Terms of Service Agreement for Users
THIS IS EXPO (the “Company”,”us”,”we” or”our”)provides certain event services to organizers of, exhibitors at and attendees of conventions, conferences and other events, through, among other things, our premium toll free vanity telephone number 1-THIS IS EXPO (1844-747- 3976), proprietary technology, in-bound call processing platform, Text/SMS messaging platform, web technology, software, and mobile applications, including our web application.www.thisisexpo.com (the ”Website”) and our mobile application (under development as of 07/07/2017) and any mobile application owned by the Company and used by you in connection with products and services provided by the Company (collectively, the ”App”).
THESE TERMS AND CONDITIONS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. SEE SECTION 24 (LIMITATION ON LIABILITY), SECTION 25 (LIMITATION ON TIME TO FILE CLAIMS), AND SECTION 29 (DISPUTE RESOLUTION), BELOW.
3. Accessing the Services
We reserve the right to withdraw or amend the Services, and any service, product or material we provide through the Services, in our sole discretion without notice. WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE WEBSITE, APP OR ANY SERVICE OR PRODUCT ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Services.
4. Becoming a User, Organizer, Exhibitor or Attendee
(a) Becoming a User. You become a user of the Services (“user”) by accessing, downloading, viewing, using or registering with the Website or the Mobile App (when available).
(b) Becoming an Organizer. A user may create an event, which may include an exposition, a convention, conference or other event (an “Expo”). A user that creates an account with the Website or the Mobile App as an organizer for an Expo becomes the “Organizer” for that Expo.
(c) Becoming an Exhibitor. A Person that is a potential exhibitor at an Expo will be invited by email, SMS/Text (or other means of communication) by the Organizer of the Expo or us to create an account with the Services as an exhibitor of the Expo or purchase rights to display one or more exhibition booths/stalls at the expo, or sponsor the expo, or buy one or more tickets to the Expo through the Services using the identification code, keyword or link for such Expo. Such Person becomes a user by accessing the Website or the Mobile App (when available), and such user becomes an exhibitor for the Expo by creating an account with the Website or the Mobile App for such Expo (an “Exhibitor”).
(d) Becoming an Attendee. A Person that is a potential attendee will be invited by email, SMS/Text (or other means of communication) by the Organizer of the Expo or us to create an account with the Services as an attendee of the Expo or purchase one or more tickets to the Expo through the Services using the identification code, keyword or link for such Expo. A user that creates an account with the Website or the Mobile App to become an attendee of the Expo, including by purchasing one or more tickets to the Expo through the Website or the Mobile App (when available), becomes an attendee for the Expo (an “Attendee”).
5. Fees, Pricing and Payment
(a) Creation of an Account. There is no fee to register with the services to create a user account, whether as an Organizer, Exhibitor or Attendee.
(b) Additional Users. There is no fee to Organizers and Exhibitors for the registration of additional users on the Website or Mobile App.
(c) Lead Retrieval Services.
(i) Lead Retrieval Price Payable by Exhibitors. The price payable by Exhibitors for an Expo will be as set forth on the Website or Mobile App.
(ii) Baseline Lead Retrieval Price (for Organizers only). The Company’s baseline price for lead retrieval services for an Expo, which will be accessible and visible only by the Organizer of the Expo, will be set forth on the Website or App, or in the Service Agreement or Merchant Agreement between the Company and the Organizer.
(d) Ticket Prices Payable by Attendees. The price of tickets for an Expo payable by Attendees will be as set forth on the Website or App.
(e) Ticket Prices and Processing Fees (for Organizers only). The ticket price to be charged to Attendees for an Expo will be determined and set by the Organizer of such Expo, and will be set forth on the Website or App, or in the Service Agreement or Merchant Agreement between the Company and the Organizer. The Company will assess a ticket processing fee to Organizers, which will be set forth on the Website or App, or in the Service Agreement or Merchant Agreement between the Company and the Organizer.
(f) Third-Party Payment Processor Fee. Credit card payments will be processed by a third- party payment processor, which is currently Stripe. Stripe assesses a processing fee, which is included in price for the Company’s services or products set forth on the Website or App, or in a Service Agreement or Merchant Agreement between the Company and the Organizer. Information regarding Stripe’s payment processing services is available at https://stripe.com. For further information regarding our third-party payment processer, see Section 6 (Payments and Payment Processing), below.
(g) Taxes. Prices set forth on the Website or App, or in the Service Agreement or Merchant Agreement between the Company and the Organizer do not include taxes. You are responsible for the payment of all taxes.
