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Terms of Service

Last updated: 02-24-2025

Updated over 3 weeks ago

Welcome to eventPERCH! These Terms of Service, including eventPERCH’s Privacy Policy and any other accompanying documentation (collectively, the “Terms”) govern your access to and use of eventPERCH’s website found at eventPERCH.com (the “Platform”) and associated services (collectively with the Platform, the “Services”). By accessing or using the Services, you agree to these Terms. As used in these Terms, “you” or “your” refers to any, entity, university, organization, or company (“Entity”) that accesses or uses the Services, as well as any individual end user who accesses and uses the Services, as applicable, and agrees to these Terms. References to “we,” “our,” or “us” refer to eventPERCH, provided and run by Easton Events LLC, 2 Church Street, Charleston, SC, 29401, United States.

PLEASE READ THESE TERMS CAREFULLY, AS THEY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SERVICES.

By accessing or using the Services, you confirm that you have read, understood, and agreed to these terms as a condition of using the Services. If you do not meet the eligibility requirements or do not agree to these Terms, you are not authorized to use the Services. Your use of the Services, along with our provision of them, signifies mutual agreement to these Terms.

Except for certain types of disputes described in Section 16, you agree that any disputes arising under these Terms will be resolved through binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. THIS MEANS YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except as specified in Section 16.

1. Description of Services

We provide a comprehensive platform designed to simplify and enhance event planning, event execution, client/vendor billing, vendor management, and business workflows. Our tools enable seamless collaboration across teams through dedicated workspaces (“Workspace”). Whether you’re handling a single event or a multi-event project, our platform delivers clarity and control, reducing inefficiencies and ensuring precision.

2. Eligibility

2.1. General Eligibility. By agreeing to these Terms, you confirm and assure that: (a) you are of legal age in your jurisdiction; (b) you have not been suspended or removed from the Services in the past; and (c) your registration and use of the Services comply with all applicable laws and regulations.

2.2. Entities. If you are an Entity, the individual accepting these Terms on behalf of the Entity confirms they are authorized to bind the Entity to these Terms, and the Entity agrees to be bound by them.

2.3. Consumer Client. If you are invited to use the Services by a Workspace Owner as a Consumer Client, your use of the Services is subject to these Terms, as well as any terms imposed by the Workspace Owner. As a Consumer Client, you acknowledge that you do not have direct payment obligations to us. “Consumer Client” refers to an individual invited by a paying user to access and use certain features of the Services at no cost to the Consumer Client.

3. Your Account

3.1. Account Registration. To access the Services, you must register for an account. When you register for an account, you may be required to provide us with your email address, payment information for payment processing through Stripe, or other contact information.

3.2. Account Information Accuracy and Security Responsibilities. You agree to provide accurate, current, and complete information at all times and confirm that you have the necessary rights and permissions to share this information with us. You are responsible for keeping your account credentials confidential. You accept full responsibility for any activities carried out through your account.

4. Authorized Users

4.1. Access Provided. If your access to the Services is provided under a particular Workspace (“Authorized User”), your use of the Services is subject to the agreement between us and the applicable Workspace owner (“Workspace Owner”). You acknowledge and agree that the Workspace Owner can terminate or modify your access to the Services and we are not liable to you for any removal or termination of access provided by the Workspace Owner.

4.2. Authorized User Obligations. As an Authorized User, you agree to (i) comply with your Workspace’s policies and these Terms, and (ii) acknowledge that your Workspace owner has administrative control over the account, including the ability to prevent you from disassociating your account from the Workspace, restrict or terminate your access to the account, or access, disclose, restrict, or remove data stored in your account.

4.3. Access Provided to Consumer Clients. If you are a Consumer Client invited by a Workspace Owner, you are granted limited access to the Services as specified by the Workspace Owner. The Workspace Owner is responsible for managing your access rights. Your use of the Services is solely for the purpose of engaging with the Workspace Owner and their event-related activities.

4.4. Workspace Owner Responsibilities for Authorized Users and Consumer Clients. As a Workspace Owner, you are responsible for ensuring that Authorized Users use the Services solely for their intended purposes and in compliance with these Terms. Additionally, you are responsible for inviting Consumer Clients and ensuring their compliance with these Terms. You hereby understand and agree that you bear full responsibility for managing their Consumer Clients’ access to the Services, including modifying or revoking access as necessary.

