It Happens in Alabama. LLC Terms of Service and Use Policy:
For listers, buyers and non-organizers | For organizers
Updated January 10, 2014
Welcome to It Happens in Alabama. It Happens in Alabama enables people to promote happenings and businesses. We make it easy for everyone to discover events and businesses, and to share the events and businesses they are attending or find helpful with the people they know. The following pages contain our Terms of Service, which govern all use of our Services.
1. ACCEPTANCE OF TERMS.
BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN ANDALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY IHIA. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. THIS TOSMAY ONLY BE MODIFIED (A) ON AN EVENT BY EVENT BASIS THROUGH A WRITTEN TICKETING SERVICES AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THIS TOS, SIGNED BY YOU AND AN AUTHORIZED OFFICER OF IHIA, OR (B) BY IHIA AS PROVIDED IN SECTION 1.2 BELOW.
If you will be using the Services on behalf of an entity, you agree to this TOS on behalf of that entity and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity.
THIS TOS INCLUDES (A) AN ARBITRATION PROVISION; (B) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST IHIA; AND (C) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST IHIA THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.
Except to the extent set forth in Section 23.3(i), IHIA reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time (collectively, “Modifications”). Modifications to this TOS will be posted to the IHIA website with a change to the “Last Updated” date at the top of this TOS. In certain circumstances IHIA may, but need not, provide you with additional notice of such Modifications, such as via email or with in-Service notifications. Modifications will be effective 30 days following the “Last Updated” date or such other date as communicated in any other notice to you. It is your responsibility to check this TOS periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to this TOS constitutes acceptance of those Modifications. If any Modification to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. YOUR USE OF THE SERVICES.
2.1 The Services.
It Happens in Alabama hereby grants you a non-exclusive, non-transferable, non-sub licensable, limited right to access and use the Services solely for the purposes of creating an event and related fundraising campaign page with respect to promoting and managing an event or listing that you have registered on the Services, in each case (a) in compliance with this TOS, and (b) to the extent permitted under all applicable laws and regulations (foreign and domestic). 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 or Site Content (as defined below); (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 law); (c) rent, lease, resell, distribute, use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting Event Registration Fees through the Site as an Organizer in accordance with this TOS) or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (e) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted herein are reserved.
If you are allowed to download or use any Software in connection with the Services, IHIA hereby grants you a personal, non-transferable, non-sub licensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by IHIA in conjunction with the Software. For purposes of this TOS, “Software” shall mean any and all software that is available on or through the Site or otherwise provided by IHIA, including without limitation our mobile applications (such as the IHIA app). For clarity, the Software will be deemed a part of the “Services” hereunder).
(b) Export Laws.
The Software and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively; as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this TOS.
(c) Commercial Computer Software.
The Software and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively; as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this TOS.
3. YOUR REGISTRATION OBLIGATIONS.
4. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify IHIA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. IHIA cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that IHIA shall be the sole arbiter of such dispute in its sole discretion and that IHIA’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
5.1 Site Content.
You agree that all material, including without limitation information, data, software, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by IHIA in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. IHIA may own the Site Content or portions of the Site Content may be made available to IHIA through arrangements with third parties. Except as expressly authorized by IHIA in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of IHIA. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
5.2 Your Content.
5.3 Feedback and Revisions.
You hereby acknowledge that any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to IHIA by you (collectively “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by IHIA or otherwise relating to Services (collectively, “Revisions”), are and will remain the property of IHIA. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of IHIA and IHIA may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to IHIA any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At IHIA request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
5.4 Third Party Content.
(a) Third Party Content.
The Services may contain Content belonging to or originating from third parties (“Third Party Content”). Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and you agree that we are not responsible for any Third Party Content posted on or available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Content does not imply approval or endorsement thereof by IHIA.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to:
c/o It Happens in Alabama, LLC
55 Oak Road, Titus, AL
Attn: DMCA Dept.
By Email: firstname.lastname@example.org
6.1 Certain Restrictions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Buyers and other users of the Services. You agree not to use the Services to:
•upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
•harm minors in any way;
•facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with IHIA Raffles, Contests and Sweepstakes Guidelines;
•impersonate any person or entity, including, but not limited to, an IHIA representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
•forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
•upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
•upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
•upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Services and other goods and services being sold or provided in conjunction with such events;
•upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by IHIA (including through the API terms and conditions contained at http://developer.eventbrite.com/terms);
•interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
•intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (a) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (b) laws and regulations (foreign or domestic) regarding the sale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.);
•resell tickets or registrations;
•collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Credit Card” on the order payment page;
•collect social security number, financial account number, drivers’ license number, information covered by the Health Insurance Portability and Accountability Act of 1996, or other sensitive information required to be encrypted under applicable laws or for which disclosure is required in case of a data breach without first obtaining IHIA’s prior written consent; or
•stalk or otherwise harass any person or entity.
