TERMS OF SERVICE

 

Welcome to RecurEvent! RecurEvent (as defined below) is provided by RecurEvent, LLC. ("we", "our" or "us"). These terms of service (these "Terms of Service") govern your ("you" or "your") access to and use of the www.RecurEvent.com website and its subdomains (the "Website"), downloadable applications we make available to you (Collectively, the "App"), and all software and services provided by us via the Website and App (collectively, "Services"). RecurEvent enables individuals to order gifts, cards, and services from online merchants and e-commerce sites ("Merchant"). If you are a customer of a Merchant (a "Customer"), instead of waiting till the last minute to buy gifts, cards, or services, for an event ("Event," represents birthdays, anniversaries, graduations, Christmas, and any other holiday or special event or celebrated event). You can now get notified weeks in advance or before the event and be presented with an on-demand shopping experience. Customers can order gifts, cards or services from our platform. The Merchant will recognize your online behavior, friends social information, and any other relevant information that would be helpful in suggesting gifts for Events, depending on preferences.

 

Please read THESE TERMS OF SERVICE carefully, as THEY contain an Agreement to Arbitrate, which requires that you and RecurEvent, LLC arbitrate certain claims BY BINDING, INDIVIDUAL ARBITRATION instead of going to court and limits class action claims, unless you opt out of the Agreement to Arbitrate as described in the arbitration section (see Section 21 "Agreement to Arbitrate"). ACCEPTANCE OF TERMS PLEASE REVIEW THESE TERMS OF SERVICE BEFORE USING RecurEvent mobile, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. If you are viewing this on your mobile device, you can also view THESE TERMS OF SERVICE via a web browser at www.RecurEvent.com/terms-of-service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN DO NOT USE RecurEvent. BY USING RecurEvent, YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OLD AND HEREBY INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF SERVICE.

 

We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to RecurEvent; provided that any such changes shall only apply to your use of RecurEvent after the date of such change, unless you expressly accept retroactive application of such changes, via a click-through, signed agreement or otherwise.

 

SCOPE OF SERVICE; NO AFFILIATION WITHCHARITIES OR SPONSORS

 

We may alter, suspend, or discontinue RecurEvent in whole or in part, at any time and for any reason, without notice. RecurEvent may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use RecurEvent, you must have a device with Internet access that can access our App. When using RecurEvent, your telecommunications carrier's normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of use of RecurEvent. You are responsible for ensuring that, at all times while using RecurEvent, you are not in violation of your agreement with your telecommunications carrier. Please note that we are not owned by any of the Merchants, nor do we own any of the Merchants.

 

LICENSE TO USE; PRIVACY POLICY. Subject to these Terms of Service and any other agreement by you and us, we grant you a limited, personal, nonexclusive, nontransferable, non-sub-licensable, revocable license to install and use the App on a compatible mobile device for your personal, non-commercial purposes and use our Website, in each case, solely in the manner enabled by us. Your license to use RecurEvent is automatically revoked if you violate these Terms of Service.

 

From time to time, we may upgrade RecurEvent or make improvements to RecurEvent. You agree that these Terms of Service will apply to all such upgrades or improvements. The foregoing license grant is not a sale of the App or the Website or a sale of a copy of the App or the Website, and we and our partners and suppliers retain all rights and interest in RecurEvent. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void. We reserve all rights not expressly granted under these Terms of Service.

 

Our Privacy Policy, (the "Privacy Policy"), describes the collection, use and disclosure of data and information by us in connection with RecurEvent. The Privacy Policy, as may be updated by us from time to time in accordance with its terms, is hereby incorporated into these Terms of Service, and you hereby agree to the collection, use and disclosure practices set forth therein.

 

OUR SERVICES

 

Merchant Discovery and Announcements. If you are a Customer, you can discover Merchants online and view real-time deals and specials.

If you are a Customer, you can order gifts, cards, or services from the Merchants listed in our online marketplace using our App. Make and save a favorites list of items, gifts, cards, or services to order at a later date.

Merchants manage all orders and transactions. Customers are driven to Merchants by Company's mobile patent-pending ordering platform. This method eliminates payment processing and direct point of sale entries for RecurEvent. Merchants receive back-end analytics based on transactional data trends that allow them to optimize sales, enhance marketing, and drive sales with targeted and direct advertising.

As set forth in Section 2, we reserve the right to alter, suspend or discontinue RecurEvent or your access to RecurEvent in whole or in part, at any time and for any reason, without notice.

 

FEES

 

Customers: At the present time, there is no fee associated to using our app.

