Last Updated: December 22, 2017
1. Your Acceptance
Throughout this Agreement, the words “Boston Calendar,” “us,” “we,” and “our,” refer to our company, City Calendar, LLC, as is appropriate in the context of the use of the words.
2. User Accounts and Sign-up
Portions of the Platform may require You to create a login or sign-up for an account. You must fully complete the registration process by providing us with Your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where a User creates an account, we may ask You to provide identification so that we may verify Your identity. Where required, Boston Calendar may also assign You a Username and password. You are entirely responsible for maintaining the confidentiality of Your password and account and for any and all activities that occur under Your account. You agree to notify Boston Calendar immediately of any unauthorized use of Your account or any other breach of security. Boston Calendar will not be liable for any losses You incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Boston Calendar or another party due to someone else using Your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Companies may register via the Platform but may only have one User account. If You are registering on behalf of Your company, You represent and warrant that You are authorized by Your company to create an account on Your company’s behalf and You represent and warrant that You are authorized by Your company to incur financial obligations and enter into legally binding agreements on behalf of Your company. Boston Calendar has the sole discretion in granting or denying any accounts.
The Platform allows Users 18 years of age or older to sign up for the Platform.
4. The Platform
The Boston Calendar Platform constitutes an event information, scheduling and ticketing service for Events (defined below) and for Users who are seeking to provide such Events (“Event Organizers”) to other Users of the Platform. The specific services provided by an Event Organizer shall be referred to as “Events.” User agrees that all Event Organizers are independent third party providers and Boston Calendar does not offer or provide any Events. All Events are solely offered by Event Organizers, which may be scheduled through the Platform. Boston Calendar does not employ or screen any such Event Organizers. USER ACKNOWLEDGES THAT BOSTON CALENDAR IS MERELY A PLATFORM AND DOES NOT PERFORM ANY EVENTS AND DOES NOT RECOMMEND OR ENDORSE ANY EVENT ORGANIZER AND DOES NOT PROVIDE ANY EVENTS, ALL EVENTS ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY BOSTON CALENDAR OR BOSTON CALENDAR’S AFFILIATES. BOSTON CALENDAR HAS NO RESPONSIBILITY OR LIABILITY FOR ANY EVENTS PROVIDED TO THE USER BY ANY EVENT ORGANIZERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. BOSTON CALENDAR IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY EVENT ORGANIZER. BY USING THE BOSTON CALENDAR PLATFORM, THE USER AGREES TO HOLD BOSTON CALENDAR FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE EVENTS. BOSTON CALENDAR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING EVENT ORGANIZERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY EVENTS.
6. Access to the Platform
After properly registering for the Platform You shall be granted access to the Platform. You agree to abide by the following restrictions listed below:
Please be aware that this is not an all-encompassing list of restrictions, if You breach any of these restrictions, we may revoke Your access to our Platform, at our discretion. Additionally, we may revoke or restrict Your access to our Platform if we believe that Your actions may harm or have harmed Boston Calendar or the Platform itself. Failure by us to revoke Your access does not act as a waiver of Your conduct.
7. Your Conduct While Using The Platform
When accessing or using our Platform, You are solely responsible for Your use and for any use of the Boston Calendar Platform made using Your account. You agree to abide by the following rules of conduct:
If You are discovered to be undertaking any of the aforementioned actions or if we believe that any of Your actions may harm Boston Calendar’s Platform or business interests Your privileges to use our Platform may at our sole discretion be terminated, revoked, or suspended. Generally, we will provide an explanation for any suspension or termination of Your use of any of our Platform, but Boston Calendar reserves the right to suspend or terminate any account at any time without notice or explanation.
8. Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to You, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We make no uptime guarantees. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.