6.2 Certain Remedial Rights.
You acknowledge that IHIA does not pre-screen Your Content or Third Party Content in connection with the Services, but that IHIA and its designees shall have the right (but not the obligation) to monitor, alter, edit, or remove any of Your Content, in whole or in part. You acknowledge and agree that IHIA may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of IHIA, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
Should a subscriber choose to cancel a subscription early, the refund price will be based on the amount paid minus the amount of use (prorated time in days). Discounts will be honored, applying only to the closest package under the amount of actual use. No refunds will be made for website downtime that is not the cause or fault of It Happens in Alabama or are beyond our control. To qualify as Downtime, website outage must be more than 7 hours and during normal business hours, CST. Downtime will not be refunded in capital, but will be made up in additional services and promotion.
IHIA may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].eventbrite.com). All such sub-domains are the sole property of IHIA. In the event IHIA provides you with a sub-domain, your right to use such sub-domain may be terminated by IHIA at any time for lack of use or if IHIA believes that you have violated this TOS. If IHIA terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.
8. ADDITIONAL SERVICES.
IHIA may, upon request, and for such fees as IHIA may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation website construction and maintenance, social media set-up and maintenance, consulting, education, assisting you on the date of your event, and providing other avenues of information distribution. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of this TOS. Such additional services shall be set forth in a written Addendum Agreement to this TOS, a written agreement between you and an authorized officer of IHIA, and shall set forth the Service Fees and the other terms and conditions relating to such additional services.
You agree to defend, indemnify and hold IHIA, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a “Claim”) due to or arising out of: your or any of your affiliates’, or any of your or your affiliates’ officers, directors, agents or employees, use of, contribution to or connection with the Services (including Your Content) and/or violation of this TOS and/or event(s). IHIA shall provide notice to you of any such Claim, provided that the failure or delay by IHIA in providing such notice shall not limit your obligations hereunder. IHIA reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting IHIA’s defense of such matter. You will not settle any Claim or matter without the written consent of IHIA.
10. SERVICE MODIFICATIONS/SUSPENSIONS.
IHIA reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. IIHIA will not be responsible to you for a refund, if you are deemed to be in violations of the TOS.
IHIA may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, and block your usage of the site, at any time for lack of use or if IHIA believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that IHIA may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that IHIA shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property protections and licenses).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because IHIA has no control over such websites and resources, you acknowledge and agree that IHIA is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that IHIA shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
12. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IHIA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IHIA MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. IHIA IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND IHIA WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (A) THROUGH (E) ABOVE. YOU ACKNOWLEDGE THAT IHIA HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING BUYERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, IHIA IS NOT AFFILIATED WITH, ANDHAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND IHIA HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT, AND ONLY TO THE EXTENT, PROHIBITED BY LAWS APPLICABLE TO YOU (TAKING INTO ACCOUNT THE CHOICE OF LAW PROVISION OF THIS TOS).
12. LIMITATION OF LIABILITY.
IHIA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EVENTBRITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (C) ANY OF YOUR CONTENT, ANY THIRD PARTY CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES, OR (D) ANY MATTERS BEYOND IHIA’S REASONABLE CONTROL. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF IHIA FOR ALL DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO, ARISING OUT OF OR RELATED TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, SHALL BE LIMITED TO THE SERVICE FEES (NET OF CREDIT CARD PROCESSING FEES) THAT YOU PAID US IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT, AND ONLY TO THE EXTENT, PROHIBITED BY LAWS APPLICABLE TO YOU (TAKING INTO ACCOUNT THE CHOICE OF LAW PROVISION OF THIS TOS).
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE IHIA, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR EVENT.
Notices to you may be made via either email or regular mail to the address in IHIA’s records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at It Happens in Alabama, LLC, 55 Oak Road, Titus, Alabama36080USA, Attn: Corporate Counsel.
16. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of IHIA (the “IHIA Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of IHIA. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with IHIA Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of IHIA specific for each such use. The Trademarks may not be used to disparage IHIA, any third party or IHIA’s or third party’s products or services, or in any manner (in IHIA’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless IHIA approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any IHIA Trademark shall inure to IHIA’s benefit.
17.1 Entire Agreement.
This TOS constitutes the entire agreement between you and IHIA and governs your use of the Services as an Organizer/User, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and IHIA on the subject matter hereof, other than any written Additional Services Agreement or Addendum Agreement between you and an authorized officer of IHIA relating to a specified event or events. You also may be subject to additional terms and conditions when you use Services in a manner other than as governed by this TOS.
17.2 Choice of Law.
This TOS and the provision of the Services to you are governed by the laws of the state of Alabama, U.S.A
(a) Contact Us First.
If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, we each hereby agree to resolve any and all disputes or claims under this TOS or with respect to the Services through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction and only on an individual basis and not as part of any purported class, consolidated or representative proceeding. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief as a court. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court or agency, shall have the authority to resolve any dispute or claim relating to this Section, including, without limitation, the scope, enforceability and arbitrability hereof. This arbitration provision shall survive termination of this TOS.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
•all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
•all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
•all claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
•all claims that may arise after the termination of this TOS and/or your use of the Services.
(d) No Class Actions.
YOU AND EVENTBRITE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTAIVE PROCEEDING ANDMAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
(e) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to IHIA must be addressed to the address in Section 15 above (“Notice Address”) and must be sent by certified mail. The Notice to you must be addressed to a mailing, home, or payment address currently on record with IHIA and must be sent by certified mail. If no such physical address exists, such notice may be delivered to your IHIA account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If IHIA and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or IHIA may commence an arbitration proceeding.
