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Fitzgerald Events (“FE”) provides an Internet-enabled, event calendar and Notification platform (“Notifications”). We offer these Notifications free to registered users who choose to opt in.
2. ACCOUNT AND NOTIFICATIONS. To receive our Services, you must first establish an account with us through the Site(“Account”). This involves you accurately and completely providing and maintaining all requested information, materials and items requested for the Account. An Account is available only to individuals or entities that can form legally binding contracts under applicable law, which in the case of an individual requires you to be at least 13 years old. When signing up for our Services, you authorize us, whether directly or through third parties, to make any inquiries we consider necessary to validate your identity and information. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or mobile phone number, and/or verifying your information against third party databases or through other sources. Our Account for you will not be deemed active until approved by us and is subject to suspension or termination by us at any time for any reason.
Our Services are intended for only registered, authorized users that have a current and valid Account. You can choose to receive the Event Notifications by email and/or SMS. To opt in to Event Notifications you must choose categories you want to receive Event Notifications for in your Account profile. By choosing one or more categories, you are opting in for Event Notifications. You may opt out of Event Notifications at any time by logging in to the Site, navigating to your Account profile and unselecting all of the categories you chose for Notifications. If you wish to close your Account completely you can do so by contacting a FE authorized Representative.
3. FEES AND PAYMENTS. Event Notifications are provided to our users with a valid Account at no charge. To receive the Notification service for free, you grant FE permission to send messages through email and/or SMS on behalf of FE business partners. Payment for Marketplace purchases are required to be made at the time of purchase. Marketplace orders are the sole responsibility of the Marketplace seller for fulfillment and/or shipping.
We accept payment by credit and debit card. In the event that you have provided us with multiple charge cards or payment accounts, you hereby authorize us to make charges against any and all such cards and Accounts in the event that the primary charge method provided should either: not be available, be declined, or not have sufficient funds. By giving your electronic signature, you authorize your credit card company to accept the charges in lieu of an imprinted sales draft.
Regarding our use of third-party payment processors to bill you through a payment account linked to our Account for you on the Site. The processing of such payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to those contained in this Agreement and our Policies. We are not responsible for errors by the payment processor. By choosing to use paid services, you agree to pay us, through the payment processor, all charges at the prices then in effect for any use of such paid services in accordance with the applicable payment terms and you authorize us, through the payment processor, to charge your payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your Payment Method. If we, through the payment processor, do not receive payment from you, you agree to pay all amounts due on your billing account upon demand.
4. RETURNS AND REFUNDS. Products that are new, unopened, undamaged, and non-perishable can be returned within 30 days. Upon accepting a Return, a Marketplace seller, at it’s sole discretion, can choose to issue a refund or replacement of the originally purchased item.
5. WARRANTY DISCLAIMER. FE, ON BEHALF OF ITSELF AND ITS CONTRACTORS AND SUPPLIERS, MAKES NO WARRANTY OF ANY KIND REGARDING THE SERVICES, SITE, AND/OR ANY CONTENT OR MATERIALS PROVIDED, ALL OF WHICH ARE PROVIDED “AS IS.” NEITHER THIS SITE, THE SERVERS NOR ANY COMMUNICATION SENT FROM FE IS REPRESENTED OR WARRANTED TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, NEITHER FE NOR ITS CONTRACTORS AND SUPPLIERS WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF DELIVERABLE, INFORMATION, MATERIAL OR SERVICE PROVIDED OR FOUND (WHETHER ON THE SITE OR FROM RESULTS OF SERVICES OTHERWISE), AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. FE assumes no 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 receiving or downloading any materials, data, text, images, video or audio from the Site or as a result of Services. We are also not responsible for any loss attributed to our failure to provide timely reminders to you. To the maximum extent permitted by applicable law, in no event shall FE or any contractor or supplier be liable for any injury, loss, liability, claim, expense, damage including, without limitation, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of the Site or content found therein, or (ii) the performance or non-performance by FE or our contractors or suppliers for any Notification, including (without limitation) for non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if you were advised of the possibility of damages.
7. OWNERSHIP. The Site and content appearing thereon or otherwise arising from the Services that we provide, is the copyrighted property of FE. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrights without the written permission of FE. “Fitzgerald.Events,” “Fitzgerald Events,” and all related logos, products and Services appearing or described on the Site or appearing with our materials are copyrighted, trade name and/or trademarked materials of FE. You may not copy, imitate or use them without FE’s prior written consent. We and our licensors own all right, title and interest, including intellectual property rights, in the Services and Site. All limited use rights not expressly granted to you are reserved to and by us and our licensors.
You, from time to time, may submit comments, information, questions, data, ideas, description of processes, or other information provided to us or our licensors or suppliers (“Feedback”). For any and all Feedback, you grant to us and our licensors and providers a non-exclusive, worldwide, perpetual, irrevocable license to use, exploit, reproduce, incorporate, distribute, disclose, and sublicense any Feedback in its products, solutions and Services. You represent that you hold all intellectual or proprietary rights necessary to grant such license and that the Feedback will not violate the personal, proprietary or intellectual property rights of any third party.
