TERMS OF SERVICE
Last Updated: November 5, 2019
Event Hollow, Inc. (“Event Hollow” or “we”) operates a website-based marketplace allowing individual users (“Clients”) to locate and book third-party vendors (“Vendors”) that provide various event-related services (“Vendor Services”). These Terms of Service (“Terms”) apply to your access to and use of the Event Hollow website and any other online products or services provided by Event Hollow (collectively, the “Services”). You may be using the Services in the capacity of a Client or a Vendor, and the terms applicable to Clients or Vendors will apply to you in your capacity as a Client or Vendor.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 20, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 20.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at [email protected].
1. The Services
The Services are a neutral marketplace that enables communication and transactions between Clients seeking to book, and Vendors seeking to offer, Vendor Services. As a provider of a neutral marketplace, Event Hollow does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Vendor Services. Vendors alone are responsible for their Vendor Services. When a Client books Vendor Services made available on the Services (a “Booking”), he or she is entering into a contract directly with the Vendor, not Event Hollow, and Event Hollow is not and does not become a party to any contractual relationship between Clients and Vendors. Event Hollow provides a template contract that Vendors and Clients may enter into, but such template contract is offered merely as a courtesy to, and for the convenience of, Clients and Vendors, and does not constitute legal advice. Event Hollow is not acting as an agent in any capacity for any Client or Vendor. Without limiting the foregoing, Event Hollow assumes no liability or responsibility for damages associated with the Vendor Services or resulting from any other transactions between Clients and Vendors.
We have no control over and do not guarantee (a) the existence, quality, safety, suitability, or legality of any Vendor Services, (b) the truth or accuracy of any Vendor Services descriptions, ratings, reviews, or Content (as defined below), or (c) the performance or conduct of any Vendor, Client, or third party. Event Hollow does not endorse any Vendor, Client, or Vendor Services. Any description of any Client or Vendor is not an endorsement, certification or guarantee by Event Hollow about any such Client or Vendor, including, without limitation, of the Client’s or Vendor’s identity or background or whether the Client or Vendor is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to use the Vendor Services, accept a Booking request from a Client, or communicate and interact with other Clients or Vendors, whether online or in person. Any Content posted by a Vendor or about Vendor Services is not an endorsement by Event Hollow of any Vendor or Vendor Services.
2. Privacy
For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy at https://www.eventhollow.com/privacypolicy.
3. Eligibility
You must be at least 18 years of age (or the age of legal majority where you live) to use our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
4. Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You are responsible for all activities that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. If we terminate or suspend your account in accordance with Section 22 of these Terms, you may not create additional accounts.
5. Client-Specific Terms
Booking and Deposits
Subject to meeting any requirements set by Event Hollow and/or the Vendor, you can initiate and complete a Booking by following the Booking process set forth on the Services. All applicable fees for Vendor Services will be presented to you prior to completing the Booking. You agree to pay the total fees charged in the Booking.
We will collect a non-refundable deposit from you at the time of Booking and the remaining balance thirty (30) days before the scheduled date of provision of Vendor Services.
Payment Information
When you pay for Vendor Services or for other services on the Services, you will be required to provide us with valid, up-to-date credit card, debit card, or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding, confirmed Bookings. You authorize us to store your credit card or other payment method and to charge your credit card or other payment method for fees you incur on the Services as they become due and payable, and to charge any alternative payment method Event Hollow has on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information. If we cannot charge you for any fees when due because your payment information is no longer valid, or if we do not receive your payment when due, then you understand that neither Event Hollow nor Vendor will be responsible for any failure to provide services, including, without limitation, Vendor Services, associated with those fees. Except as expressly provided in these Terms, all fees are non-cancelable and non-refundable once confirmed.
If we are unable to collect any amounts you owe under these Terms, we may engage in collection efforts to recover such amounts from you. We will deem any owed amounts overdue when seven (7) days have elapsed after we first attempt to charge your payment method or the associated Vendor Services have been provided.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all taxes, levies, or duties associated with your purchase of the Vendor Services, excluding only United States (federal and state) taxes.
