Terms of Service
Last updated: June 15, 2020
Thank you for using EventButiq! These Terms of Service (“Terms”) govern your use of the EventButiq services, including EventButiq’s website www.eventbutiq.com , EventButiq’s applications and tools, and any other websites (or portions thereof) or applications that are operated by EventButiq (collectively, the “Services”), and are entered into by you and EventButiq Inc., a Delaware corporation (“EventButiq”).The terms ”you” or “your” refer to the users of the Services and the terms “we”, “us” or “our” refer to EventButiq.
SECTION 10 (“DISPUTES & ARBITRATION”) OF THESE TERMS PROVIDE THAT ANY CLAIMS THAT YOU AND EVENTBUTIQ HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST EVENTBUTIQ ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 10 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
The Services primarily comprise a platform that presents you with a set of one or more event rental warehouse or individual renter (“Butiq”) virtual storefronts from which you can select products for rental and, either get it delivered by the Butiq to your location or, if available, do a “will call” for you to pick up in-store. Delivery services may be performed by third parties including the Butiq or third party logistics providers (collectively, “Third Party Providers”).
You must be at least 18 years of age to use the Services. By using the Services including the EventButiq website, (i) you warrant and represent to us that you are at least 18 years of age,(ii) you agree to be bound by these Terms and (iii) you acknowledge and agree to the collection, use and disclosure of your personal information in accordance with EventButiq’s Privacy Policy[http://eventbutiq.com/vendors/privacy-policy]. Further, when you use the Services to place an order for any items or products (“”Products”), you agree to rent said Products in accordance with the terms and conditions set forth in the Rental Agreement[http://eventbutiq.com/vendors/rental-agreement], and authorize delivery of those products to you from the Butiq(s) you select, for the duration of the rental period.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate written agreement between you and EventButiq, EventButiq does not form any employment or agency relationship with you and does not hold title to any Products that you order through the Services.
1.Your use of the Services: EventButiq grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and EventButiq’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have EventButiq’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that EventButiq provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.
Some parts of the Services may allow you to upload or submit content such as text, images, video, lists, links, your venue location and address, your role in the event, and other materials (“User Content”). You retain all rights in any User Content that you upload or submit, and are solely responsible for such User Content. You grant EventButiq a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such User Content for the purposes of operating, providing, and improving the Services. EventButiq may, in its sole discretion, remove or take down any User Content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, EventButiq will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
If you are using EventButiq on behalf of a client, business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that client, business or entity.
In order to use the Services or certain parts thereof, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure.
You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including EventButiq and Butiq personnel and individuals who support EventButiq’s Help Center. EventButiq reserves the right to decline orders, refuse partial or full delivery, refuse partial or full refunds, terminate accounts, and/or cancel orders at any time in its sole discretion.
We’re constantly modifying and improving the Services. EventButiq may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide EventButiq with any feedback on or comments regarding the Services, you grant EventButiq the right to use such feedback or comments for any purpose without restriction or payment to you.
If you have any requests for order cancellations, modifications, refunds, or returns, please visit your account to initiate such requests or review our FAQ and Policies page for our policies regarding the same. Any such requests will be processed in accordance with these Terms and the Rental Agreement.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions offers, photographs and availability. EventButiq reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged). Please note that prices of products on the Services may be different than prices offered for the same products in-store by the same Butiq.Third party or in-store Butiq offers and discounts are not accepted by the EventButiq platform.
When you rent Products through use of the Services, you acknowledge that transportation or logistics services are provided by the Butiq or Third Party Providers, who are independent contractors not employed by EventButiq. Unless otherwise specified, you acknowledge and agree that EventButiq and the delivery service are acting as your agents in the picking, packing, and/or delivery of goods rented by you and are not the owner of the goods. You agree that your rental is being made from the Butiq you have selected, that Butiq is the merchant of record, and that title to any goods remains with the Butiq when they are rented at the applicable Butiq’s store. The goods are merely rented out to you for the rental period mentioned during the checkout and any subsequent changes made to the rental period.
2.EventButiq Communication: By creating an EventButiq user account, you agree to accept and receive communications from EventButiq or delivery personnel or the Butiq you placed an order with , including via email, text message, calls, and push notifications to the cellular telephone number you provided to EventButiq. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of EventButiq, its affiliated companies and/or Butiqs, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings. You may also opt-out of receiving text messages from EventButiq by replying “STOP” from the mobile device receiving the messages. You acknowledge that opting out of receiving communications may impact your use of the Services.
