Note: The Event Management Agreement applies to customers who use our registration and event management services. When you sign up to use our services, you'll be prompted to accept this agreement.
This Event Management Agreement (the "Agreement") is between you and SimplyRegister, Inc. ("SimplyRegister"), and governs your access to and use of our event management services (the "Services"), provided through our website located at www.simplyregister.net (the "Site"). This Agreement shall take effect after you accept the terms and conditions of this Agreement by clicking the "I Agree" button below (the "Effective Date").
CHILDREN UNDER THE AGE OF THIRTEEN (13) ARE NOT ALLOWED TO USE OUR SERVICES. IF YOU ARE UNDER THE AGE OF THIRTEEN (13), DO NOT CLICK "I AGREE" BELOW.
2. SERVICES: Our Services are designed to provide simple event registration for your participatory event ("Event"). Throughout the steps to set up your Event, you will be presented with a variety of options regarding how your Event is managed. Your use of the Services is at all times governed by this Agreement. The Services shall only be used for management of your Event as expressly authorized herein.
3. RESTRICTIONS: Unauthorized use of the Services and Site is not permitted. By way of explanation and not limitation, you may not: (a) sublicense, assign, transfer, distribute or rent your access to the Services to any third party; (b) use, copy or modify the Services, in whole or in part, except as expressly permitted in this Agreement; or (c) take any action designed to unlock or bypass any restrictions on the Services.
4. LICENSE; OWNERSHIP OF SERVICES: Upon the Effective Date, and for so long as SimplyRegister provides you with the Services (unless earlier terminated pursuant to this Agreement) (the "Term"), SimplyRegister grants to you a temporary, non-exclusive, non-transferable, non-assignable and non-sublicensable license to access those features of the Services chosen by you during the set-up process. Once the Term expires or the Agreement is otherwise terminated, this Agreement and the license granted hereunder will automatically terminate and you will no longer have access to the Services, unless you enter into a new agreement granting you access to the Services. You hereby acknowledge and agree that SimplyRegister is the exclusive owner of the Services, and that title to the Services and all related intellectual property rights shall at all times remain with SimplyRegister.
5. ACCESS CREDENTIALS: The license granted by this Agreement is for your benefit only, and unique access credentials, including a password, will be assigned to you by SimplyRegister. Only you may use your assigned access credentials, and you are entirely responsible for maintaining the confidentiality of your access credentials and for any and all activities that occur under your access credentials. You agree to notify SimplyRegister immediately of any unauthorized use of your access credentials or any other breach of security.
6. EVENT: You represent and warrant that the Event is a bona fide, legitimate participatory event. You acknowledge that you are solely responsible for complying with all rules and regulations applicable to you and your Event, and any products and services sold by you in connection with your Event or otherwise. You are solely responsible for promoting your Event, managing all registrant data for your Event, and filling any orders for purchases made by registrants. You are solely responsible for handling all registrant inquiries regarding your Event and related products and services, including, without limitation, managing issues arising from chargebacks and returned items. You acknowledge that your use of the Services does not constitute an endorsement by SimplyRegister of you, your Event or any products or services sold by you. You shall indemnify, defend and hold harmless SimplyRegister against any claim or cause of action that is based on injury or death or damage to property resulting from or related to your Event and any related product or service.
7. EVENT INFORMATION: To allow SimplyRegister to provide the Services, you must provide us with certain information about the Event (such information is referred to herein as "Event Information"). You represent and warrant that the Event Information you provide does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other right of any third party. Separate Event Information is required for each of your separate Events. SimplyRegister assumes no responsibility for your failure to confirm the accuracy and completeness of your Event Information. You shall indemnify, defend and hold harmless SimplyRegister against any claim or cause of action resulting from or related to your provision of inaccurate Event Information. You hereby grant to SimplyRegister a limited, nonexclusive, irrevocable, worldwide, perpetual, royalty-free license to use, display, reproduce, distribute, modify and transmit in any form or medium whatsoever, whether now known or later developed, the Event Information, including, without limitation, the Event title and all associated trademarks, in connection with the implementation, operation and promotion of the Services. SimplyRegister reserves the right, but is not obligated, to monitor, review, modify or remove any or all Event Information for any reason whatsoever, and assumes no responsibility or liability for transmissions, communications or content provided by you or any other third parties.