9. User Content
A User’s ability to submit or transmit any information through the Platform, including but not limited to Event information and details, text, audio messages, videos, photos, images, User trademarks, User intellectual property, or any other information will be referred to as “User Content” throughout this Agreement. All User Content You submit to the Platform will be owned by You. Please be aware that we are not required to host, display, migrate, or distribute any of Your User Content and we may refuse to accept or transmit any User Content. You agree that You are solely responsible for any User Content submitted and You release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. Boston Calendar may not endorse and may not verify, monitor, or restrict any User Content submitted.
When You submit any User Content to us, You grant the Boston Calendar, its partners, affiliates, Users, representatives and assigns a non-exclusive, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of Your User Content for the duration of this Agreement. It is important for You to grant us this license so that we may transmit Your User Content to the Event Organizers on our Platform. Additionally, although You own all User Content submitted by You, we own all layouts, arrangement, metadata and images that are used to render Your User Content through our Platform.
10. User Content Guidelines
We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to You. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content.
When submitting any User Content You agree to the following:
If You have violated any of our User Content Guidelines or if You we believe that any User Content may harm the Platform, Your access to the Platform may be suspended or terminated.
Boston Calendar allows Event Organizers to access the Platform and assists Users in participating in Events from such Event Organizers. Event Organizers may create a listing (“Listing”) that describes the Events offered, the pricing, availability, refund policy, and other information. Users of the Boston Calendar Platform contract for all Events directly with Event Organizers. Boston Calendar is not a party to any contracts for any Events and Boston Calendar does not introduce, endorse, or recommend Event Organizers to Users or vice versa. Any opinions, advice, or information expressed by any Event Organizer are those of the individual and the individual alone and they do not reflect the opinions of Boston Calendar. Boston Calendar does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of the Event Organizer or any Events provided.
BOSTON CALENDAR EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: ANY INTERACTIONS BETWEEEN EVENT ORGANIZER AND USER, THE ACTIVITIES OF ANY EVENT ORGANIZERS, AND ANY LOSS OR INJURY ARISING OUT OF ANY ACT OR OMISSION OF ANY EVENT ORGANIZER, ANY ERRORS OR OMISSIONS IN ANY LISTINGS, AND USER’S USE OF ANY EVENTS. USER HEREBY ACKNOWLEDGES AND AGREES THAT WHILE BOSTON CALENDAR MAY PROVIDE INFORMATION ABOUT AN EVENT ORGANIZER, BASED ON LOCATION, USER REVIEWS, PRICING, OR RELEVANCY; SUCH INFORMATION IS BASED SOLELY ON DATA THAT IS SUBMITTED BY THE EVENT ORGANIZER OR OTHER THIRD PARTIES, AND BOSTON CALENDAR PROVIDES SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF ALL USER’S AND THIS INFORMATION IS NOT AN INTRODUCTION, ENDORSEMENT, OR RECOMMENDATION BY BOSTON CALENDAR OF ANY EVENT ORGANIZER OR ANY EVENTS. BOSTON CALENDAR IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY EVENT ORGANIZERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM YOUR USE OF THE PLATFORM, AN EVENT ORGANIZER’S USE OF ANY USER CONTENT, YOUR INTERACTIONS WITH AN EVENT ORGANIZER, OR YOUR ATTENDANCE AT ANY EVENTS. ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF EVENT ORGANIZERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR EVENT ORGANIZER OR OTHER THIRD PARTIES WHO CAUSED YOU HARM AND YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM BOSTON CALENDAR WITH RESPECT TO SUCH ACTIONS OR OMISSIONS. YOU ARE SOLELY RESPONSIBLE FOR ALL INTERACTIONS WITH ANY EVENT ORGANIZERS.
THE QUALITY OF THE EVENTS FOUND ON THE PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE EVENT ORGANIZER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE BOSTON CALENDAR PLATFORM, YOU MAY BE EXPOSED TO EVENTS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE BOSTON CALENDAR PLATFORM, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE BOSTON CALENDAR PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. BY USING THE BOSTON CALENDAR PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, PLEASE DO NOT USE OUR PLATFORM.