3.ButiqPro: ButiqPro is an EventButiq membership that offers a 10% discount on all inventory and a discounted service fee on orders placed through the Services. This is offered for a monthly or yearly subscription fee. Inventory discount is provided on the pre-tax listed rental price of the item and any service fees, special handling fees, and/or taxes may still apply on the discounted ButiqPro price. ButiqPro orders and deliveries do not receive a priority over other non-ButiqPro customers. Deliveries made are subject to availability and does not guarantee a requested day or time slot for delivery. Third party or in-store Butiq offers and discounts are not accepted by the EventButiq platform.
BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR BUTIQPRO MEMBERSHIP WILL AUTOMATICALLY RENEW, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL WITH AN ACTIVE CREDIT CARD ON FILE IN YOUR ACCOUNT. If you do not want your membership to automatically renew or if you would like to change which credit card is charged, you can change this default in Your Account Settings under the ButiqPro section.
You can cancel your ButiqPro membership at any time in Your Account Settings under the ButiqPro section. You may cancel within the first 15 calendar days of your paid ButiqPro membership and receive a refund of the ButiqPro membership fee you paid, but only if you have not placed any orders using your ButiqPro membership. If you cancel at any other time, you will not receive a refund, but you can continue to enjoy the ButiqPro membership benefits through the end of your billing period.
From time to time, EventButiq offers some customers trial or other promotional memberships to ButiqPro. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer and are for new customers or certain members only. Only one trial or promotional membership is available per household or business. EventButiq will charge you the applicable fee after your free trial period has expired to the credit card on file with EventButiq. If you cancel ButiqPro membership before the trial period has expired, EventButiq will not charge you. EventButiq may change the monthly or annual fee charged for ButiqPro at any time, but any such fee change will not apply to current ButiqPro members until such time as your current membership expires and your membership is renewed for another term.
We may change other terms or conditions applicable to ButiqPro from time to time. Any new or renewed ButiqPro memberships will be subject to the terms of service active at that time and displayed when you sign up for ButiqPro membership. EventButiq may also make such changes with respect to current ButiqPro memberships. In that case, EventButiq will provide you with notice by email of the changes and when those changes will take effect. If you disagree with the changes to your current ButiqPro membership terms of service, you may cancel your ButiqPro membership.
Your ButiqPro membership cannot be transferred or assigned. EventButiq reserves the right to accept, refuse, or cancel your ButiqPro membership at any time in its sole discretion.
4.Pricing and Payment Terms: Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place. Payments made to EventButiq may consist of any subscription fees for ButiqPro, cost of rental of Products you rented from a Butiq through use of the Services plus any applicable fees (including EventButiq service fees), taxes and/or optional damage protection plan, and any separate EventButiq fees, and your card will be charged for the said amounts as outlined in these Terms or the Rental agreement.
5.Third Party Products and Content: You agree that EventButiq does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that EventButiq will have no liability based on such purchase, use, or access.
Further, whether or not we are affiliated with websites or third-party vendors that may be linked to the Services and particularly the EventButiq website (the "Linked Sites"), we are not responsible for their content The Linked Sites are for your convenience only and you access them at your own risk. We [and other users] may provide links and references to material on other websites not owned or operated by us. Links found through use of the Services (including the EventButiq website) are not an endorsement from EventButiq and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
6.Ownership of Services and Content; Intellectual Property Rights:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”) contained in the Services (including the EventButiq site), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, but excluding any User Content, is owned, controlled or licensed by or to EventButiq, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Services, website or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without EventButiq’s express prior written consent.
EventButiq respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital
Millennium Copyright Act and other relevant laws . You agree not to use the Services in any manner which may infringe copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in violation of these Terms. EventButiq will respond to valid notices of copyright infringement and reserves the right to terminate any users, at EventButiq’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to EventButiq’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which EventButiq may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
EventButiq
ATTN: Copyright Agent
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to EventButiq's designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).
