This Agreement and Terms of Use (this “Agreement”) governs your use of all products and services (each, a “Service”) of ADAPTIVE EVENT MANAGEMENT LLC (the “Company”), including the use of or access to [https://adaptiveevents.org] (the “Website”) or related services. Notwithstanding the foregoing, if the parties hereto have entered into a separate written agreement with respect to a specific Service this Agreement shall not apply to the provision of such Service.
If you agree to be bound by the terms of this Agreement, you should check the box indicating your agreement to the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, you should not check the box (but you will not be able to proceed with use of certain portions of the Website). For avoidance of doubt, an individual representing an entity may enter into this Agreement on behalf of such entity and the terms “you” and “your” as used herein shall, in such case, refer to such entity. If you are an individual, you must be 18 years of age or older to use the Services or any other content, product, or service offered by the Company through the Services. If you are an
individual less than 18 years of age and want to use the Services, please ask your parent or guardian to enter into this Agreement on your behalf.
1. Changes to Agreement.
The Company may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including, without limitation, by email). The changes also will appear in this document, which you can access at any time by going to the Terms of Use link at the footer of the website. By using a Service after changes are made to this Agreement you signify that you agree to be bound by such changes.
2. Data.
Your information may be stored and processed in the United States or any other country where the Company does business or seeks to do business, and by using a Service, you consent to the transfer of information outside of your country. You agree to notify the Company promptly if you change your email address so the Company can continue to contact you and send any notices required hereunder. If you fail to notify the Company promptly of a change, then any notice the Company sends to your old email address shall be deemed sufficient notice. By continuing to use this website you agree that the Company may use your data to contact you regarding promotions and offers or send you other marketing materials at any time during the term of this Agreement.
3. Term.
This Agreement shall continue indefinitely unless terminated. The Company may terminate this Agreement at any time and for any reason by giving Notice to you (including, without limitation, by email). The Company may suspend the Services at any time, with or without cause. The Company may delete any data associated with you at any time, with or without cause.
4. Intellectual Property.
The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available through the Services are property of the Company or the property of the Company’s advertisers or licensors and are protected by copyright and other intellectual property laws. Unless you have the Company’s written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to any other party. You agree not to rearrange or modify the Content. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product or service. You agree not to create any derivative work based on or containing the Content. You agree not to use the Services for any unlawful purpose. The Company reserves the right to terminate or restrict your access to a Service if, in the opinion of the Company, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.
5. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS,
SUPPLIERS, AND LICENSORS (THE “COMPANY PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER
THEORY OF LIABILITY, EVEN IF ANY OF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED
REMEDY. THE COMPANY PARTIES’ TOTAL LIABILITY FOR ALL CLAIMS MADE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES WILL BE NO MORE THAN WHAT YOU PAID THE COMPANY FOR SUCH SERVICES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE COMPANY PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
6. Indemnity.
You agree to indemnify, defend and hold the Company Parties harmless for any losses, liabilities or costs (including legal fees) related to any allegations, demands or other claims of third parties arising out of or in connection with, directly or indirectly, your use of the Services.
7. Cookies.
The Company may employ cookie technology. The information the Company obtains through the use of cookies may include information about your computer, device, and browser, such as your IP address, browser, operating system and device characteristics, language preferences, mobile device or advertising ID, referring URLs, and actions taken by you on the Website such as what content you visited, whether you have used the Website before, dates and times you access the Website, email and advertising views and click-throughs, and other software or hardware information. If you access the Services from a mobile or other device, the Company may collect information for that device such as a unique device identifier ("UDID"), mobile phone number, and details about your mobile carrier. If you wish to opt out of the Company’s use of cookies please click here: Cookie Preferences
8. General.
This Agreement contains the final and entire agreement between the parties hereto regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. The Company may discontinue or change the Services, or their availability to you, at any time. You may not assign your rights or obligations under this Agreement to anyone. Except for the Company Parties, no third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to any conflict or choice of law principles. For all litigation which may be brought, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between the partis hereto, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in Miami-Dade County in the State of Florida. The Company’s failure to enforce any provision of this Agreement or to respond to a breach by you of this Agreement shall not in any way waive the Company’s rights to subsequently enforce any term or condition of this Agreement.
