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Terms of Use and Sale

Welcome to Evenz, a website, web platform and smartphone app for purchasing tickets for events. ("Service"). The Service is owned and operated by Evenz Group, Inc. ("Evenz", "we" and "our").

Please carefully read the following Terms of Use and Sale (the "Terms"). The Terms define your rights and responsibilities regarding the use and purchases made through the Service. The Service is intended for individuals in the US only.

By accessing or using the Service or purchasing tickets offered for sale on our Service, you signify your acceptance to these Terms. If you do not agree to these Terms, you may not access or use the Service in any way, and you must not order any tickets through the Service.

Who we are?

Evenz is a privately-held company, located at Palo Alto, California 94306, United States. You may contact us by email to admin@evenz.com.

About the Service

Subject to these Terms, users may use the Service to order and purchase tickets for events, parking to events, etc. Additionally, please review the following document which forms an integral part of these Terms:
1. Cancellations, Returns and Refunds Policy
2. Privacy Policy
3. Copyright Policy

REGISTRATION AND USER ACCOUNT

The Service is available for registered and unregistered users. Registration can be made directly through the Service and can be optionally made through a third-party provider account, such as Google, Apple and Facebook.

("Third-Party Provider Account").

Upon registration, we explicitly indicate the fields for mandatory completion. You must submit only true, accurate and complete details for your registration. Incorrect or outdated information may prevent you from registering to the Service and impair our ability to provide you with the Service and to contact you.

Tickets

Evenz may change the inventory and variety of tickets on the Service at any time. Therefore, the fact that certain tickets were offered for sale on the Service at some point does not guarantee that they will be offered for sale in the future as well.

Evenz does not guarantee the scope, availability, accuracy or minimal variety of any tickets. If tickets you ordered are unavailable, Evenz will inform you via the Service, phone, or email address you provided. Evenz reserves the right to delay the order as long as reasonably required until the tickets become available, which shall be no longer than the date and time of the event.

Checkout

Tickets you selected to order on the Service will be listed in the Service's "checkout" until you complete the order process or cancel the checkout process, or run out of time to complete the checkout. Evenz may determine a minimum amount for the purchase of tickets through the Service as well as set maximum quantities for the purchase of tickets.

Errors in the Order Process

In order for us to provide you with the tickets you ordered, we must receive your order in a proper and orderly manner, including all the details required to contact you and to provide the tickets to you. Evenz cannot provide the tickets ordered if the order was not properly recorded on its systems, or if it was received incorrectly, even if the source of the fault is in Evenz' computers.

If you do not receive confirmation from Evenz within a reasonable timeframe from the date of the order, by an inside app notification and/or e-mail, it's very likely that there was an error in the order. In this case, we ask that you contact Evenz via the customer support chat in the website, web platform and smartphone app or by email tosupport@evenz.com. We will try to work out the issue and assist you in completing the order or canceling it if you prefer.

Personal Information

If you provide incorrect details when placing your order, we cannot guarantee that the tickets will reach the intended recipient. In the event that the products are returned to us due to incorrect details you provided, you will be charged for delivery (if applicable), handling, reselling and relisting fees. Please be sure to complete accurate and up-to-date information.

The personal details you provide when making your order will be used in accordance with the Service'sPrivacy Policy.

Online Contact Form

When you contact us, you should refrain from sending us inquiries content that is unlawful, sexually explicit, harassing, insulting, hostile, harmful, threatening, rude, racist, offends the public, encourages the commission of a criminal offense, may constitute a basis for prosecution or civil liability, slander, infringes on privacy or constitutes another violation of the law. Evenz reserves the right not to assist those who contact it with inquiries of such a nature.

Prices

The price of each ticket appears on that ticket page. Prices do not include VAT, sales tax, goods and services tax, and other similar taxes unless required by the applicable law. Prices shown do not include handling and service fees, which will be explicitly presented.

Evenz may update the prices of the tickets from time to time and without prior notice. The price valid in relation to the order you placed is the price that was presented when you completed the order process (which includes the completion and approval of payment details information). If you abandoned the ordering process, and returned later to complete it, prices may have been updated in the meantime. In that case, you will be asked to confirm the order under the updated pricing.

Although we make efforts to continuously review the prices listed on the Service, there may sometimes be an error that results in an incorrect price being displayed on the Service. In that case we will contact you after you have placed your order, inform you what the correct price of the tickets and allow you to either confirm the purchase at the correct price, or cancel the order. If you cancel, we will refund the amount you were charged, back to your original payment method. In that case, we will not be under any obligation to supply the tickets to you, and you will not have any complaints against Evenz.