5. Payment

5.1. Subscription Fees and Free Trial. We offer a free trial for new users to explore the Services for a limited time (“Free Trial”). You will not be charged during the Free Trial. After the Free Trial ends, your access to the Services will be locked. To continue using the Services, please select a subscription plan (“Subscription”) and provide payment information. By subscribing, you authorize us and Stripe to charge your payment method on a recurring basis until you cancel. We reserve the right to determine Free Trial eligibility and may modify or terminate it at any time without notice.

5.2. Subscription Billing and Renewal. Your Subscription billing date is the date you purchase your first Subscription. Your account will be charged on this date for each new subscription period, based on your initial selection (the “Initial Subscription Period”). Subscriptions will automatically renew for the same duration as the Initial Subscription Period unless you cancel as described below.

5.3. Canceling a Subscription. You may cancel your Subscription at any time through the Platform. If you choose to cancel your Subscription, no pro-rata refunds will be provided for any unused portion of the Subscription period. However, your access to the Services will remain active until the end of the current Subscription period, at which point your access will be terminated unless the Subscription is renewed.

5.4. Multiple Users. If you add users to your plan during a Subscription period, you may be charged a pro-rata fee in accordance with our Subscription terms for the additional users until the end of the current Subscription term.

5.5. Change in Fees. We reserve the right to determine and modify pricing for the Service. We strive to keep pricing information on our website up to date, and we encourage you to check periodically for current rates. We may change the fees for any feature of the Service, including additional fees or charges, by providing advance notice of such changes. If you are on a Subscription plan and do not agree with the change in price, you may choose not to renew your Subscription for the subsequent billing period. Continuing to use the Services after the notice period constitutes your agreement to the revised fees. Promotional offers with different features or pricing may be made available to certain customers, and unless explicitly offered to you, these offers will not apply to your use of the Service.

5.6. Non-Payment Consequences and Additional Fees. We reserve the right to suspend or terminate access to the Services for any account with unpaid fees. If your access to the Services is provided through a Workspace and that Workspace Owner fails to pay the applicable fees, your access may also be suspended or terminated. In the event of non-payment, your account may be subject to additional fees, such as collection costs or charges related to chargebacks. We may also recover any unpaid amounts through lawful collection processes.

6. Managing Payments Through the Platform

6.1. The Platform allows you to manually manage payments between parties, such as clients, planners, or vendors, serving as a digital checklist. You are solely responsible for inputting and managing payment data, such as amounts owed or paid, and ensuring its accuracy. The Platform does not process payments, verify financial arrangements, or act as a legal or financial intermediary in any capacity. We do not assume responsibility for the goods or services exchanged between parties.

7. Licenses and Usage Rights

7.1. Ownership of the Services and Materials. The Services are owned and operated by us. The visual interfaces, graphics, design, compilation, information, data, computer code (including source and object code), products, software, services, and all other elements of the Services (collectively, the “eventPERCH Materials”) provided by us are protected by intellectual property and other applicable laws.

7.2. Rights Reserved by eventPERCH. All eventPERCH Materials included in the Services are the property of us or our third-party licensors. We reserve all rights to the eventPERCH Materials not expressly granted in these Terms.

7.3. Limited License to Use the Services. Subject to your complete and ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for their intended purposes.

7.4. Prohibited Uses of the Services. Except as explicitly permitted by these Terms or to the extent any restriction is impermissible under applicable law, you may not (i) reproduce or distribute the Services; (ii) make modifications, derivative works, or reverse engineer the Services; (iii) interfere with or circumvent any feature of the Services, including security or access control mechanisms; (iv) access or use the Services in violation of any usage restrictions or limitations associated with the level of Services you or your Workspace owner have purchased or subscribed to; or (v) use the Services in any manner prohibited by these Terms and applicable law.

7.5. Feedback and Suggestions. If you choose to provide input, suggestions, or feedback regarding issues with or potential improvements to the Services (“Feedback”), you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to use and exploit the Feedback in any manner and for any purpose. This includes incorporating Feedback into improvements to the Services or creating new products and services.

