Terms of use & Services

Terms of use & services

Last updated: May 28, 2024

ARTICLE 1. INTRODUCTION

Welcome to eventNab (“we,” “us,” or “our”). eventNab LLC is a corporation duly organized and existing under the laws of the State of Delaware, United States of America, TAX ID 93-2954948, with offices at 13873 Park Center Rd, STE 55G, Herndon, Virginia 20171, United States (“eventNab”). The eventNab platform comprises the eventNab website(https://www.eventnab.com), our mobile apps (iOS and Android), and helps people discover curated experiences in their cities.

Please read these Terms of Use and Service carefully before using our Service, as they constitute a legally binding contract with eventNab regarding the use of the Services by You.

Some of the functionalities made available to the Users by eventNab may be free or subscribed to by the Users.

The Terms of Use and Service apply from the registration of the User on the Platform and throughout their use of the Services, whether the User accesses the Services via a wireless or mobile device, a tablet or a computer, or any other technology or device (the “Device”).

ARTICLE 2. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Use and Service:

Agreement: means these Terms of Use and Service and all Additional Terms or Rules.

Applicable Data Protection Laws: means any laws and regulations applicable to the Parties according to the nature of Personal Data processed and/or the location of the User.

Application: means the software program provided by eventNab LLC downloaded by You on any Device, named eventNab.

Application Store: means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate: means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account: means a unique account created for You to access our Service or parts of our Service.

Country: refers to: United States

Content: refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by User, regardless of the form of that content.

Device: means any device that can access the Service such as a computer, wireless or a mobile device or a digital tablet.

Feedback: means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

In-app Purchase: refers to the purchase of a product, item, service or Subscription made through the Application and subject to these Terms and Conditions and/or the Application Store’s own terms and conditions.

Promotions: refer to contests, sweepstakes or other promotions offered through the Service.

Service: eventNab’s Websites and domains, including https://www. eventnab.com), and all of the webpages, subdomains, and subparts of those Websites (collectively, our “Website”), all of the services available on or through the Website or otherwise provided by us, and all of our free mobile applications, including without limitation, eventNab app, are offered, maintained and provided by eventNab. We refer to these as our “Services.”

Terms and Conditions: (also referred as “Terms”) mean these Terms of Use and Service that form the entire agreement between You and eventNab regarding the use of the Service.

Third-party Social Media Service: means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

You/Your/User/Users: means the individual (natural person) accessing or using the Service, or eventNab, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ARTICLE 3. Acknowledgment

These are the Terms of Use and Service governing the use of this Service and the agreement that operates between You and eventNab. These Terms of Use and Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use and Service. These Terms of Use and Service apply to all visitors, You, Users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Use and Service. If You disagree with any part of these Terms of Use and Service then You may not access the Service.

You represent that you are over the age of 18. eventNab does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of eventNab. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

ARTICLE 4. DESCRIPTION OF SERVICES

The Services allow You to access certain features, functionality, information and services provided by eventNab and/or its affiliates, which may include the ability to:

Follow their favorite events on the Platform.
Access content regarding the event, parking, restaurants, EV charging.
Show weather information on the date and time of the event.
Show events as per the categories selected by You.
Stay informed of events and shows that may interest them based on location.
Keep in touch with and follow friends on the Platform.
Purchase tickets events and shows through affiliates and third party platforms.
Share events with friends and on social media and other means of communications, etc.

ARTICLE 5. User Accounts

In order to access and use certain content, features and functionality of the Services, eventNab may require that You:

Register for the applicable Services, whether on the Platform, a third party platform or otherwise, including, in some instances, creating and/or providing a username and password combination. Currently, the Users may create an account on the Platform with a login (email address). When registering, the User will receive a confirmation link sent to the email address provided to enable access to his/her Profile.
Provide eventNab certain additional information to establish and complete the User’s Profile and allow for the full use of the Services according to the provisions of eventNab’s Privacy Policy.

When You create an account, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify eventNab immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

As part of the Services you may be able to link an account you have with a third party service, such as a Google, Apple and social media website (e.g.: Facebook, Twitter, Instagram). By linking such third party account, you agree that eventNab may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services.