6. Vendor-Specific Terms
Independent Contractors
If you choose to use the Services as a Vendor, your relationship with Event Hollow is limited to being an independent, third-party contractor, and not an employee, franchisee, agent, joint venturer or partner of Event Hollow for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Event Hollow. Event Hollow does not, and will not be deemed to, direct or control you generally or in your performance under these Terms specifically, including, without limitation, in connection with your provision of the Vendor Services. You acknowledge and agree that you have complete discretion whether to list Vendor Services or otherwise engage in other business activities.
You have no power or authority to incur any debt, obligation, or liability on behalf of Event Hollow. You acknowledge and agree that you are not entitled to any benefits Event Hollow makes available to its employees, including, without limitation, coverage under Event Hollow’s welfare, medical, or dental plans, life or disability insurance plans, pension plans, stock plans (including, without limitation, restricted stock units, stock options, or any other form of equity compensation), or any other Event Hollow-sponsored fringe benefits. You will use your own equipment in your performance of the Vendor Services. You assume sole liability for and will pay all employment taxes (including Social Security), income taxes, and other taxes required by your activities. You must complete an IRS 1099 Form when signing up for the Services.
Non-Exclusivity
The relationship between you and Event Hollow is non-exclusive. You may provide similar services to other individuals or organizations on terms and at times determined by you in your sole discretion and Event Hollow may, and does, engage others to provide similar services as your Vendor Services.
Listings
When creating a listing of your Vendor Services on the Services, you must (a) provide complete and accurate information about your Vendor Services, (b) disclose any deficiencies, restrictions, and requirements that apply, and (c) provide any other pertinent information required by Event Hollow. Any Content you post to the Services must be accurate and complete, including, without limitation, accurately reflecting the quality of your Vendor Services. You are responsible for keeping information about your Vendor Services up-to-date at all times. When you accept a Booking request from a Client and enter into an agreement with that Client for provision of your Vendor Services, you are required to, and will, provide your Vendor Services to that Client as described to the Client (including, without limitation, with respect to the quality, timeliness, and other characteristics of the deliverables promised to the Client).
Fees
You are solely responsible for setting a price for your Vendor Services. Once a Client requests a Booking, you may not request that the Client pay a higher price than the price listed in the Booking. Any terms and conditions included in your Booking or otherwise made available by you to the Client must not conflict with these Terms. Except where otherwise specified in the Services, we charge a twenty percent (20%) service fee to you for each Booking, which is calculated as a percentage of the fees that a Client agrees to pay to you in the Booking.
We will (either directly or indirectly through an authorized third party) collect the fee from the Client when we confirm the Booking and initiate payment to your account within five (5) business days after we receive a Client’s Booking fees. We will deduct our service fee before remitting payment to you. You understand that our obligation to pay you is subject to, and conditional upon, our successful receipt of the associated payment from the Client associated with the Booking.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all taxes, levies, or duties associated with your provision of the Vendor Services, excluding only United States (federal and state) taxes.
Content
If you create Content (as defined below) as part of your provision of the Vendor Services, then you agree to share that Content with Event Hollow, subject to Event Hollow’s rights and licenses set forth in these Terms.
Code of Conduct
Vendor will at all times comply with Event Hollow’s Vendor Code of Conduct and Ethics.
7. Cancellations, Modifications, and Disputes
Client-Initiated Cancellations
For Client-initiated cancellations prior to the scheduled date of provision of the Vendor Services, Vendor will retain the non-refundable deposit, less the twenty percent (20%) service fee described in Section 6. We may, in our sole discretion, issue a full or partial refund or credit to Clients who initiate a cancellation, after considering the extenuating circumstances that produced the cancellation, any applicable refund promotions being offered by Event Hollow or any other matters we deem pertinent.