Evenz cannot guarantee that the prices of the tickets on the Service will necessarily be the cheapest, or that the payment or delivery terms will be the most favorable.

All ticket prices include additional service charges and handling fees. We are not directly affiliated with any performer, sports team, or venue, and we do not act as a primary sale box office, unless otherwise stated. By agreeing to these Terms, you agree that the final purchase price for tickets on their order may not reflect the original purchase price of the ticket and may be either higher or lower than the original purchase price, due to additional fees and charges, such as service charges and handling fees, as applicable.

Payments, Payment Terms and Order Confirmation

Payment for tickets is made by third-party payment processors such as Stripe, Apple Pay and Google Pay (each a "Payment Processor"). Evenz reserves the right to support different types of payment methods on the Service and allow the use of additional payment methods. The Service uses the United States's currency (USD) as its base currency, but for ease of use allows users to view items on the Service on their local currency. Our Payment Processors may also allow transactions to be completed in other currencies. Any decision to allow such transactions in other currencies is at the sole discretion of the Payment Processor (and will be displayed prior to checkout on the checkout page). Evenz bears no responsibility in connection therewith, including with respect to any extra costs related to foreign exchange fees.

Once you have entered your payment details and completed the order process, an email confirming that we have received your order will be sent to you, along with a receipt.

If the payment details you provided are not valid, or if the Payment Processor denies the transaction, the transaction will not be completed. If the transaction completes despite one of the foregoing events occurring, Evenz reserves the right to cancel the order after contacting you to update the order.

In addition to the price of the tickets you ordered, an additional service or delivery fee may be charged. They will appear at the end of the order process under the tickets you have chosen to order. The full rates of the fees are calculated based on the address you provided, tickets and Payment Processor.

Evenz may change the service or delivery fees from time to time. The fee applicable in relation to the order you made is the fee that was presented to you when you completed the order process.

Promotions, Benefits and Discounts

Evenz may offer Service promotions, benefits, discounts, and coupons of various types (in accordance with the terms of each coupon as published on the Service or on the coupon itself). Subject to the provisions of any law relating to promotions, Evenz may at any time terminate these promotions, benefits and discounts, or the validity of the coupons, replace them or change them, without the need to provide any prior notice. This does not detract from your right to use coupons or gift cards that have not yet expired in accordance with the amount stated in them.

Please note: Any change in your order details or price, whatever the reason, will be followed by a re-examination of your eligibility for a promotion, benefit, or a discount. Thus, for example, if you purchased tickets and were entitled to a benefit in respect of its purchase, but the tickets were unavailable, you will not be entitled to the same benefit; If you replaced the tickets, which was purchased during a sale, with replacement tickets that did not qualify for the sale, you will not be entitled to the same benefit that applied the purchase of the original tickets; If your order amount has decreased due to the fact that the number of tickets provided to you is different than your original order, your eligibility for the promotion, discount or benefit that would have been granted to you may be denied due to the reduction of the order total price.

These examples do not exhaust the possible changes in your eligibility for promotions, benefits, or discounts on the Service. At the same time, Evenz will try to inform you by phone or email and receive your instructions in case your eligibility for a promotion, benefit or discount is denied or changed due to a change in your order details.

Pictures for illustration only

The images shown in the Service are presented for illustration purposes only. In addition, there may be differences in appearance, color, size, etc. between the images, as presented on the Service, and the events, tours etc. in reality. They do not impose any responsibility on Evenz, or anyone on its behalf.

Event Listings

We do not guarantee the accuracy of event information on the Service, including but not limited to event name, event location or venue, event start time, or event date. Event start times are subject to change without notice. Changes to an event may be done at the discretion of the venue, performer, promoter, event organizer, or other party responsible for the event each of which are unaffiliated with us, and we have no control over such changes, nor can we be liable for any such changes. You will need to visit the website of the event to find out if there have been any time or venue changes.

Ticket Holder Behavior Policy

You agree to abide by all rules and policies of the venue where the event is located. Should you be removed from the event or denied entry for failure to abide by the venue's rules and policies, you shall be subject to all applicable fines and legal or other expenses associated with the removal, and all costs associated with the purchase of event tickets will not be refundable. Further, should the removal result in the loss of our right to use any other tickets, or the right to purchase other tickets, you shall be held liable for all reasonable costs, expenses, and losses associated with said loss, including but not limited to all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.

Warranty for the tickets

Evenz does its best to provide you with quality tickets on time. If you believe that the tickets you purchased through the Service, or the services you received through the Service are not satisfactory in any way, please contact our customer service at support@evenz.com and we will handle your request as soon as practicable. You may also contact us through any other means of customer support communication as detailed on the Service and updated from time to time.