ARTICLE 6. Your Use Of The Services

The Service

eventNab hereby grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Services solely for the purposes of browsing the Services and searching for, viewing, registering for or purchasing tickets or making donations to an event or parking that is on the Services. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly

(A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services;

(B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation);

(C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner;

(D) remove or alter any proprietary notices or labels on or in the Services; or

(E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.

Applications

You may access and use the Services through our mobile Apps, Website or any other eventNab Platforms (all together, “the Applications”). For clarity, any access to or use of the Services via the Applications and the Applications themselves shall be deemed to be part of the Services and subject to the Terms of Service and these Terms of Use. This right to access and use the Applications may be revoked in accordance with the Terms of Service and eventNab may discontinue or modify the Applications as set forth in Article 19 below.

ARTICLE 7. Fee-based services

eventNab may make available certain fee-based content and other e-commerce services on and/or in connection with the Services or through third party service providers (“Fee-Based Services”).

For example, You may be able to purchase event tickets and/or parking through the Services or third-party service providers.

You acknowledge and agree that certain Fee-Based Services may utilize third party service providers (e.g., Ticketmaster, Seatgeek, Eventbrite, Parkwhiz, etc.), and all purchases made through these third-party websites or platforms are subject to their respective terms and conditions, and in the event of a conflict between such third party’s terms and conditions and this Agreement, the terms and conditions of the third-party service provider shall govern and control.

eventNab is not responsible and has no liability whatsoever for goods or services You may obtain through third party service providers or other web sites or web pages. eventNab encourages You to take all necessary or appropriate measures before proceeding with any online transaction with any of these third parties.

eventNab does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. You should refer to the Additional Terms, Rules or third-party terms and conditions of sales or any other applicable documentation related to such Fee-Based Services. By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

ARTICLE 8. Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

ARTICLE 9. Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

eventNab is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including eventNab and its employees or representatives.
Violating the privacy of any third person.
False information and features.

eventNab reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. eventNab further reserves the right to make formatting and edits and change the manner of any Content. eventNab can also limit or revoke the use of the Service if You post such objectionable Content. As eventNab cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will eventNab be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, eventNab does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

eventNab will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that eventNab has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

ARTICLE 10. CoDE of conduct

Users are solely responsible for his/her conduct when using the Services. eventNab works to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is expressly prohibited. Therefore, You agree that, while using the Services, You shall not:

Engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of eventNab or of any other third party.
Submit, post, email, display, transmit or otherwise make available through the Services any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Submit, post, email, display, transmit or otherwise make available through the Services any material that the User does not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any third party.
Engage in or encourage conduct that affects adversely or reflect negatively on eventNab, its affiliates, or parent company, the Services, eventNab goodwill, name or reputation or causes duress, distress or discomfort to eventNab or anyone else, or discourage any third party from using all or any portion, features or functions of the Services, or from advertising or becoming a supplier to eventNab in connection with the Services.
Submit, post, email, display, transmit or otherwise make available through the Services any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Use the Services for commercial or business purposes, including engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Services, whether or not for financial or any other form of compensation or through linking with another website, platform or service.
Modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other User.
Impersonate any person or entity or falsely state or otherwise represent his/her affiliation with any person or entity.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services.
Solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other Users or other information, including transmitting or facilitating in the transmission of junk email, chain letters, duplicative or unsolicited messages.
Modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist or authorize any other person to do so.
Submit, post, email, display, transmit or otherwise make available through the Services any information, materials or content (and/or engage in or encourage conduct or other activities) that are, or could be perceived as, false, incorrect, misleading or deceptive.

eventNab is not obligated to monitor the Content published on its Platform. However, eventNab allows You to report Content that is clearly illegal, unlawful, dangerous, discriminatory, hateful, infringing the rights of others or any of the above-mentioned provisions.

eventNab reserves the right to investigate and take appropriate action against anyone who, in eventNab’s sole discretion, violates, or is suspected of violating, this Agreement, including removing any Content or a User posting from the Services at any time, and/or reporting the User to law enforcement authorities.