7.6. Government Use of the Services. We provide the Services, including any related software, data, and technology, for ultimate government end use under a standard commercial license. Government technical data and software rights related to the Services are limited to those rights customarily provided to the public under these Terms. If a government agency requires additional rights beyond those outlined in these Terms, such rights must be negotiated directly with us and documented in a mutually agreed written addendum as part of the applicable agreement.

8. Third-Party Services

8.1. Third-Party Integration Tools. We may provide tools through the Services that enable you to access third-party services. By using these third-party services, you acknowledge and agree that we may transfer the relevant information to the applicable third-party service. Third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for how any third-party service uses your exported information.

8.2. Third-Party Policies. It is your responsibility to review and understand the terms, policies, and practices of any third-party service you choose to use. We encourage you to carefully examine their privacy policies, terms of service, and data handling practices to ensure they align with your expectations and requirements.

9. User Content

9.1. User Content Upload. Certain features of the Services may allow users to upload content directly to the Services (“User Content”).

9.2. Ownership of User Content. You retain all ownership rights to your User Content. By using the Service, you grant us a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, process, display, reproduce, and transform your User Content as necessary to provide the Services to you.

9.3. License Granted to Other Users. By uploading User Content and sharing it with other users of the Services, you grant those users a non-exclusive license to access, use, and process that User Content in accordance with these Terms and the functionality of the Services. To the fullest extent permitted by law, we are not responsible for unauthorized access to or use of User Content or processed results by other users or third parties.

9.4. Responsibility for User Content. You are solely responsible for your User Content and any consequences arising from its use or distribution via the Services. By uploading User Content, you represent and warrant that (i) you are the creator and owner of the User Content, or you have the necessary licenses, rights, consents, and permissions to authorize us and other users to use and distribute your User Content as described in these Terms; (ii) your User Content is not objectionable, harassing, indecent, or otherwise inappropriate; and (iii) your User Content and its use as contemplated by these Terms will not (a) infringe, violate, or misappropriate any third-party rights, including intellectual property, privacy, or publicity rights; (b) slander, defame, or invade the privacy or publicity rights of any person; or (c) cause us to violate any applicable laws or regulations.

9.5. Security of User Content. We will implement commercially reasonable security measures designed to safeguard User Content from unauthorized or unlawful access, use, alteration, or disclosure.

10. Prohibited Conduct

BY USING THE SERVICES, YOU AGREE NOT TO:

  • 10.1. use the Services for any unlawful purpose or in violation of local, state, national, or international laws;

  • 10.2. utilize the Services or its features for the direct or indirect benefit of any third party;

  • 10.3. harass, threaten, demean, or harm other users of the Services;

  • 10.4. violate or encourage others to violate any third-party rights, including intellectual property or proprietary rights;

  • 10.5. interfere with the Services’ security features by (i) disabling or bypassing measures that prevent unauthorized copying or use of content; or (ii) reverse engineering or attempting to discover the Services’ source code, except where permitted by law;

  • 10.6. disrupt the operation of the Services or another user’s experience by (i) uploading or distributing malware, viruses, or other harmful software; (ii) sending unsolicited offers or advertisements to other users; (iii) collecting personal information without consent; or (iv) interfering with any network, server, or equipment used to provide the Services;

  • 10.7. engage in fraudulent activities, misrepresenting your affiliation, accessing another user’s account without authorization, providing false information;

  • 10.8. sell, transfer, or otherwise share your access to the Services, including any associated materials, rights, or content, in breach of these Terms; or

  • 10.9. attempt to engage in or assist others in performing any of the prohibited actions listed above.

11. Digital Millennium Copyright Act

11.1. DMCA. We comply with the Digital Millennium Copyright Act. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us the following information:

  • 11.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • 11.1.2. a description of the copyrighted work that you claim has been infringed;

  • 11.1.3. a description of where the material that you claim is infringing is located on the Platform. You should identify the material with information reasonably sufficient to allow us to locate the material;

  • 11.1.4. your address, telephone number, and e-mail address;

  • 11.1.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • 11.1.6. a statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

11.2. DMCA Notifications. Please direct all DMCA notifications to our designated agent at: legal@eventperch.com.

12. Term and Termination

12.1. Term. These Terms are effective from the moment you accept them or first use the Services, and they remain in effect until terminated as set out in Section 12.2.