 

 

NO LIABILITY FOR MERCHANT; NO LIABILITY FOR CUSTOMER BEHAVIOR

 

We do not accept any liability for the products or services provided by Merchants or for the behavior of Customers. If you are a Customer, you hereby release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with any products or services provided to you by a Merchant. If you are a Merchant, you hereby release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with any behavior or conduct by a Customer. If you are a California resident, in connection with the above release, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his settlement with the debtor." RecurEvent

 

CONTENT; UPLOADED CONTENT

 

Subject to these Terms of Service and any other agreement between you and us, we hereby grant you a limited, personal, nontransferable, nonexclusive, non-sub-licensable, revocable license to access and use the Content, solely within the scope of your status as a User, and subject to any restrictions on certain types of Content set forth in these Terms of Service. "Content" means all information, text, images, data, links, or other material posted on the sections of RecurEvent that are (i) publicly available or (ii) which RecurEvent permits you to access, whether created by us or provided by a third party for display on RecurEvent. Content includes without limitation the information provided to Customers regarding a Merchant or to Merchants regarding a Customer.

 

You understand that the Content that is posted on RecurEvent is used by you at your own risk. If you have submitted Content, you may remove, modify or alter such Content at any time, through functionality that we make available on RecurEvent app. You hereby grant to RecurEvent a sub-licensable, transferable, worldwide, non-exclusive license to copy, modify, alter, translate, adapt, make derivative works of, publicly perform, display and otherwise use any Content you make submit to us. We reserve the right to make changes to Content, descriptions or specifications of RecurEvent, or other information without obligation to issue any notice of such changes. Nothing contained on RecurEvent should be construed as granting, by implication, estoppel, or otherwise, any license or right to use RecurEvent or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on RecurEvent.

 

 

 

 

 

PROHIBITED CONDUCT

 

As a condition of your use of RecurEvent, you will not use RecurEvent for any purpose that is unlawful or prohibited by these Terms of Service. You may not use RecurEvent in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party's use of RecurEvent. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through RecurEvent.

 

You agree not to use false or misleading information in connection with your user account or impersonate any other person living or dead, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party). In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person to use RecurEvent to:

 

a)    Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by RecurEvent mobile.

b)    Use a name or language that we, in our sole discretion, deem offensive.

c)     Post defamatory statements.

d)    Post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious, or other group.

e)    Post Content that depicts or advocates the use of illegal drugs.

f)      Post Content that characterizes violence as acceptable, glamorous or desirable.

g)    Post Content, which infringes another's copyright, trademark or trade secret.

h)    Post unsolicited advertising or unlawfully promote products or services.

i)      Harass, threaten, stalk or intentionally embarrass or cause distress to

another person or entity.

j)      Promote, solicit, or participate in any multilevel marketing or pyramid schemes.

k)     Exploit children less than 18 years of age.

l)      Engage in disruptive activity, such as sending multiple messages in an effort to monopolize a forum.

m)  Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).

n)    Solicit personal information from children under 13 years of age.

o)    Encourage conduct that would constitute a criminal or civil offense. We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative. You agree not, and will not permit any person or entity to:

(i)    Use, or allow the use of, RecurEvent for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations;

(ii)   Act in a fraudulent, tortious, malicious, or negligent manner when using RecurEvent;

(iii) Obtain unauthorized access to any computer system through RecurEvent;

(iv) Introduce viruses, worms, Trojan horses and/or harmful code to RecurEvent; and

(v)  Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of RecurEvent or any Content. We reserve the right, without prior notice and in its sole discretion, to decide whether your use of RecurEvent violates these Terms of Service for any of the above reasons or for any other reason, and if we do so, we may terminate your access to RecurEvent.

 

INDEMNIFICATION

 

By using RecurEvent, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (collectively, "Claims"), including without limitation attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your provision of any Content, your use of RecurEvent and/or (any User or other third party's use of any Content that you submit via RecurEvent. At our option, you agree to defend us from any such Claims.

 

INTELLECTUAL PROPERTY RIGHTS

 

By using RecurEvent, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (collectively, "Claims"), including without limitation attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your provision of any Content, your use of RecurEvent and/or (any User or other third party's use of any Content that you submit via RecurEvent). At our option, you agree to defend us from any such Claims.

 

COPYRIGHT INFRINGEMENT; DMCA POLICY

 

If you believe that any materials on RecurEvent infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: Identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; Identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Website or location in our App or other pertinent information that will help us to locate the material; Your name, address, telephone number, and email address; A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; A statement that the information in your claim is accurate; and A statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. Our agent for copyright issues related to RecurEvent is: Jerry McElroy, 639 Natoma Street, Unit A, San Francisco, CA 94103. For all concerns relating to copyright issues please email privacy@RecurEvent.com. In an effort to protect the rights of copyright owners, we reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.


LINKS TO THIRD-PARTY WEBSITES.

 

RecurEvent may contain links to third party websites. These links are provided to you as a convenience, and we are not responsible for the content of any linked third party website. Any third party website accessed from RecurEvent is independent from us, and we have no control over the content of that website. In addition, a link to any third party website does not imply that we endorse or accept any responsibility for the content or use of such website. Use of any third party site is subject to its terms of service and privacy policy. We request that Users exercise caution and good judgment when using third party websites.