Users may be obligated to pay in advance for the Events they select via the Boston Calendar Platform. Prior to the scheduled Event, we will charge the User's credit card according to the amount the User has agreed with the Event Organizer for the Events. The User hereby agrees to pay for all costs, fees, and expenses listed when purchasing access to any Events. All payments by Users for any Events must be made through the Boston Calendar Platform. User authorizes Boston Calendar or its third party payment processors to charge the credit card on file in the User's account for such amounts listed. Please be aware that we use third party payment processors to process our credit card information. Where there is an agreement between a User and an Event Organizer to modify, extend, shorten, change or refund any purchase, the User bears the responsibility for notifying Boston Calendar, and paying any additional fees associated with such changes. Users must notify Boston Calendar through the Boston Calendar Platform or by contacting us at email@example.com. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and You agree to hold us harmless for any damages that may result therefrom.
13. Event Cancellations and Refunds
Users wishing to receive a refund for any Events are subject to the Event Organizer’s Listing cancellation and refund policy as stated and displayed at the time of purchase. Please be aware that some Listings may not offer refunds. Once a cancellation request is received by Boston Calendar, Boston Calendar will process the request and refund any applicable payments minus any payment processing and transaction fees.
You may cancel Your account at any time via the Boston Calendar dashboard or contacting us at firstname.lastname@example.org. Please be aware that upon termination of Your account, access to portions of our Platform may be become immediately disabled. Termination of this Agreement does not relieve User from any obligation to pay Boston Calendar. Upon termination You will not be entitled to any refunds or proration of any fees paid except as stated in this Agreement. Additionally, You will be required any due and owing outstanding fees for any Events provided by an Event Organizer. We may terminate Your account or this Agreement with You if we determine that: (1) You have violated any applicable laws while using our Platform; (2) if You have violated this Agreement or any other of our Platform policies; (3) if Your account has remained inactive for an extended period of time; or (4) if we believe that any of Your actions may harm Boston Calendar, at our sole decision or discretion. In the event of termination, we will strive to provide You with a timely explanation; however, we are not required to do so. Where termination has occurred, portions of this Agreement shall survive and remain in full force as stated in the “Survival” section of this Agreement.
Depending on the laws of Your jurisdiction You may be taxed for any payments or purchases. Therefore, at the time of payment we may collect all applicable taxes related to Your use of the Platform. In the event that we do not collect the applicable taxes, You agree that You are still responsible for any applicable taxes. Although no taxes may be collected by us You agree that You will pay any applicable taxes or fees to the tax agencies having jurisdiction over You.
If we believe that You have participated in a fraudulent chargeback we will pursue our claims against You to the fullest extent allowed by law. In the event that we believe that a User has submitted a fraudulent chargeback, we will forward Your information to the applicable law enforcement agency and Your fraudulent chargeback may result in either a civil fine or jail time.
17. Idea Submission
Boston Calendar or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Boston Calendar. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Boston Calendar’s products might seem similar to ideas You submitted to Boston Calendar. If, despite our request that You not send us Your ideas, You agree to the following: (1) Your Submissions and their contents will automatically become the property of Boston Calendar, without any compensation to You; (2) Boston Calendar may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Boston Calendar to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
18. Intellectual Property
The name "The Boston Calendar," the design of the Boston Calendar Platform along with Boston Calendar created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein ("Marks"), are owned by or licensed to Boston Calendar. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Boston Calendar reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given You express written permission. All rights not expressly granted are hereby reserved.