12.2. Termination. Your authorization to access the Services and these Terms will automatically terminate if you violate any provision of these Terms. Additionally, we may, at our sole discretion, terminate these Terms, your account, or your access to the Services at any time, for any reason or no reason, with or without notice. You may also delete your account and/or Workspace at any time in the Platform.

12.3. Surviving Provisions. Upon termination of these Terms, (i) your license rights will immediately terminate, and you must stop all use of the Services; (ii) you will lose access to your account and any associated data; (iii) any unpaid amounts owed to us prior to termination will remain due and payable; and (iv) any provisions of these Terms that, by their nature or explicit terms, are intended to survive termination will remain in effect.

13. Disclaimer and Warranties

THE SERVICES, INCLUDING ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

WE DO NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES (INCLUDING YOUR ACCESS TO IT), OR ANY DATA, MATERIALS, OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WE ALSO DO NOT WARRANT THAT ANY SUCH ISSUES WILL BE CORRECTED.

WE ARE NOT RESPONSIBLE FOR THE FAILURE TO STORE, MAINTAIN, OR TRANSMIT ANY USER DATA, CONTENT, USER COMMUNICATIONS, ACCOUNT INFORMATION, OR PERSONAL SETTINGS. FURTHERMORE, WE MAKE NO WARRANTY ABOUT THE COMPLETENESS, ACCURACY, OR RELIABILITY OF ANY CONTENT ACCESSED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR FOR ANY LOSS OF, USE OF, OR DISCLOSURE OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

14. Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR YOUR USE OF THE SERVICES, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES, AND AGENTS (COLLECTIVELY, THE “OUR ENTITIES”) FROM AND AGAINST ANY CLAIM BROUGHT BY A THIRD PARTY, AND ANY RELATED LIABILITY, DAMAGE, LOSS, OR EXPENSE, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR CONNECTED WITH (A) YOUR UNAUTHORIZED OR MISUSE OF THE SERVICES; (B) YOUR VIOLATION OF ANY PROVISION OF THESE TERMS, ANY REPRESENTATION, WARRANTY, OR AGREEMENT REFERENCED IN THESE TERMS, OR ANY APPLICABLE LAW OR REGULATION; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY RIGHT, CONFIDENTIALITY, OTHER PROPERTY, OR PRIVACY RIGHT; (D) THE NATURE OR CONTENT OF DATA PROCESSED BY THE SERVICES; (E) YOUR FAILURE TO OBTAIN NECESSARY CONSENTS OR PROVIDE REQUIRED NOTICES FOR RECORDINGS OR DATA COLLECTION IN CONNECTION WITH YOUR USE OF THE SERVICES; OR (F) ANY DISPUTE OR ISSUE BETWEEN YOU AND ANY THIRD PARTY.

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU (WITHOUT LIMITING YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THAT MATTER), AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THOSE CLAIMS.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR ENTITIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT ON THE SERVICES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF OUR ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM, OR (B) $100.

WORKSPACE OWNERS ARE SOLELY RESPONSIBLE FOR INTERACTIONS, COMMUNICATIONS, AND OBLIGATIONS BETWEEN THEMSELVES, THEIR WORKSPACES AND THEIR CONSUMER CLIENTS. WE ARE NOT LIABLE FOR DISPUTES, DAMAGES, OR OBLIGATIONS ARISING FROM THE RELATIONSHIP BETWEEN WORKSPACE OWNERS AND CONSUMER CLIENTS.

EACH PROVISION OF THESE TERMS THAT LIMITS LIABILITY, DISCLAIMS WARRANTIES, OR EXCLUDES DAMAGES IS INTENDED TO ALLOCATE RISKS BETWEEN THE PARTIES AS PART OF THE FUNDAMENTAL BARGAIN REFLECTED IN THESE TERMS. THIS ALLOCATION IS A CRITICAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND US. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHERS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE.