ARTICLE 11. PROCESSING OF PERSONAL INFORMATION

eventNab processes Your Personal Information according to the Privacy Policy which sets forth information regarding the Personal Information used, the purpose(s) for such use, Your rights to the processing of Your Personal Information, the technical and organizational measures set out to protect Your privacy, the recipients of the Personal Information and other information as required by Applicable Data Protection Laws, including the CCPA (US) and the GDPR (EU).

You shall refer to the Privacy Policy to access further information regarding the processing of Your Personal Information.

ARTICLE 12. Copyright Policy

Copyright Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at dmca@eventnab.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
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.
A statement by You, made under penalty of perjury, 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.

Written notification of claimed infringement must be submitted to the following Designated Agent:

By post:

Name and Address of Designated Agent:

Attention: Legal Department

eventNab LLC

13873 Park Center Rd STE 55G

Herndon VVA 20171

By email: dmac@eventnab.com

Upon receipt of a notification, eventNab will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

ARTICLE 13. Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of eventNab and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of eventNab.

If You believe that Your IP has been copied or used on the Platform in a manner that infringes Your rights as recognized by applicable intellectual property laws, You must inform eventNab promptly to the following addresses:

By post:

Name and Address of Designated Agent:

Attention: Legal Department

eventNab LLC

13873 Park Center Rd STE 55G

Herndon VVA 20171

By email: support@eventnab.com

ARTICLE 14. Trademarks

The trademarks, logos, service marks and trade names displayed on or in connection with the Services are registered and unregistered trademarks of eventNab, its affiliates and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause confusion, or in any manner that disparages or discredits their rights holders. Nothing contained on or in connection with the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on or in connection with the Services without the written permission of eventNab or the third party that may own the applicable trademark.

ARTICLE 15. Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide eventNab. If for any reason such assignment is ineffective, You agree to grant eventNab a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

ARTICLE 16. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by eventNab.

eventNab has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that eventNab shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

ARTICLE 17. SECURITY OF THE PLATFORM

eventNab makes every effort to maintain the security, availability and integrity of the data transmissions on the Platform. However, in light of the characteristics and constraints of the Internet, eventNab shall not be held responsible for any errors, interruptions, lack of availability or viruses on its Platform.

eventNab may not be held responsible in the event of malfunction, impossibility of access, poor conditions of use of the Platform due to unsuitable Device, internal malfunction of the User’s Internet service provider, obstruction of the Internet network or for any other reasons outside of eventNab’s control.

Furthermore, eventNab reserves the right to modify, interrupt, suspend or remove, temporarily or permanently, all or part of the Services, without notice or compensation of any kind.

ARTICLE 18. Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

ARTICLE 19. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of eventNab and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall eventNab or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if eventNab or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

ARTICLE 20. “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, eventNab, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, eventNab provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither eventNab nor any of eventNab’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of eventNab are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

ARTICLE 21. INDEMNITY

You agree to indemnify, defend and hold the eventNab Parties harmless from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) his/her breach or violation of this Agreement or any applicable law, (b) any third party claims regarding his/her use of the Services and/or (b) his/her postings on the Platform.

eventNab reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You and all negotiations for its settlement or compromise, and You agree to fully cooperate with eventNab upon its request.

ARTICLE 22. OTHERS

Customer support

For assistance with technical issues or customer support inquiries, You may contact eventNab by writing to the following email address: support@eventnab.com.

Third-party platforms, services and contents

You shall not post or otherwise disseminate on the Platform content (including links to third-party websites or platforms) that is illegal, illicit or immoral.

You are also made aware that the Services may include links allowing access to third party websites or third party materials, including third party platforms.

The inclusion of such third party services and/or links thereto does not constitute an endorsement by eventNab, its affiliates, or parent company, or any of its or their respective successors, assigns and representatives, or any association in connection therewith.

eventNab does not verify, endorse, or have any responsibility for third party services and any third party business practices, whether the Services’, eventNab’s or its affiliates’ logos, marks, names and/or sponsorship or other identification is on the third Party Services.

eventNab shall not be held responsible or liable for any loss or damage caused by or related to Your use of any third party services.

Therefore, You are encouraged to read the terms and conditions and privacy policy of each third party service You use.

Data and wireless access charges

Certain Services may require data access, and the provider of data access (e.g., network operator, wireless carrier, etc.) for Your Device may charge You with data access fees in connection with Your use of such Services, including wireless carrier messaging and other communication, messaging and data fees and charges.

