Payment Account to make a payment;
  • Your computer, the software, phone lines, ANDOEVENTZ’s computer system or the Online Service were not working properly or were temporarily unavailable, and this problem was or reasonably should have been apparent to you when you attempted the payment or you were advised by the Online Service of the malfunction before you executed the payment;
  • Circumstances beyond our control prevented the payment, despite reasonable precautions that we have taken, including telecommunications outages, fires, floods, or other natural disasters;
  • ANDOEVENTZ has reasonable basis to believe that unauthorized use of your User ID, Password, or User Account or Account has occurred or may be occurring;
  • ANDOEVENTZ or you has terminated your Online Service or closed your Account to which the User ID was linked;
  • You have supplied your login information to another party; or
  • For any other reason specified in these Terms or any other agreement ANDOEVENTZ has with you.

(l) ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) 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 incomplete, or ANDOEVENTZ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ANDOEVENTZ has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

(m) TERMINATION OF ACCOUNT. ANDOEVENTZ reserves the right to terminate your use of the Online Service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by calling ANDOEVENTZ at 1-800-300-5504 or by writing to ANDOEVENTZ at the address provided at the end of these Terms. Any termination of your use of the Online Service, whether initiated by you or by ANDOEVENTZ, will not affect any of your or company’s rights and obligations under these Terms that have arisen before the effective date of such termination.

(n) RELATED AGREEMENTS. Your Account linked to the Online Service will also be governed by the agreements, disclosures, ANDOEVENTZ’s service tariff in your area, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.

(o) ERRORS OR QUESTIONS ABOUT BILL PAYMENTS. In case of errors or questions about Bill Payments, you should notify ANDOEVENTZ at once by calling 1- 800-300-5504, by email at admin@andoeventz.com, or through the online message center (if applicable).

 

  1. Disclaimers of Warranties. The services are provided for entertainment, educational, and promotional purposes only. ANDOEVENTZ and its parents, subsidiaries or other affiliates, or any of our or their directors, officers, stockholders, employees, consultants, partners, agents, other of our representatives, or content or service providers (the “limited parties”), are not themselves providers of health care or telehealth services, and the services are not intended to, and do not constitute counseling or therapy or health, medical, or legal advice. You agree that use of the services is at your own risk. While we enable users to communicate with one another, we are not responsible for monitoring such information and communications, and we are not a party to transactions or interactions that may occur between users, whether online or offline. Additionally, we cannot and do not represent or warrant that any vendor is licensed, qualified, insured or capable of performing any product or service, and we make no representations or warranties about the expertise, professional qualifications, or quality of work of any vendor, or the suitability, reliability or accuracy of the products and services they provide. We provide the services, including, without limitation, any content provided, displayed, or generated through the services, or any products or services ordered or provided via the services, on an “as is” and “as available” basis, without warranty of any kind whether express or implied (including warranties of merchantability, fitness for any particular purpose, and non-infringement). this means that we make no promises that:
  • the services will be available at any particular time,
  • the services will meet any particular requirements or provide any particular results,
  • the information on the services will be accurate or up to date,
  • the services or the information transmitted to or from them or stored on them will be secure from unauthorized access,
  • information and content that you store in your account or on the services will remain retrievable and uncorrupted, or
  • the services will be uninterrupted or error-free or will be free of viruses or other harmful components, or that defects will be corrected.

Although we try to ensure that the information posted on the services is accurate and up-to-date, we reserve the right to change or make corrections to any of the information (including pricing) at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available on the services, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the services. no advice, results or information, whether oral or written, obtained by you from us or through the services shall create any warranty not expressly made herein. While we make every effort to guarantee availability, price, and quality of items sold by us through the services, unforeseen circumstances may warrant modifications at any time, and products and services may vary slightly in color and size.

Some jurisdictions have laws that may apply to the services and that do not allow certain provisions such as limitations of liability and exclusion of certain warranties, among others. To the extent that a limitation, exclusion, restriction or other provision set out herein is specifically prohibited by applicable law, such limitation, exclusion, restriction or provision may not apply to you.

  1. Limited Liability. IN NO EVENT SHALL WE OR ANY OF OUR LIMITED PARTIES (AS DEFINED ABOVE), BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF OR INABILITY TO USE THE SERVICES, FOR USE OF COUPONS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SERVICES, WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. OUR LIABILITY, AND THAT OF THE LIMITED PARTIES (AS DEFINED ABOVE), TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

You are solely responsible for your interactions with other Users, and we are not a party to any such disputes. We reserve the right, but do not have any obligation, to monitor disputes between you and other Users. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the Services by Users are not provided by us and are specifically and solely between the Users. We have no liability for your interactions with other Users, or for any User’s action or inaction.

You agree to release the Limited Parties 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 you and any third parties or in any way related to goods, services, or events involving third parties.

FOR THOSE JURISDICTIONS THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL, RECKLESS MISCONDUCT, OR GROSS NEGLIGENCE OF THE COMPANY.

  1. Indemnity. You agree to indemnify, defend, and hold us and the Limited Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Services, including but not limited to (i) your advertising, provision of or failure to pay for goods or services promoted on the Services; (ii) claims that any of your Submitted Content includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party or (iii) your breach of these Terms, or applicable law, by your or by someone accessing the Services via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. These indemnification, defense, and hold harmless obligations will survive these Terms and the termination of your use of the Services.

 

2022©AndoEventz.com