8. REGISTRANT INFORMATION: SimplyRegister collects certain information, including names, addresses and credit card information, and other information required for the delivery of the Services, from individuals registering for your Event (collectively, "Registrant Information"). SimplyRegister assumes no responsibility for registrants' failure to confirm the accuracy and completeness of Registrant Information. Depending on the preferences chosen during the set-up process, you will be able to access select Registrant Information during the Term by using the access credentials assigned to you. While we shall not be held liable for your use of Registrant Information, we expect you to maintain fair policies with respect to registrants' privacy and to use the highest standards in the industry in responding to registrant inquiries and complaints. Failure to do so may result in termination of your access to the Services. You agree to defend, indemnify and hold harmless SimplyRegister from all liabilities, claims and expenses (including legal fees) that arise from or are related to the abuse, misuse, or disclosure of Registrant Information by you or third parties over whom SimplyRegister has no control. SimplyRegister is not responsible for any data-entry errors, misrepresentations made by you or registrants, or any other errors resulting from your or registrants' actions or failure to act.
9. EVENT CANCELATION: If the Event is canceled or postponed for any reason whatsoever, you are solely responsible for any liability to registrants for reimbursement of registration fees, as well as all fees due to SimplyRegister. SimplyRegister's fees are non-transferable and non-refundable. You shall indemnify, defend and hold harmless SimplyRegister against any claim or cause of action resulting from or related to cancelation or postponement of your Event.
10. CHARGES AND PAYMENT FOR SERVICES: You will be charged fees for the Services according to the published fee schedule. Please note that there may be a minimum charge for using the Services. If so and if the aggregate fees incurred during the stated period total less than the stated minimum charge, you are responsible for paying the balance needed to reach that amount. All fees are published and payable in U.S. Dollars unless otherwise specified in writing. Depending on your arrangement with SimplyRegister, SimplyRegister may collect payment by netting fees from any balance you have with SimplyRegister, debiting your account, or billing you at periodic intervals. All billed payments are due within thirty (30) days of any statement date. Any fees tendered later than the due date shall accrue interest at the monthly rate of one percent (1%) or the maximum rate allowed by law. You hereby authorize us to charge and collect all fees from you using your designated payment method. You shall reimburse us for any accounting or legal fees incurred by or on behalf of SimplyRegister in connection with our efforts to collect payments you owe. SimplyRegister may suspend or terminate your use of or access to the Services and/or immediately terminate this Agreement if you have not paid all fees in full by the due date. SimplyRegister reserves the right to modify its fees at its sole discretion. Any updated pricing will be published on the Site. SimplyRegister's fees are non-transferable and non-refundable. SimplyRegister reserves the right to bill you for, and you agree to pay, all monies associated with credit card chargebacks, refunds, returned items, and all other fees relating thereto with respect to this Agreement. You are solely responsible for and shall report and pay any and all applicable taxes imposed as a result of the Event or any related product or service. SimplyRegister has no responsibility of any kind whatsoever to collect or pay any such taxes or other liabilities.
11. REGISTRANT PAYMENT: Depending on the preferences you select, registrant payment for Event registration and related products may be collected (a) by SimplyRegister or (b) by Event Management.
12. PROCESSING OF TRANSACTIONS WITH REGISTRANTS:
13. REMITTANCE OF REGISTRATION FEES AND OTHER REGISTRANT PAYMENT: SimplyRegister reserves the right to hold payment submitted by registrants for the Event and any related goods and services. In no case, however, will SimplyRegister retain such payment for more than 180 days after the Event has been successfully completed.