(h) Badge Printing Services Available Through Avery. The Company has an arrangement with Avery whereby Organizers may link to Avery’s web application available at www.avery.com to print attendee badges for Events using Avery’s web application. The Company is not affiliated with Avery. All pricing and costs of printing using Avery’s web application will be as set forth on Avery’s web application and will be payable to Avery in accordance with Avery’s terms and conditions and/or pricing or payment policies. See Section 8(b) (Printing of Badges through Avery), below, for further details regarding the use of Avery’s printing services through its web application.
6. Payments and Payment Processing
Terms of payment are within our sole discretion as set forth on the Services. All payments must be made by Organizers, Exhibitors and Attendees by credit card at the time the Company’s products and services are purchased. We accept Visa, MasterCard, Discover, American Express, Diners’ Club, and JCB for all purchases.
All payments are facilitated through a third-party payment processing service. Our current third party payment processor is Stripe. Information regarding Stripe’s payment services are available at https://stripe.com. The Company may, in its sole discretion, change its third-party payment processor at any time.
If you are an Organizer, payments will be remitted to you through a Stripe Connect Managed Account if (i) the remittance of payment to you is provided for in the Service Agreement or Merchant Agreement between the Company and you or (ii) the remittance of payment to you is provided for on the Website or the App, including if tickets to an Event will be sold through our Website or App. In such case, payment processing will be subject to the Stripe Connected Account Agreement available at https://stripe.com/us/connect-account/legal,which includes the Stripe Terms of Service available at https://stripe.com/us/legal (collectively, the “Stripe Services Agreement”). By agreeing to the Service Agreement, Merchant Agreement or through the Website or the App for services or products that will use a Stripe Connect Managed Account, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Services enabling the Connect Managed Account payment processing services through Stripe, you agree to provide the Services accurate and complete information about you and your business, and you authorize the Company and the Services to share it and transaction information related to your use of the payment processing services provided by Stripe. If payments are to be received by your though a Stripe Connect Managed Account, then payments will be remitted to you by Stripe in accordance with our payment terms in your Service Agreement or Merchant Agreement or the terms of our Website or App and the Stripe Services Agreement.
7. Disputes, Chargebacks and Refunds.
Occasionally, a user may dispute a credit card charge in connection with a payment made through the Services.
(a) Organizers and Exhibitors. If you are an Organizer or Exhibitor that was incorrectly charged solely due to a systems error of the Website or the App, then the Company will refund you the incorrect amount in full.
(b) Attendees. If you are an Attendee, all refunds are handled by the Organizer of the Event in accordance with the Organizer’s refund policy. The Company is not responsible for handling or communicating an Organizer’s refund policy or processing refunds, including for any errors processing a refund, the failure to provide a refund, the failure of an Organizer to communicate about a refund, or any chargebacks related to a refund.
(a) Badges for Expos. Attendees will be issued physical or electronic badges (which may be
issued, accessed and/or used at Expo or through the App, when available) that will identify the
Attendee using an identification code provided for such Attendee issued by the Organizer or
the Company (as applicable). The Organizer will be responsible for printing and providing
badges to Attendees unless the Organizer has otherwise contracted with the Company to do
so. Attendee’s badges will be scanned by Organizers and/or Exhibitors when Attendees attend
an Expo. Information regarding the Attendee, which may include the Attendee’s name or
personal information and other information provided by the Attendee to the Company through
the Services will be disclosed and transferred to such Organizer or Exhibitor (as applicable). If
you are an Attendee, you consent to the disclosure and transfer of such information to theOrganizer or Exhibitor.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS RELATING TO THE PRINTING OF BADGES, OR USE OF ANY BADGES.
(b) Printing of Badges Through Avery. The Company has an arrangement with Avery
pursuant to which Organizers may link to Avery’s web application available at www.avery.com to
print badges for Expos using Avery’s web application. Your use of Avery’s web application will
conditions available at www.avery.com/avery/en_us/Legal (or a successor webpage) and such
other terms and conditions as may otherwise be applicable to Avery’s web application or its
services or products. All pricing and costs of pricing using Avery’s web application will be as set
forth on Avery’s web application, in its pricing policy available
at www.avery.com/avery/en_us/Legal (or successor webpage) or in such other terms and
conditions as may otherwise be applicable to Avery’s web application, or its services, products,
or pricing. All information regarding the Organizer, the Expo, Attendees or otherwise
transferred to Avery in connection with its printing services will be governed by Avery’s Privacy
Policy available at www.avery.com/avery/en_us/Legal (or a successor webpage) or such other
terms and conditions or policies that may apply with respect to Avery’s web application,
services or use of such information. You consent to our transfer of your information (including
personal information) to Avery.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS RELATING TO THE PRINTING OF BADGES, OR USE OF ANY BADGES.