Vendor-Initiated Cancellations
For Vendor-initiated cancellations prior to the scheduled date of provision of the Vendor Services, Vendor is responsible for the loss incurred by Event Hollow and the Client associated with the cancellation. Event Hollow will deduct or debit from Vendor’s account, or invoice Vendor for, any amounts that Event Hollow has paid to Vendor, and all scheduled payments related to the Booking that have not yet been made will be cancelled. Event Hollow may additionally delist Vendor’s Vendor Services. We may, in our sole discretion, waive costs and expenses for Vendor-initiated cancellations, after considering the extenuating circumstances that produced the cancellation, Client activity and conduct, or any other matters we deem pertinent.
Event Hollow Cancellation
We may decide, in our sole discretion, that it is necessary or appropriate to cancel a confirmed Booking, after considering any potential illegal or unauthorized activity, risk of harm or safety concerns, violation of these Terms, or any other matters we deem pertinent. We may cancel a Booking at any time prior to the date of the provision of the Vendor Services and issue a full or partial refund to a Client and Vendor. When we initiate a cancellation, any refunds or payouts will vary depending on the circumstances that prompted the cancellation. Neither Event Hollow nor any of the other parties to the cancelled Booking will have any liability or obligation for any such Event Hollow-initiated cancellations.
Modifications
Vendors and Clients are responsible for any modifications to a Booking that they make or direct Event Hollow to make (“Modifications”), which may include, without limitation, additional fees, modified deliverables and/or timeframes, and/or substituting different service providers to perform the Vendor Services. Either the Vendor or the Client must notify Event Hollow in advance of any Modifications. If the Modification contains additional fees or taxes, Client agrees to pay any additional fees and taxes associated with such Modifications. A Vendor may appoint a substitute provider or providers of Vendor Services under a Booking if and only if (a) agreed to in writing by the Client, (b) the substitute provider has an active account on the Services and has agreed in writing to accept the Booking, and (c) Vendor obtains Event Hollow’s consent to the Modification and furnishes Event Hollow with all information, in Event Hollow’s sole discretion, necessary or desirable for Event Hollow to consent to the Modification.
Disputes
You are solely responsible for your interactions with Clients or Vendors, as applicable, and Event Hollow is not a party to any disputes that may arise between you and the Client or Vendor, nor does Event Hollow have any obligation to mediate or facilitate any resolution. Without limiting the foregoing, once payment has been remitted to a Vendor, any payment disputes occur solely between the Client and the Vendor.
However, Event Hollow reserves the right to monitor and mediate disputes if it believes, in its sole discretion, that it is necessary or desirable to do so. If Event Hollow chooses to exercise this right, then you agree to cooperate with and assist Event Hollow in good faith, and to provide Event Hollow with such information and take such actions as may be reasonably requested by Event Hollow, in connection with any disputes or other complaints or claims made by a Client or Vendor relating to provision or receipt of the Vendor Services. You will, upon Event Hollow’s reasonable request and at no cost to you, participate in mediation or a similar resolution process with another Client or Vendor, which process will be conducted by Event Hollow or a third party selected by Event Hollow or its insurer, with respect to losses for which a Client or Vendor is requesting payment from Event Hollow. You are entitled to terminate your participation in the mediation or similar resolution process at any time. Your right to take legal action before a court of law remains unaffected.
8. Content
You may, during provision or receipt of the Vendor Services, create content, including messages, text, photos, videos, audio, graphics, tags, links, software and other materials (collectively, “Content”). Except for the license you grant below, you retain all rights in and to your Content, as between you and Event Hollow.
You grant Event Hollow a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Content and any name, username or likeness provided in connection with your Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share Content on or through our Services, you understand that your Content and any associated information (such as your username or profile photo) may be visible to others. If your name, voice, image, persona, likeness, or performance is included in any Content, you hereby waive and release Event Hollow from any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Content in accordance with the license in these Terms. If you are a Vendor, we will provide commercially reasonable attribution to you if we publicly perform or display your Content.
You may not create, post, store or share any Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your Content, and our use of such Content as permitted by these Terms, does not and will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor Content, we may delete or remove Content at any time and for any reason with or without notice.
9. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
▪ Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
▪ Use or attempt to use another Client or Vendor’s account without authorization from that Client or Vendor and Event Hollow;
▪ Engage in tactics to bypass the Services or other Event Hollow systems to avoid complying with any of our applicable policies, including these Terms, paying any applicable fees, or complying with other contractual obligations;
▪ Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
▪ Sell, resell or commercially use our Services;
▪ Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
▪ Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
▪ Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other Clients or Vendors from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
▪ Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
▪ Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
▪ Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
▪ Develop or use any applications that interact with our Services without our prior written consent;
▪ Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
▪ Bypass or ignore instructions contained in our robots.txt file; or
▪ Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also post or otherwise share only Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any Content that:
▪ Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
▪ Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
▪ May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
▪ Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
▪ Impersonates, or misrepresents your affiliation with, any person or entity;
▪ Contains any unsolicited promotions, political campaigning, advertising or solicitations;
▪ Contains any private or personal information of a third party without such third party’s consent;
▪ Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
▪ In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Event Hollow or others to any harm or liability of any type.
Enforcement of this Section 9 is solely at Event Hollow’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 9 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
10. Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Event Hollow or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
11. Trademarks
The Event Hollow name and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Event Hollow and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
12. Feedback
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Event Hollow or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Event Hollow’s sole discretion. You understand that Event Hollow may treat Feedback as nonconfidential.
13. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of Clients or Vendors who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Event Hollow’s designated agent as follows:
Designated Agent: Jennifer Edmon
Address: 325 Pacific Ave. Ste. B
San Francisco, CA 94111
Telephone Number: 415-634-8315
E-Mail Address: [email protected]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Event Hollow for certain costs and damages.
14. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Event Hollow does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
15. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Event Hollow and our officers, directors, agents, partners and employees (individually and collectively, the “Event Hollow Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to cooperate with the Event Hollow Parties in defending such Claims.
16. Disclaimers
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Event Hollow does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Event Hollow attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
17. Limitation of Liability
To the fullest extent permitted by applicable law, Event Hollow and the other Event Hollow Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Event Hollow or the other Event Hollow Parties have been advised of the possibility of such damages.
The total liability of Event Hollow and the other Event Hollow Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services.
The limitations set forth in this Section 17 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Event Hollow or the other Event Hollow Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
18. Release
To the fullest extent permitted by applicable law, you release Event Hollow and the other Event Hollow Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to (a) disputes between you and a Client or Clients or you and a Vendor or Vendors, (b) the acts or omissions of Vendors and/or third parties, and/or (c) the provision of the Vendor Services.
If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “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, would have materially affected his or her settlement with the debtor or released party.”
19. Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
20. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Event Hollow and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Event Hollow agree that any dispute arising out of or related to these Terms or our Services is personal to you and Event Hollow and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Event Hollow seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Event Hollow seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Event Hollow waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Event Hollow or relating in any way to the Services, you agree to first contact Event Hollow and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Event Hollow by email at [email protected] or by certified mail addressed to 325 Pacific Ave. Ste. B, San Francisco, CA 94111. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Event Hollow cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco County, California in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Event Hollow agree that these Terms affect interstate commerce and that the enforceability of this Section 20 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Event Hollow, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Event Hollow agree that for any arbitration you initiate, you will pay the filing fee and Event Hollow will pay the remaining JAMS fees and costs. For any arbitration initiated by Event Hollow, Event Hollow will pay all JAMS fees and costs. You and Event Hollow agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Event Hollow will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 20 by sending an email to [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 21.
If any portion of this Section 20 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 20 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 20; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 20 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 20 will be enforceable.
21. Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in San Francisco County, California.
22. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services to you (including, without limitation, by suspending or terminating your account) at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
23. Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
24. Miscellaneous
These Terms constitute the entire agreement between you and Event Hollow relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 9, 12, 15 through 18, 20, 21, and 24 survive any expiration or termination of these terms. The failure of Event Hollow to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or the Services, in whole or in part, without your prior written consent. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.