19. Representations and Warranties
THE PLATFORM AND ALL EVENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BOSTON CALENDAR, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM INCLUDING EVENT INFORMATION, USER CONTENT, OR ANY OTHER INFORMATION; (C) ANY EVENTS AVAILBLE OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO BOSTON CALENDAR OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. BOSTON CALENDAR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY EVENT ORGANIZERS OR ANY EVENTS THE INCLUSION OF ANY EVENT ORGANIZER OR ANY EVENTS ON THIS PLATFORM DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION BY BOSTON CALENDAR. BOSTON CALENDAR DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND BOSTON CALENDAR SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
BOSTON CALENDAR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY EVENTS, ANY EVENT ORGANIZERS, ANY USER, OR ANY STATEMENTS MADE BY USERS OR EVENT ORGANIZERS, OR RELIABILITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOSTON CALENDAR OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT WITH INCLUDING ANY EVENT ORGANIZERS, USERS, OR OTHER THIRD PARTIESYOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH THIRD PARTIES THAT MAY ARISE FROM YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, EVENT ORGANIZERS, USERS, OR THIRD PARTIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED VIA THE PLATFORM. BOSTON CALENDAR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER, EVENT ORGANIZER, OR OTHER THIRD PARTY.
20. Limitation of Liability
THE EVENT ORGANIZERS PROVIDING EVENTS ON THIS PLATFORM ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF BOSTON CALENDAR. IN NO EVENT SHALL BOSTON CALENDAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, YOUR INTERACTIONS WITH OTHER USERS, OR FROM ANY EVENT ORGANIZERS OR EVENTS, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS RELATED TO YOUR USER CONTENT, (VII) ANY INJURY OR CLAIM THAT OCCURS OUT OF THE USE OF ANY USER CONTENT BY ANY EVENT ORGANIZERS OR (VIII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY, EXCEPT FOR ANY PAYMENTS RENDERED TO EVENT ORGANIZERS, IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOSTON CALENDAR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Boston Calendar’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. The foregoing limitations on liability and any other limitations of liability set forth herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, Boston Calendar shall not be liable for any damages arising out of Your access to or use of the Platform, unless such damages are the result of our negligent or reckless acts or omissions; provided, however, that we shall not be liable for consequential, indirect or punitive damages.
THE PLATFORM IS ONLY A VENUE FOR CONNECTING USERS AND EVENT ORGANIZERS. TO THE EXTENT THAT THE BOSTON CALENDAR PLATFORM CONNECTS A USER TO AN EVENT ORGANIZER FOR THE PURPOSES OF PROVIDING EVENTS, BOSTON CALENDAR WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY EVENT ORGANIZERS AND YOU EXPRESSLY WAIVE AND RELEASE BOSTON CALENDAR FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY EVENT ORGANIZER. YOU RELEASE BOSTON CALENDAR AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE WITH ANOTHER USER, EVENT ORGANIZER, OR OTHER THIRD PARTY. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree to release, defend, indemnify, and hold Boston Calendar and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) Your breach of this Agreement, (ii) Your improper use of the Boston Calendar Platform or any services provided, (iii) Your interaction with any User, Event Organizer, or other third party including without limitation any injuries, losses or damages of any kind arising in connection with or as a result of such interaction, (iv) Your breach of any laws, regulations or third party rights. You agree that this indemnity extends to requiring You to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and You shall be liable for the damages as though we had proceeded with a trial.
23. Age Compliance
Boston Calendar and its Platform may only be used by persons 18 years of age and older. If you are under 18 please do not use or access the Platform.
24. Intellectual Property and Copyrights
We take copyright infringement very seriously. If You believe that any copyrighted material owned by You has been infringed upon by someone using our Platform, please send us a message which contains:
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Boston Calendar, email@example.com
In the event that You receive a notification from Boston Calendar stating content posted by You has been subject to a DMCA takedown, You may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
Please be aware that we may not take any action regarding Your counter-notice unless Your notification strictly complies with the foregoing requirements. Please send this counter-notice to: firstname.lastname@example.org
25. Choice of Law
This Agreement shall be governed by the laws in force in the state of Massachusetts. The offer and acceptance of this contract is deemed to have occurred in Massachusetts.
