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Terms of Service
The following Terms of Service (TOS) apply to the
online event management service (the Service) offered
by Event Launcher®Corporation (Event Launcher).
The TOS govern all aspects of your use of the Service, all messages
and information you transmit through the Service, and your interaction
with Event Launcher. The TOS states the entire agreement between
you and Event Launcher and supersedes any earlier written or oral
agreements, representations, marketing materials, or other communications.
AGREEMENT. By signing the Event Launcher Contract submitted to
you by Event Launcher Corporation, and/or using the Service, you
agree to be bound by the TOS.
DESCRIPTION OF SERVICE. The Service currently consists of:
preparing invitations to professional events based on your selection
of a pre-designed standard temple or a custom-designed invitation
template;
transmitting invitations by e-mail directed to the invitees you
designate for your events at the e-mail addresses you provide;
automatic collection of online RSVPs;
transmitting reminder messages by e-mail to invitees who have
not RSVPed within the applicable time period; and
maintaining a database of invitees and their response status.
LIMITED ACTIVITIES AND ABILITY TO CONTROL. Event Launcher is not
a publisher or republisher of the messages transmitted to it.
Event Launcher reserves the right, but does not assume responsibility,
to monitor or review your conduct on the Service or any messages
or information transmitted through the Service. Except in unusual
cases, Event Launcher does not:
review, inspect, evaluate, qualify, censor, screen, alter, or
otherwise process the content of the messages transmitted through
the Service (other than messages created by Event Launcher);
screen, qualify, or otherwise evaluate users of Service or their
invitees;
verify or otherwise evaluate the addresses contained in or specified
for the messages transmitted through the Service;
archive or store messages on a long-term basis; or
operate or control servers, routers, networks, or other components
making up the Internet or other networks or systems connected
to the Internet.
PASSWORD AND SECURITY. Information relating to your account and
your events will be maintained in password protected areas. Upon
registering with the Service, you will choose or be assigned a
password to access your account and event information. You are
responsible for maintaining the secrecy of your account and password.
You agree to notify Event Launcher immediately upon learning of
any unauthorized use of your account, disclosure, theft, or unauthorized
use of your password, or any other breach of security. You may
select a new password or be reminded of your password if necessary.
RESPONSIBILITY FOR ACCOUNT. You agree to pay all charges that
accrue in connection with your account in accordance with the
schedules and other fee information posted on eventlauncher.com
or in your contract. You accept full responsibility for all activities
that occur in connection with your account.
USER CONDUCT. You agree not to use the Service for any illegal
purpose or in any illegal manner, nor to harass, threaten, or
injure others, nor to interfere with or disrupt networks or computers
connected to the Service. Among other things, you agree not to:
transmit any unlawful, tortious, infringing, harassing, defamatory,
abusive, threatening, harmful, vulgar, obscene, sexually explicit,
or otherwise objectionable material;
create a false identity or otherwise mislead others as to the
identity of the sender or the origin of a message;
use the Service in connection with so-called junk e-mail
or other unsolicited advertising, chain letters, surveys, contests,
pyramid schemes, or any use of distribution lists to any person
who has not given express permission therefor;
transmit or upload any material that contains a virus, Trojan
horse, worm, time bomb, cancelbot, or other harmful code;
attempt to gain unauthorized access to the Service, other accounts,
or computer systems or networks connected to the Service, through
password mining or any other means; or
engage in any other conduct which, in Event Launchers discretion,
is illegal or objectionable.
WAIVER. You waive and release all claims against Event Launcher
arising out of or in connection with the Service or any messages
or information that were or should have been received or transmitted
through the Service.
INDEMNIFICATION. You agree to defend and indemnify Event Launcher,
its affiliates, officers, directors, shareholders, employees,
and agents, against all claims, actions, damages, liabilities,
losses, and expenses, including reasonable costs and attorneys
fees, arising out of or relating to your use of the Service, any
messages or information you transmit through the Service, your
violation of the TOS, or any other acts or omissions on your part.
NO WARRANTIES. THE SERVICE AND ALL INVITATIONS, RESPONSES, MESSAGES,
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THIS
WEB SITE ARE PROVIDED "AS-IS" AND WITHOUT WARRANTY OF
ANY KIND. EVENT LAUNCHER DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT,
WITH RESPECT TO THE SERVICE AND ALL MESSAGES AND INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THIS WEBSITE. Event Launcher does not
warrant that invitations, responses, reminders, or other messages
transmitted to the Service will be received by their intended
recipients (either within the time desired or at all), that messages
will be free from objectionable content, or that any specific
response rate will be achieved.
EXCLUSION OF DAMAGES. EVENT LAUNCHER SHALL NOT IN ANY EVENT BE
LIABLE TO YOU, YOUR BUSINESS, OR YOUR INVITEES FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR OTHER
DAMAGES ARISING IN CONNECTION WITH THE SERVICE. This exclusion
applies to all damages, including but not limited to lost revenues
or profits, business interruption, and loss of data, even if EVENT
LAUNCHER has been advised of the possibility of such damages,
and regardless of the legal theory asserted.
Some jurisdictions do not allow the exclusion or limitation of
implied warranties or consequential damages, so some of the above
exclusions may not apply to you.
NO LIABILITY. Event Launcher shall no have liability of any kind
to you or to users of the Service, to intended recipients of messages
transmitted or expected to be transmitted by Event Launcher, or
to other parties:
in connection with the operation, failure to operate, or malfunctioning
of the Service;
for the content of any invitation, response, reminder, or other
message;
for failure of any invitation, response, reminder, or other message
to reach its intended recipient(s) or for any delays in transit;
or
for corruption or other alteration of any invitation, response,
reminder, or other message.
MODIFICATIONS. Event Launcher may modify the TOS or the charges
for the Service, and may modify or discontinue the Service, at
any time without liability, effective upon posting on the eventlauncher.com
website. Any further use of the Service after posting of a change
to the TOS, the charges, or the Service will constitute your acceptance
of the change. If you object to any terms of the TOS or any changes
to the TOS, or if you become dissatisfied with the Service in
any way, your only recourse is to discontinue use of the Service.
TERMINATION. Event Launcher reserves the right, in its sole discretion
and with or without notice, to de-activate any user account and/or
terminate, suspend, or disable access to all or any portion of
the Service at any time and for any reason. Upon de-activation
of your account or termination or suspension of the Service, your
right to use the Service will cease immediately, and Event Launcher
will have no obligation to transmit, forward, or provide any messages
or information to you or any third party. Event Launcher will
make every effort inform you and make necessary arrangements to
streamline this transition, should the need for this action arise.
DISPUTES. All disputes arising under this Agreement or in connection
with your use of the Service or any messages or information transmitted
through the Service or on this website shall be resolved in the
state or federal courts serving Reston, Virginia, or such other
location at which Event Launcher may maintain its corporate headquarters,
except that preliminary injunctions or other interim relief may
be obtained in any court of competent jurisdiction. You consent
to the exclusive jurisdiction and venue of such courts and waive
any right to file or maintain a lawsuit in any other court. Any
lawsuit must be filed within two years after the cause of action
accrues.
GENERAL. The TOS shall be governed by and construed in accordance
with the laws of Virginia and the United States of America, without
giving effect to choice of law provisions. If any provision of
the TOS is held to be unenforceable by a court of competent jurisdiction,
the provision shall be construed to effect as nearly as possible
the intention of the parties, and the other provisions of the
TOS shall remain in full force and effect. Event Launchers
failure to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision in the
absence of an express written waiver signed by Event Launcher.
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