8. INDEMNIFICATION. You agree to defend, indemnify and hold FE and its owner, managers, officers, employees and representatives harmless from any liability, loss, claim, investigation, damage, cost, expense or demand (including reasonable attorneys' fees) owed to or made or incurred by any third-party due to or arising out of your breach of this Agreement, requests for our Services, actions or omission arising from or relating to the Services, and/or your use of the Site.
9. DISPUTES. If a dispute arises between you and FE please contact us first. Our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and FE regarding our Services may be reported to customer service through the Site.
FURTHERMORE, YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE ONLINE SERVICE (“CLAIM”), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IF THE AMOUNT IN DISPUTES EXCEEDS $250,000 AND ITS JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES WHEN LESSER AMOUNTS ARE IN ISSUE. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. THE ARBITRATOR SHALL ISSUE A WRITTEN REASONED DECISION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
10. GOVERNING LAW AND ENFORCEMENT. This Agreement and its performance shall be governed by the laws of the state of Georgia, USA, without regard to its conflict of laws provision. You consent and submit to the exclusive jurisdiction of the state of Georgia, USA, in all questions and controversies arising out of your use of this Site, the Services and this Agreement and its subject matter, including all questions and controversies subject to binding arbitration. To the extent allowed by applicable law, any claim or cause of action arising from or relating to this Agreement, its subject matter, your access or use of the Site or App, or the Services must be brought within one (1) year from the date on which such claim first accrued. If FE takes any action to enforce this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees, costs, and any cost of arbitration, in addition to any other relief, at law or in equity, to which we may be entitled.
11. WAIVER AND SEVERABILITY. 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. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
12. TERMINATION. FE may terminate this Agreement and these terms and conditions and/or the provision of any of the Services at any time for any reason, including any improper use of this Site or our Services as well as for your failure to comply with the terms and conditions of this Agreement or our policies. Such termination shall not affect any right to relief to which FE may be entitled, at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to you will terminate and revert to FE as applicable.
13. ASSIGNMENT PROHIBITION. You may not assign, convey, transfer, subcontract or delegate this Agreement, your Account or any tasks, Services, rights, duties or obligations hereunder.
14. ENTIRE AGREEMENT AND MODIFICATION. This Agreement, together with any terms and conditions incorporated herein or referred to herein, constitutes the entire understanding, arrangement and agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site. FE may at any time modify the terms and conditions of this Agreement and your continued use of this Site and the Services will be conditioned upon the terms and conditions in force at the time of your use.
15. NOTICE. FE may provide notices to you of changes to our Agreement or Policies, or of issues FE may have, by website postings, emails to the email address listed with us for your account, text message to the contact information that we have listed for you, or by mail to the street address listed with us for your account. Such notices shall be considered to be received by you within 24 hours of the time they are posted to our website or sent by email to you unless we receive notice that the email was not delivered. Any notice sent by mail will be considered to have been received by you three business days after it is sent.
16. FORCE MAJEURE. FE shall not be liable for any delay or failure to provide Services or for the Site if the delay or failure results from events or circumstances outside its reasonable control, including (without limitation) acts of God, acts of nature, strikes, lock outs, accidents, war, acts of terrorism, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and FE shall be entitled to a reasonable extension of its obligations.
When you register with us at our Site, you provide your name, e-mail address and telephone number. You select a username and password allowing you access to the Site and request our Notifications. Your username and password should be kept strictly confidential to prevent unauthorized use.
While using the Site and our Service, we or our contractors or suppliers may (but shall not be obligated to) monitor access and use of the Site, including our Account for you, including the name of your Account, your Internet protocol (IP) address, details about the unauthorized third party program detected, the time and date, and such other information and data as we may deem appropriate. If an unauthorized or impermissible use or access is detected, this Agreement and your access to the Notifications and/or Site may be terminated or suspended with or without additional notice to you.
FE uses your information to provide Notifications as well as to enhance and personalize service. Other than as a result of the sale, merger, transfer or assignment of assets of, or equity in, FE, we do not sell personal information about individual customers (such as name, address, e-mail address) to third parties, sell or rent lists of customers or use information about individual customers except to provide our Notifications or as follows:
- Aggregated Information. FE may use aggregated information regarding its customers and usage of our Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
- Third Party Service Providers. FE may employ other companies and individuals to perform certain functions such as analyzing data. They may have access to personal information to perform their functions.
- Enforcement of Agreement or Compliance with Law. FE may use or disclose personal information when FE believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of FE or its users or to comply with the law.
You may at any time review and change your personal information stored by FE at the Site by accessing the Account profile page at the Site. You may also request that FE permanently remove all personal information stored by it at any time by delivering notice requesting such removal. Upon such request, FE will remove all such information and will not thereafter use personally identifiable information about you except as may be required or permitted by sections (a) and (c) above. Such request will automatically terminate your Account, including your right to access or use the Site and request and receive Notifications.