 

PROVIDERS OF THIRD PARTY PLATFORMS.

 

You hereby acknowledge and agree that all of our licensors, suppliers or other

third parties: (i) are not parties to these Terms of Service; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to RecurEvent; (iii) are not responsible for addressing claims by you or any third party relating to RecurEvent, including without limitation any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that RecurEvent or use thereof infringes any third party intellectual property rights.

 

DISCLAIMER

 

Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of Content, your reliance on information from RecurEvent, information provided by a User or by your use of RecurEvent. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through RecurEvent. RecurEvent AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM RecurEvent ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: THE INFORMATION AVAILABLE THROUGH RecurEvent IS FREE OF ERRORS; THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR THE DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY RecurEvent WILL BE UNINTERRUPTED, SECURE,

OR FREE OF ERRORS; DEFECTS WILL BE CORRECTED, OR THAT RecurEvent OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES AND LICENSORS

CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. LIMITATION OF LIABILITY. Disclaimer. IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF RecurEvent mobile, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF RecurEvent, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Limitation. OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OF SERVICE, SHALL NOT EXCEED THE GREATER OF (I) $10.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, IN THE THENPRIOR TWELVE (12) MONTH PERIOD. Exclusions. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. JURISDICTIONAL ISSUES.

 

We make no representation that information on RecurEvent is appropriate or available for use outside the United States. Those who choose to access RecurEvent from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. By using RecurEvent, you consent to having any Content you provide, your Login Credentials and any personal information that you provide as part of the account creation process transferred to and processed in the United States subject to the restrictions on such data as provided in our Privacy Policy posted through RecurEvent from time to time.

 

MODIFYING AND TERMINATING SERVICE

 

We may terminate your access to RecurEvent, in our sole discretion, for any reason and at any time, upon electronic notice to you at the e-mail address provided by you at registration or that you subsequently update. You agree that we are not liable to you or any third party for any termination of your access to RecurEvent. We may change and update RecurEvent from time to time. We may add or remove features including without limitation making free services into Premium Services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change RecurEvent at any time without prior notice.

 

 

 

 

 

 

UNSOLICITED IDEAS AND FEEDBACK

 

We may terminate your access to RecurEvent, in our sole discretion, for any reason and at any time, upon electronic notice to you at the e-mail address provided by you at registration or that you subsequently update. You agree that we are not liable to you or any third party for any termination of your access to RecurEvent. We may change and update RecurEvent from time to time. We may add or remove features including without limitation making free services into Premium Services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change RecurEvent at any time without prior notice.

 

GOVERNING LAW; DISPUTE RESOLUTION.

 

These Terms of Service, and any dispute between you and us, shall be governed by the laws of the State of Nevada without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section 21 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Clark County, Nevada, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. Except for the foregoing exceptions, you and we agree to submit to the personal jurisdiction of the courts located within Clark County, Nevada for the purpose of litigating all such claims or disputes. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.

 

AGREEMENT TO ARBITRATE; WAIVER OF CLASS ACTION

 

Except if you opt-out or for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) or for items (1)-(3) set forth in Section 20, you agree that all disputes between you and us (whether or not such dispute involves a third party) arising out of or relating to these Terms of Service, RecurEvent, and/or our Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Clark County, Nevada, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and we hereby expressly waive trial by jury. You and we shall appoint as sole arbitrator a person mutually agreed by you and us or, if you and we cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms of Service. Any claims brought by you or us must be brought in that parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

 

Neither you nor us will participate in a class action or class-wide arbitration for any claims covered by these Terms of Service. You hereby waive any and all rights to bring any claims related to these Terms of Service and/or our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf. You may opt out of this Agreement To Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding.

 

To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your RecurEvent account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate.

 

You must use this address to opt out: RecurEvent, Inc. ATTN: Arbitration Opt-out 639 Natoma Street, Unit A, San Francisco, CA 94103. Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms of Service, such termination shall not be effective until thirty (30) days after the version of these Terms of Service not containing the Arbitration Procedures is posted to RecurEvent, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal. This Arbitration section will survive the termination of your relationship with us.

 

MISCELLANEOUS.

 

You may not assign or transfer your rights or obligations under these Terms of Service in whole or in part to any third party without our consent. These Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party.

 

These Terms of Service contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms of Service on RecurEvent. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

 

 

MINORS

 

RecurEvent is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use RecurEvent only in conjunction with and under the supervision of a parent. In this case, the parent is responsible for any and all activities of such minor. If you are a parent or guardian and you discover that your child has created an unauthorized account on RecurEvent, please contact us at privacy@RecurEvent.com and we will remove the account.

 

FOR ADDITIONAL INFORMATION.

 

If you have any questions about these Terms of Service, please contact us at info@RecurEvent.com or via www.RecurEvent.com. Copyright © 2016, RecurEvent, LLC, All Rights Reserved.