You have the sole responsibility for verifying the suitability of the tickets for your needs.

Evenz completes its obligations to you upon delivery of the tickets you ordered based on the details you provided when placing the order.

Subject to and without derogating from any applicable laws that may apply to you, if the tickets you purchased are unusable through no fault of your own (as outlined in these Terms), your only options are to either replace them or receive a refund.

EVENZ WILL NOT BEAR ANY LIABILITY FOR ANY DAMAGE CAUSED TO YOU DUE TO DELAYS IN DELIVERY, OR AS A RESULT OF THE TICKETS SUPPLIED TO YOU BEING UNUSABLE, UNLESS THE DELAY OR UNUSABILITY OCCURRED DUE TO THE NEGLIGENCE OF EVENZ. IN THAT CASE, THE LIABILITY OF EVENZ WILL BE LIMITED TO THE TOTAL ORDER SUM.

Acceptable Use of the Service

The following terms define the acceptable use of the Service. You agree to abide by all applicable laws when using the Service. You further agree that you are solely responsible for all acts or omissions associated with the access and use of the Service.

While using the Service, you agree to refrain from:

  • Breaching the Terms or any other applicable rules and instructions that we may convey to you with respect to the Service;
  • Interfering with, burdening or disrupting the functionality of the Service;
  • Circumventing or manipulating the operation, or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
  • Using or launching any automated system, including without limitation robots, crawlers and similar applications to collect or compile content from the Service;
  • Displaying the Service or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Service, independently from the web pages on which they originally appear;
  • Displaying content from the Service, including by any software, feature, gadget or communication protocol, which may alter the content or its design;
  • Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
  • Collecting, harvesting, obtaining, or processing personal information of or about other users of the Service;
  • Displaying or linking the Service or any part thereof or from any service that contains pornographic content, content that encourages racism or unlawful discrimination, or that is illegal, or that its publication is illegal or that encourages illegal activity;
  • Linking to content from the Service, which is not the home page of the Service ("Deep Link") and displaying, or publishing such content in any other way, unless the Deep Link is linked to a full web page of the Service as is, so that the use and view of it will be completely identical to using and viewing it on the Service itself.

    • WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE.

    YOUR USE OF THE SERVICE IS AT YOUR SOLE AND FULL RESPONSIBILITY. THE SERVICE IS MEANT TO BE USED AS IS. IT CANNOT BE ADOPTED TO THE NEED OF EACH AND EVERY PERSON. YOU WILL NOT HAVE ANY CLAIMS OR DEMANDS TOWARDS EVENZ REGARDING THE SERVICE FEATURES, CAPABILITIES, LIMITATIONS OR ITS SUITABILITY FOR YOUR NEEDS AND REQUIREMENTS.

    EVENZ MAKES AN EFFORT TO PROVIDE YOU WITH PROPER AND HIGH-QUALITY SERVICE. HOWEVER, EVENZ DOES NOT WARRANT THAT THE SERVICES OFFERED ON THE SERVICE WILL NOT BE INTERRUPTED, PROVIDED PROPERLY OR WITHOUT INTERRUPTIONS, WILL OPERATE WITHOUT ERRORS AND WILL BE IMMUNE FROM UNAUTHORIZED ACCESS TO EVENZ COMPUTERS, DAMAGES, BREAKDOWNS, MALFUNCTIONS OR FAILURES - INCLUDING HARDWARE, SOFTWARE AND COMMUNICATION MALFUNCTIONS TO EVENZ OR ITS SUPPLIERS.

    LIMITATION OF LIABILITY

    TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNLESS OTHERWISE STATED HEREIN, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, CONSULTANTS, SUBCONTRACTORS AND ASSIGNEES (COLLECTIVELY, OUR “STAFF”) SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, CONTRIBUTION, INDEMNITY, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF OR THE INABILITY TO USE THE SERVICE, THE TICKETS OR YOUR USER ACCOUNT.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT IN THE EVENT OF INTENTIONAL MISCONDUCT OR FRAUD, UNLESS OTHERWISE STATED HEREIN, THE TOTAL AND AGGREGATE LIABILITY OF EVENZ AND ITS STAFF, FOR ANY AND ALL DIRECT DAMAGES ARISING FROM OF OR RELATED TO THESE TERMS, THE TICKETS OR THE SERVICE, IS LIMITED TO THE FEES YOU PAID US (IF ANY) FOR THE EVENT PURPORTEDLY GIVING RISE TO OUR LIABILITY.