14. UPDATES; AVAILABILITY OF SERVICES: SimplyRegister may, at its discretion, release updates to the Services. You acknowledge that failure to integrate these updates in a timely fashion may impair the functionality or security of the Services you utilize. SimplyRegister is not liable for your failure to properly integrate the most current version of the Services, and SimplyRegister has no obligation to provide support or integration services. SimplyRegister may, from time to time and without prior notice, shut down and restart the Services for maintenance and/or upgrades. You acknowledge that SimplyRegister reserves the right, at its sole discretion, at any time to modify or discontinue any or all of the Services or features thereof without prior notice and without liability of any kind.
15. PROMOTION: SimplyRegister may display and publish information regarding your choice to use our Services. This may include, but is not limited to, testimonials, announcements and screenshots on press releases, brochures and websites. You hereby grant to SimplyRegister a limited, nonexclusive, irrevocable, worldwide, perpetual, royalty-free license to use, display, reproduce, distribute, modify and transmit in any form and medium whatsoever, whether now known or later developed, your name and the Event Information, including, without limitation, the Event title and all associated trademarks, in connection with the promotion of the Services.
16. YOUR WARRANTIES: In addition to the representations and warranties stated herein, you further represent and warrant that (a) the Event is a bona fide, legitimate participatory event; (b) you are able to and will adhere to the obligations set forth herein; (c) you will utilize the Services and Site only as authorized herein; and (d) the Event Information provided by you does not and will not, in whole or in part infringe upon the rights of others, including, but not limited to, intellectual property, privacy or publicity rights of any third party.
17. DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, NONINFRINGEMENT, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. SIMPLYREGISTER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, OR NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. These disclaimers constitute an essential part of this Agreement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
18. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIMPLYREGISTER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF SIMPLYREGISTER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SIMPLYREGISTER'S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT SIMPLYREGISTER HAS BEEN PAID BY YOU FOR THE SERVICES.
19. INDEMNIFICATION: In addition to your specific indemnification obligations set forth herein, you hereby agree to further indemnify and hold SimplyRegister, its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, damages, claim or demand (including court costs and reasonable attorneys' fees) made by any third party due to or arising out of your use of the Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
20. TERMINATION: SimplyRegister may terminate this Agreement at any time, for any or no reason, with or without notice and without obligation of any kind. You may terminate this Agreement upon thirty (30) days advance written notice to SimplyRegister. You shall not be entitled to any refund of the charges incurred by you for the Services up to the date of termination.
21. INTERNATIONAL USERS: SimplyRegister makes no claims that information on or provided via the Site is appropriate or may be used or accessed outside of the United States. If you access or use the Site from outside the United States, you do so at your own risk, and you are responsible for compliance with the laws of your jurisdiction. By providing us with your information when you are outside the United States, or if you are subject to a jurisdiction other than the United States, you acknowledge your consent to the transfer and use of that information as contemplated by this Agreement. If you do not consent to such transfer and use, or if it is illegal in your area, you may not use the Site.
22. E-MAIL COMMUNICATIONS WITH YOU: You agree to accept all communications from SimplyRegister in electronic form. SimplyRegister may provide notices, statements, invoices and other communications to you and your designated users solely through e-mail, by posting on the Site or other electronic transmission. SimplyRegister is not liable for non-receipt of such communications for any reason, including without limitation an incorrect e-mail address provided by you or spam filtering.
23. GOVERNING LAW AND VENUE: This Agreement shall be construed and governed in accordance with the laws of the State of Indiana (without resort to its choice of law provisions) and the federal laws of the United States of America. You hereby irrevocably consent to personal jurisdiction in a federal or state court of competent jurisdiction located in Indiana for all matters relating to this Agreement. Use of the Services is unauthorized in any jurisdiction that does not give effect to the terms set forth herein, including this provision.
24. NO JOINT VENTURE: No joint venture, employment or other legal relationship exists between you and SimplyRegister as a result of this Agreement or your use of the Services.
25. SEVERABILITY: Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. If any of these terms is held invalid or unenforceable, then it will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remainder of the agreement shall continue in effect.
26. NO WAIVER: The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
BY CLICKING "I AGREE" BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT I UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.