7.Services Provided As-Is; Disclaimer of Warranties and Release of Claims: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVENTBUTIQ DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVENTBUTIQ MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THE BUTIQS, OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES FROM BUTIQS; OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVENTBUTIQ DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF BUTIQS, THIRD PARTY PROVIDERS, OR DELIVERY SERVICE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY BUTIQS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER EVENTBUTIQ NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY DELIVERY STAFF OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY BUTIQ OR THIRD PARTY PROVIDER. NEITHER EVENTBUTIQ NOR ITS AFFILIATES, BUTIQ PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY DELIVERY STAFF, BUTIQ STAFF OR THIRD PARTY PROVIDERS.
IF YOU HAVE A DISPUTE WITH ONE OR MORE DELIVERY STAFF, BUTIQS OR THIRD PARTY PROVIDERS, YOU AGREE TO RELEASE EVENTBUTIQ (INCLUDING EVENTBUTIQ’S AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES.
FURTHERMORE, YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542 (OR ANALOGOUS LAWS OF OTHER JURISDICTIONS), WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER MUST, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
8.Limitation of Liability: THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL EVENTBUTIQ (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF EVENTBUTIQ, ANY OR THEIR RESPECTIVE AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL EVENTBUTIQ (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY BUTIQS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF EVENTBUTIQ, ANY BUTIQ OR THEIR RESPECTIVE AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM LIABILITY, IN AGGREGATE, OF EVENTBUTIQ, ITS AFFILIATES, RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY BUTIQS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS EARNED BY EVENTBUTIQ FOR THE SPECIFIC ORDER AT ISSUE FROM WHICH THE CLAIM ARISES.
9.Indemnification: You agree to defend, indemnify and hold harmless EventButiq, its shareholders and affiliates and their respective officers, directors, employees and agents, (and each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms or the Privacy Policy (including any modifications thereof) or any additional terms, policies and agreements that you agreed to at the time of order placement through the website or subsequently, including without limitation any actual or alleged violation of any law, rule or regulation.
10.Disputes & Arbitration: If you have a dispute with EventButiq arising out of your use of the Services, this Section 10 applies. You agree to contact EventButiq first and attempt to work out any such dispute amicably.
For residents of the United States, you agree to the following mandatory arbitration provisions:
Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and EventButiq agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or small claims court.
Class Action Waiver: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EVENTBUTIQ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
OPT-OUT OF MANDATORY ARBITRATION: YOU CAN DECLINE THIS MANDATORY ARBITRATION PROVISION WITHIN 30 DAYS OF ACCEPTING THESE TERMS BY EMAILING EVENTBUTIQ AT SUPPORT@EVENTBUTIQ.COM WITH YOUR FIRST AND LAST NAME AND STATING YOUR INTENT TO OPT-OUT OF THE ARBITRATION PROVISION. NOTE THAT OPTING OUT OF THIS ARBITRATION PROVISION DOES NOT AFFECT ANY OTHER PART OF THESE TERMS, INCLUDING THE PROVISIONS REGARDING CONTROLLING LAW OR IN WHICH COURTS ANY DISPUTES MUST BE BROUGHT.
Arbitration Procedures and Location: The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules.
The arbitration will be held in the Alameda County, San Francisco , California, or any other location you and EventButiq mutually agree upon in writing.
Arbitration Fees: The JAMS rules will govern payment of all arbitration fees and each party will be responsible for their own fees under those rules.
11.Termination: You can stop using the Services at any time and without notice to us. Similarly, EventButiq may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice. In the event of Termination, Section 1 and Sections 4-12 survive and continue to apply to you.
12.Controlling Law: To the extent permitted by applicable law, these Terms will be governed by the laws of the State of California for residents of the United States, without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 12 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of San Francisco County, California, USA, for the residents of the United States, and you and EventButiq consent to the personal jurisdiction of those courts.
13.Assignment: You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. EventButiq may assign its rights, licenses, and obligations under these Terms without limitation.
14.Changes to the Terms: We may make changes to these Terms from time to time. When EventButiq does so, EventButiq will post the most current version of the Terms on EventButiq’s website and, if a revision to the Terms is material, EventButiq will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
15.Entire Agreement & Severability: These Terms, subject to any amendments, modifications, or additional agreements you enter into with EventButiq, shall constitute the entire agreement between you and EventButiq with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
16.No Waiver: EventButiq’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
17.Contact Information
If you have any questions, or comments about these Terms please contact EventButiq at:
EventButiq
support@eventbutiq.com
For customer service inquiries, please review Your Account Settings, visit EventButiq’s FAQ and Policies page.