    Links & Third-Party Services

    The Service may contain links to and products of other services, such as ticket insurance services, their content or other external sources, provided by third-parties. We do not operate or monitor these services, products and content. You may find them, or the information and content posted there not compatible with your requirements, or you may object to their content, or find it to be annoying, improper, unlawful or immoral.

    BY LINKING TO A PARTICULAR SERVICE, PRODUCT OR CONTENT WE DO NOT ENDORSE, OR SPONSOR ITS CONTENT, OR CONFIRM ITS ACCURACY, CREDIBILITY, AUTHENTICITY, RELIABILITY, VALIDITY, INTEGRITY, OR LEGALITY. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR SUCH THIRD-PARTY SERVICES, PRODUCTS OR CONTENT, OR THEIR AVAILABILITY, OR FOR ANY TRANSACTIONS MADE BETWEEN YOU AND SUCH THIRD-PARTY SERVICES.

    Privacy

    Evenz respects your privacy. Our Privacy Policy is accessible through the Service. You can also access it through the following link: Privacy Policy.

    Intellectual Property

    All intellectual property rights associated with the Service and its content, including copyrights, trademarks, trade names, patents, trade secrets, work methods andnprocesses, and any other right, are the sole property of Evenz, or its third-party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Service's computer code and any other element concerning its operation.

    It is forbidden to copy, duplicate, distribute, sell, make available, market, or translate any information, including trademarks, images, pictures, texts and computer code from the Service, without Evenz's prior, explicit and written consent.

    Without derogating from the above, trademarks on the Service (whether registered or not) as well as the Service's domain name are the sole property of Evenz, or respective third-party owners. It is forbidden to use them without Evenz', or their respective third-party owners' prior, explicit and written consent.

    Service Changes and Discontinuation

    Evenz may, from time to time, change the Service's structure, layout, and design, as well as the scope and availability of the information, tickets, and content therein - all without prior notice. Changes of this type by their very nature may result in errors, glitches, or cause inconvenience of some kind. You will have no claim or demand whatsoever against Evenz or our Staff, ensuing from the introduction of aforesaid changes, from errors, glitches or any kind of failure resulting from their introduction.

    Evenz may at any time, in its sole discretion, temporarily or permanently discontinue or suspend the operation of the Service or any part thereof. Evenz is not obligated to give any notice prior to such discontinuation or suspension of the Service. Such discontinuation or suspension will not affect orders you have placed prior to the discontinuation or suspension.

    Changes to the Terms

    Evenz may change the Terms, and the documents that form an integral part of the Terms, from time to time. We will notify you of changes by posting them on our Service or by other means of notification. Your continued use of the Services after the effective date of the amended Terms constitutes your consent to the amended Terms. Changes in the Terms will not apply retroactively to tickets purchased prior to the effective date of the amendments.

    Indemnification

    You agree to indemnify and hold Evenz, its managers, directors, shareholders, employees, sub-contractors, agents, and anyone acting on their behalf, harmless in respect of any claim, demand, damage, loss, loss of profit, payment, settlements or expense they incur (including attorney's fees and legal expenses) in connection with your breach of the Terms, or your violation of any right of a third- party in connection with the Service or the tickets.

    APP MARKETPLACE

    Your use of the Service may be subject to additional third-party terms and conditions that govern the App marketplace from which you downloaded the Service, such as Apple App Store and Google App Store ("Stores"). Apple, Google and other operators ("Stores Operators") are not responsible for providing you with the Service or any maintenance or support services with respect to it.

    You and Evenz agree and acknowledge as follows:

  • These Terms are concluded between yourself and us, and not the Stores Operators. The Stores Operators are not responsible for the Service. In the event of a conflict between these Terms and the Stores' terms of service, the Stores' terms of service shall prevail solely with respect to the conflicting provisions.

  • The license granted to you in the Service is a limited, non-transferable license to use the Service on any Stores Operators' branded products that you own or control, as permitted by the Store Operators' terms of service.

  • Stores Operators have no obligation to furnish any maintenance and support services with respect to the Service.

  • To the maximum extent permitted by applicable law, the Stores Operators will have no warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at the Stores Operators' responsibility.

  • The Stores Operators are not responsible for addressing any claims by you or any third-party relating to the Service or your possession and/or use of the Service, including (i) product liability claims, (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising from consumer protection or similar legislation.

  • In the event of any third-party claims that the Service or your possession and use of the Service infringes that third-party's IP Rights, the Stores Operators will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.

  • You must comply with applicable third-party terms when using the Service (e.g., you must not be in violation of your wireless data services agreement when you use the App).