(f) Arbitration Proceedings.
The arbitration will be governed by the Commercial Arbitration Rules (and in addition, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Supplementary Procedures for Consumer Related Disputes) (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), and will be administered by the AAA and settled by a single arbitrator. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this TOS. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and arbitrability of this Section 17. Unless IHIA and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA shall determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction thereof.
(g) Costs of Arbitration; Legal Fees.
Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if (i) you are initiating an arbitration against IHIA, (ii) the value of the relief sought is ten thousand dollars ($10,000) or less, and (iii) you include in the Notice your election to have IHIA pay all filing, administration and arbitrator costs and expenses imposed by AAA, then IHIA will pay such costs and expenses (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then IHIA will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that any of the claims you assert in arbitration are frivolous, you agree to reimburse IHIA for all such cost and expenses that IHIA paid and that you would have been obligated to pay under the AAA rules.
Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration hereunder. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator shall award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) IHIA will not seek to recover its attorneys’ fees and expenses in an arbitration initiated by you, unless the arbitrator determines that one or more of your claims are frivolous. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
(h) Future Changes.
Notwithstanding any provision in this TOS to the contrary, you and IHIA agree that if IHIA makes any future change to this arbitration provision (other than a change to the Notice Address) IHIA will provide you with written notice of such change to your account email address and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
17.3 Waiver; Invalid Provisions.
The failure or delay of IHIA to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
Please report any violations of this TOS by email to email@example.com.
We may freely assign this TOS, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise. You may not assign your rights or delegate your obligations under this TOS. This TOS will inure to the benefit of and will be binding upon each party’s successors and assigns.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this TOS
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the ItHappensinAlabam.com domain name, the “IHIA Website”, or “Website”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF IHIA’ PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.IHIA.com/privacpolicy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the IHIA Website.
2. IHIA Website
3. Website Access
A. IHIA hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without IHIA’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify IHIA immediately of any breach of security or unauthorized use of your account. Although IHIA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of IHIA or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the IHIA servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, IHIA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. IHIA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
IHIA provides a simple and quick means for registered users who are event organizers, planners and business owners or their agents (“Organizers” or “you”) to visit the Site, fill out a questionnaire about their event or business, including pricing, location, inventory, etc.
4.2 Payment Requirements
All payment to IHIA will be made through PayPal at the time of any event or business listing to include and extra services that are requested, as well as special services added in a separate agreement. For reoccurring payments, it is the responsibility of the organizers, planners and business owners or their agents to discontinue the reoccurring payment through their PayPal account.
5. Intellectual Property Rights
The content on the IHIA Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to IHIA, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. IHIA reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, ordistribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Socialvents Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the IHIA Website or the Content therein.
6. User Submissions
A. The IHIA Website may now or in the future permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, IHIA does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize IHIA to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to IHIA, you hereby grant IHIA a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the IHIA Website and IHIA’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the IHIA Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the IHIA Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the IHIA Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant IHIA all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage IHIA or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. IHIA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and IHIA expressly disclaims any and all liability in connection with User Submissions. IHIA does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and IHIA will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. IHIA reserves the right to remove Content and User Submissions without prior notice. IHIA will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. IHIA also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. IHIA may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, 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):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E. You understand that when using the IHIA Website, you will be exposed to User Submissions from a variety of sources, and that IHIA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IHIA with respect thereto, and agree to indemnify and hold IHIA, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. IHIA permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, IHIA may provide an “Embeddable Player” feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the IHIA website on the pages containing the Embeddable Player. IHIA reserves the right to discontinue any aspect of the IHIA Website at any time.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE IHIA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IHIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IHIA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITEAND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY ANDALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IHIA WEBSITE. IHIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IHIA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IHIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL IHIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY ANDALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IHIA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT IHIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by IHIA from its facilities in the United States of America. IHIA makes no representations that the IHIA Website is appropriate or available for use in other locations. Those who access or use the IHIA Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless IHIA, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the IHIA Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the IHIA Website.
10. Service Modifications/Suspensions
IHIA reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the IHIA Website is not intended for children under 13. If you are under 13 years of age, then please do not use the IHIA Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IHIA without restriction.
You agree that: (i) the IHIA Website shall be deemed solely based in Alabama; and (ii) the IHIA Website shall be deemed a passive website that does not give rise to personal jurisdiction over IHIA, either specific or general, in jurisdictions other than Alabama. These Terms of Service shall be governed by the internal substantive laws of the State of Alabama, without respect to its conflict of laws principles. Any claim or dispute between you and IHIA that arises in whole or in part from the IHIA Website shall be decided exclusively by a court of competent jurisdiction located in Elmore County, Alabama. These Terms of Service, together with the Privacy Notice at http://www.ithappensinalabama.com/privacypolicy and any other legal notices published by IHIA on the Website, shall constitute the entire agreement between you and IHIA concerning the IHIA Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and IHIA’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. IHIA reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the IHIA Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND IHIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IHIA WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.