16. Dispute Resolution and Arbitration

16.1. General Agreement to Arbitrate. In the interest of resolving disputes efficiently and cost-effectively, and except as described in Section 16.2, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services will first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through good faith discussions within 30 days, it will then be resolved through binding arbitration. Arbitration is a less formal process than a lawsuit in court, involving a neutral arbitrator instead of a judge or jury, with potentially more limited discovery and review processes. Arbitrators can award the same relief and damages as a court. This arbitration agreement covers all claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, whether they arise during or after the termination of these Terms. BY ACCEPTING THESE TERMS, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

16.2. Exceptions. Despite the general agreement to arbitrate, either party may take the following actions without initiating arbitration (i) file an individual claim in small claims court; (ii) pursue an enforcement action through a federal, state, or local agency if available; (iii) seek injunctive relief in a court to support the arbitration process; and (iv) file a lawsuit in court for claims related to intellectual property infringement.

16.3. Arbitration Process. Arbitration will be administered by the American Arbitration Association (AAA) under the Commercial Arbitration Rules unless the parties agree otherwise. The arbitration will be governed by the Federal Arbitration Act, and the arbitrator will have the exclusive authority to determine the interpretation, applicability, or enforceability of this arbitration agreement. Filing forms and rules can be accessed at www.adr.org or by calling 1-800-778-7879.

16.4. Notice and Initiation of Arbitration. Before initiating arbitration, a party must send a written Notice of Dispute to the other party via certified mail, Federal Express (signature required), or email if no current physical address is available. Notices to us must be sent to: Easton Events LLC, Zero George Street, Charleston, South Carolina 29401, United States. The Notice must detail the nature of the dispute and the specific relief sought. If the dispute is not resolved within 30 days of the Notice being received, either party may commence arbitration. All arbitration proceedings will remain confidential unless both parties agree otherwise.

16.5. Arbitration Fees. The allocation of fees and costs for any arbitration conducted under these Terms will be governed by the applicable rules of the American Arbitration Association (AAA). All arbitration proceedings shall be conducted exclusively through written submissions, telephonic hearings, or virtual hearings, as determined by the parties. If the arbitrator finds your claim frivolous or brought for improper purposes, you may be responsible for fees as per AAA rules. The arbitrator must issue a reasoned written decision explaining their findings and rulings.

16.6. No Class Action. All claims must be brought in an individual capacity. Neither you nor we may bring claims as part of a class action, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding unless both parties agree in writing.

16.7. Enforceability. In the event that this arbitration provision is found to be unenforceable, Section 17.2 shall also govern the resolution of disputes. All other provisions of these Terms will remain in effect.

17. Miscellaneous

17.1. Entire Agreement. These Terms, along with the Privacy Policy and any other additional terms, constitute the complete and exclusive agreement between you and us concerning your use of the Services. You may not assign or transfer these Terms, or your rights or obligations under them, in whole or in part, whether by law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or your consent. Failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce that provision at a later time. Similarly, a waiver of any breach or default will not be considered a waiver of any subsequent breach or default or of the provision itself. Section headers in these Terms are for convenience only and do not affect interpretation. Throughout these Terms, the term “including” means “including, but not limited to.” If any part of these Terms is found to be invalid or unenforceable, that portion will be interpreted to achieve its intended purpose to the greatest extent permissible, and the remaining provisions will remain in full force and effect.

17.2. Governing Law. These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of law principles. You and us agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in South Carolina, for the resolution of any legal disputes or proceedings arising under these Terms that are permitted to be brought in court.

17.3. Modification or Discontinuation of Services. We reserve the right to modify or discontinue the Services at any time, whether by limiting or removing features or shutting down the Services entirely, temporarily or permanently, with or without notice. We will not be liable for any changes, suspensions, or terminations of your access to or use of the Services.

17.4. Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as described in our Privacy Policy. These communications may include emails necessary for delivering the Service, such as notifications about the processing of User Content, updates, or other operational purposes. Additionally, we may send emails about our products, services, or those offered by third parties. You can unsubscribe from promotional emails at any time by following the instructions included in the email. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including the requirement that such communications be in writing.

17.5. Updates to Terms. We may update these Terms at any time. We encourage you to review them periodically to stay informed of any changes.

17.6. No Obligation for Support. We are under no obligation to provide support for the Services.

17.7. Contact Information. You may contact us by emailing us at legal@eventperch.com.

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