  • The Stores Operators and their subsidiaries are third-party beneficiaries of these Terms. Upon Your acceptance of these Terms, the Stores Operators will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

    • Governing Law and Dispute Resolution

    Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service and purchase of tickets will be governed by and construed solely in accordance with the laws of the State of Delaware, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Delaware.

    If you have a complaint about the Service or to us, please first contact us at support@evenz.com. We will carefully review and consider your complaint.

    SUBJECT TO THE EXCEPTIONS BELOW, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND EVENZ REGARDING THESE TERMS OR THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SETTLED THROUGH BINDING ARBITRATION (RATHER THAN IN COURT) BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WITHOUT IN-PERSON APPEARANCE, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA), UNDER ITS CONSUMER ARBITRATION RULES, OR, IF YOU ARE AN ORGANIZATIONAL CUSTOMER, THEN UNDER ITS COMMERCIAL ARBITRATION RULES (WHICH ARE AVAILABLE AT WWW.ADR.ORG). THE SUBSTANTIVE LAW OF ARBITRATION SHALL BE THE LAWS OF THE STATE OF DELAWARE.

    JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

    HOWEVER, YOU MAY LODGE CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIM QUALIFIES.

    THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS.

    THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

    PAYMENT OF FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES. THESE FEES WILL BE SHARED AS FOLLOWS: ONE THIRD BY YOU AND TWO THIRDS BY US, UNLESS THE ARBITRATOR: (I) DETERMINES THAT THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE THE CLAIMANT SHALL BEAR ALL SUCH FEES ARISING FROM THE FRIVOLOUS CLAIM; OR (II) DETERMINES THAT THE FEES SHOULD BE ALLOCATED DIFFERENTLY.

    THE ARBITRATION WILL BE A CONFIDENTIAL PROCEEDING. NEITHER PARTY WILL MAKE ANY PUBLIC ANNOUNCEMENT OR PUBLIC COMMENT OR RELEASE ANY PUBLICITY CONCERNING THE ARBITRATION INCLUDING THE FACT THAT THE PARTIES ARE IN DISPUTE, THE EXISTENCE OF THE ARBITRATION OR ANY DECISION OR AWARD OF THE ARBITRATOR. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EVENZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

    YOU MAY OPT-OUT OF THE ABOVE ARBITRATION CLAUSE BY EMAILING US TO support@evenz.com, WITHIN SEVEN (7) DAYS OF YOU ENTERING INTO THESE TERMS FOR THE FIRST TIME, AN OPT-OUT NOTICE THAT IDENTIFIES YOURSELF AND CLEARLY SETS OUT YOUR CHOICE TO OPT OUT OF DISPUTE RESOLUTION BY ARBITRATION. IN CASE OF SUCH OPT-OUT, ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES BETWEEN YOU AND US REGARDING THESE TERMS OR THE USE OF THE SERVICE, WHICH ARE NOT AMICABLY RESOLVED, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE COURTS IN NEW CASTLE COUNTY IN THE STATE OF DELAWARE, USA AND THE FEDERAL DISTRICT COURT FOR THE DISTRICT OF DELAWARE.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, EITHER PARTY MAY ASSERT: (A) AN IMPLEADER CLAIM AGAINST THE OTHER PARTY IN ANY COURT OF COMPETENT JURISDICTION ADJUDICATING A THIRD-PARTY CLAIM THAT IS SUBJECT TO THE INDEMNITY CLAUSE IN THESE TERMS; AND (B) A COURT CLAIM FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF, IN ANY COURT HAVING GENERAL OR SPECIFIC JURISDICTION OVER THE DEFENDANT.

    General

    These Terms, including the additional documents referenced explicitly herein, constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements, and statements.

    Failure on our part to ensure performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

    The following sections shall survive termination of these Terms: Acceptable Use of the Service, Intellectual Property, Indemnification and Governing Law.

    You may not assign, transfer, or delegate your rights or obligations under the Terms without our prior written consent. Any attempted or actual assignment, transfer, or delegation by you, without our prior consent, shall be null and void. Where necessary due to a merger, acquisition, change of control or the sale of all or substantially all of Evenz' equity or assets, Evenz may, upon notice to you, assign, transfer, and delegate these Terms, in their entirety, including all of its rights, performance, duties, liabilities and obligations contained herein. With such assignment, transfer and delegation, Evenz is irrevocably released from all its duties, liabilities, and obligations herein, provided that your rights under these Terms will not be violated by the assignment.

    If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

    Last Updated: May 2024