Under no circumstances will eventNab be responsible for any such data access fees and charges in connection with Your use of any Services, including wireless internet, email, text messaging or other charges or fees incurred by You (or any person that has access to his/her Device, telephone number, email address, Profile or other similar information).

Further, the use or availability of certain Services may be prohibited or restricted by Your wireless carrier and/or data access provider, and not all Services may work with all wireless carriers, networks, platforms, services or Devices.

Assignments

This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by You, but may be assigned or transferred by eventNab without restriction, notice or other obligation to You.

ARTICLE 23. Governing Law AND jurisdiction

Governing law of the Agreement

This Agreement and the Your use of the Services is governed by, construed and enforced in accordance with the internal substantive laws of the State of Virginia (notwithstanding such state’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Virginia.

However, some countries may have more protective national consumer laws that could require the Agreement to be governed by such local laws. This paragraph does not override these laws.

Informal conflict resolution

You agree to use reasonable efforts to sort any dispute or conflict informally before filing a claim against eventNab by contacting support@eventnab.com.

The Parties shall work in good faith to resolve the dispute or conflict.

If a dispute is not resolved within three (3) months, either of the Parties may choose to bring a formal proceeding according to the provisions mentioned below.

If You are residing in a country within the European Union, You can access the online dispute resolution platform managed by the European Commission here: https://ec.europa.eu/consumers/odr.

Governing jurisdiction

Both Parties agree that any judicial proceeding brought to resolve a claim regarding the Agreement shall be brought in the federal and state courts located in the State and County of Virginia (notwithstanding such state’s conflict of laws provisions). You may not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum, non-convenience or otherwise.

These provisions apply to US residents to the extent that the arbitration and waiver provisions set forth in the Agreement are not applicable.

If You reside in a country (e.g. Member State of the European Union) which has enforceable laws giving You, as a consumer, the right to bring disputes to the national courts of Your country, the provisions mentioned in this paragraph shall be analyzed in light of Your rights and shall not infringe such laws.

ARTICLE 24. BINDING ARBITRATION AND CLASS ACTION WAIVER (US Users only)

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.

Neither You nor eventNab will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either Party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all Parties to the arbitrations or proceedings.

You and eventNab agree to arbitrate, as provided below, all disputes between the Parties (including any related disputes involving eventNab, its subsidiaries or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights.

“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between You and eventNab concerning the Services or this Agreement, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis.

You and eventNab empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this Agreement or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of this Agreement are void or voidable.

In the event of a dispute, You or eventNab must send to the other Party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the Party giving the notice, the facts giving rise to the dispute, and the relief requested. This notice of dispute must be sent to eventNab LLC, 13873 Park Center Rd STE 55G, Herndon VA 20171, Attention: Legal Department.

eventNab will send any notice of dispute to You at Your contact information. The Parties will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. Either Party may commence an arbitration proceeding after the expiration of such sixty (60) day period. You may instead litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not the Parties negotiated informally first.

If You and eventNab do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.

Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in the State and County of Virginia, provided, however, that if circumstances prevent you from traveling to Virginia, JAMS may hold an in-person hearing in the User’s hometown area.

You and eventNab agree to submit to the exclusive jurisdiction of the State and Federal Courts situated in the State and County of Virginia in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to You individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy Your individual claim.

In accordance with the JAMS Rules, the Party initiating the arbitration (either You or eventNab) is responsible for paying the filing fee. However, if the arbitrator issues You an award of damages and: (a) that award is greater than the amount of eventNab’s last written settlement offer; or (b) if eventNab did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, eventNab will reimburse You for the filing fees You incurred.

Except as provided above with respect to jurisdiction in the State and County of Virginia, nothing in this arbitration provision shall be construed as consent by eventNab to the jurisdiction of any other court with regard to disputes, claims or controversies unrelated to the Services or this Agreement.

ARTICLE 25. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

ARTICLE 26. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

ARTICLE 27. Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: support@eventnab.com

By visiting this page on our website: https://www.eventnab.com/contact-us

By phone number: 703.202.0922

By mail: 13873 Park Center Rd STE 55G, Herndon VA 20171, United States