This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the state of Massachusetts, without giving effect to conflict of laws principles thereof.
Each party agrees that before it seeks mediation, arbitration, or any other form of legal relief it shall provide written notice to the other of the specific issues in dispute (and referencing the specific portions of the Agreement which are allegedly being breached). Within thirty days after such notice, knowledgeable executives of the party or the individuals themselves shall hold at least one meeting (in person or by video- or tele-conference) for the purpose of attempting in good faith to resolve the Dispute. The parties agree to maintain the confidential nature of all disputes and disagreements between them, including, but not limited to, informal negotiations, mediation or arbitration, except as may be necessary to prepare for or conduct these dispute resolution procedures or unless otherwise required by law or judicial decision. The dispute resolution procedures in this Section shall not apply prior to a party seeking a provisional remedy related to claims of misappropriation or ownership of intellectual property, or trade secrets.
Except as provided herein, any and all Disputes arising out of or relating to this Agreement shall be submitted to JAMS for mediation before arbitration or any other form of legal relief may be instituted. Mediation may be commenced by a party providing JAMS a written request for mediation setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS in selecting a single mediator and scheduling a mediation, which should take place within 45 days following a request for mediation. The mediator shall be a retired judge who has had experience with technology disputes. The parties agree that they will participate in the mediation in good faith and share equally in its costs. The mediation shall take place in Boston, MA.
Except as provided herein, any Dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Boston, MA and before a single arbitrator. One arbitrator shall be selected by the parties in accordance with the JAMS Arbitration rules. In any arbitration arising out of or related to this Agreement, the parties agree the arbitrator is not empowered to award punitive or exemplary damages, and the parties waive any right to recover any such damages. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures if the amount in dispute exceeds $250,000 USD and its JAMS Streamlined Arbitration Rules and Procedures when lesser amounts are in issue. The arbitrator shall issue a written reasoned decision. Each party shall bear their own costs in connection with the arbitration, although the arbitrator shall award the prevailing party its reasonable costs and attorneys’ fees.
User has the right to opt out of binding arbitration within thirty (30) days of the date You first accepted this Agreement by notifying us via mail at 1056 Cambridge St., Cambridge, MA 02139 or by email at email@example.com. In order to be effective, the opt out notice must include Your full name, any account information, and must clearly indicate Your intent to opt out of binding arbitration. If You have decided to opt-out of Binding Arbitration, all Disputes after an attempt at Mediation shall be heard in a court of competent jurisdiction located within Suffolk County, MA
27. Class Action
You and Boston Calendar agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that You will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. The foregoing class action waiver does not apply to residents of New Jersey.
28. Relationship of Parties
Boston Calendar provides a Platform which allows You to connect with independent third party Event Organizers. Boston Calendar is not the employer of any Event Organizer. You acknowledge that we do not supervise, direct, or control an Event Organizer’s work or Events performed in any manner. An Event Organizer provides services to You as an independent contractor, and is not an employee, joint venturer, partner, agent, or franchisee of Boston Calendar for any purpose whatsoever and does not represent Boston Calendar and has no authority to bind Boston Calendar to any agreements.
29. Force Majeure
You agree that we are not responsible to You for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement You may have with Boston Calendar are deemed to conflict with each other’s operation, You agree that Boston Calendar shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, content provisions, User representations and warranties, payment provisions, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign Your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
34. Additional Agreements
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email You. You may refuse to agree to the amendments, but if You do, You must immediately cease using our Platform.
36. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Boston Calendar must be sent to our agent for notice to: firstname.lastname@example.org
Lastly, California Users are also 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 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
37. Electronic Communications
The communications between You and Boston Calendar use electronic means, whether You visit the Platform or send Boston Calendar e-mails, or whether Boston Calendar posts notices on the Platform or communicates with You via e-mail. For contractual purposes, You (1) consent to receive communications from Boston Calendar in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Boston Calendar provides to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect Your statutory rights.