9. Representations and Warranties of Organizer Regarding Expo, Venue and Exhibitor
If you are an Organizer, you represent and warrant that (a) you are authorized to disclose and transfer the names, trademarks, logos and other intellectual property relating the Expo and information relating to the Expo, the venue at which the Expo is or will be held, and potential and actual Exhibitors and Attendees that you disclose and transfer to the Company and that the Company is authorized to use names and information in connection with the services and products provided by the Company, including the Services, and (b) you have obtained all required consents from the owners of such intellectual property for the Company to use such intellectual property.
10. Intellectual Property Rights.
The Services, including contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
If you wish to make any use of material on the Services other than that set out in this section, please address your request to firstname.lastname@example.org
(b) Use of the Organizers’ Marks by the Company; User of the Company’s Marks by Organizers. If you are an Organizer:
(ii) License by Organizer to the Company for Marketing Purposes. In addition, you grant the Company a perpetual, limited, world-wide, non-exclusive, non-transferable, royalty-free right and license to use Organizer’s Marks to publically advertise or market Expo’s service and product offerings, including without limitation, identifying you as a customer (or words of similar import) of the Company, and displaying or publishing your Marks on our media for advertising, marketing or promotional purposes.
12. Prohibited Uses.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure or send any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability. Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
- Attack the Services via a denial-of- service attack or a distributed denial-of- service attack.
- Otherwise attempt to interfere with the proper working of the Services.
13. User Contributions.
The Website or App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, Expo or Expo session materials, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license as indicated above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
14. Monitoring and Enforcement; Termination.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
15. Content Standards.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
16. Copyright Infringement.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy https://www.thisisexpo.com/copyright-policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
17. Reliance on Information Posted.
The information presented on or through the Website or App is made available solely for
general information purposes. We do not warrant the accuracy, completeness or usefulness of
this information. Any reliance you place on such information is strictly at your own risk.
WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE OR APP, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
The Website and App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
18. Changes to the Website or Mobile App (when available).
We may update the content on the Website or App from time to time, but its content is not necessarily complete or up-to- date. Any of the material on the Website or App may be out of date at any given time, and we are under no obligation to update such material.
19. Information about You and Your Visits to the Website.
20. Linking to the Services and Social Media Features.
The Website or App may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website or App.
- Send e-mails Text/SMS or other communications with certain content, or links to certain content, on the Website or App.
- Cause limited portions of content on the Website or App to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or App or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
- Link to any part of the Services other than the homepage of the Website or the sub-webpage of the Website applicable to an Expo with respect to which you are NOT an Organizer, Exhibitor or Attendee.
21. Links from the Website and App (when available).
If the Website and App contain links to other sites and resources provided by third parties,
these links are provided for your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored links. We have no control
over the contents of those sites or resources, and accept no responsibility for them or for any
loss or damage that may arise from your use of them.
IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE OR APP, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES.
22. Geographic Restrictions.
The owner of the Website and App is based in the State of California in the United States. We provide the Website and App for use only by Persons located in the United States. We make no claims that the Website and App or any of its content is accessible or appropriate outside of the United States. Access to the Website and App may not be legal by certain persons or in certain countries. If you access the Website and App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
23. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the internet or the Services will be free of viruses or other destructive code.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE SERVICES, AND YOUR USE OF THE SERVICES (INCLUDING THE WEBSITE AND THE APP),THEIR CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, CONTENT OF THE WEBSITE OR APP, AND ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
24. Limitation on Liability.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE
BETWEEN THE COMPANY AND YOU, YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY
SERVICES LINKED THERETO, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA,
AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
25. Limitation on Time to File Claims.
The Company provides a platform in which Organizers, Exhibitors and Attendees can transact. However, the Company could not function if it were held responsible for the actions or inactions of different Organizers, Exhibitors, Attendees and/or third parties both on and off the Services. THEREFORE, AS AN INDUCEMENT TO THE COMPANY PERMITTING YOU TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE THE COMPANY, AND ITS PARENT AND AFFILIATES AND SUBSIDIARIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, 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 USERS) IN CONNECTION WITH THE SERVICES OR ANY EVENT LISTED ON THE SERVICES. IN ADDITION, YOU WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
28. Governing Law.
29. Dispute Resolution.
(b) Small Claims Court. Notwithstanding anything in Section 29(a), above, to the contrary, you may elect to pursue your claim in small claims court of any state, province or jurisdiction of having competent jurisdiction (which court need not be located in Orange County, California), rather than arbitration if you provide us with written notice of your intention to do so; provided that the small claims court proceeding will be limited solely to your individual dispute or controversy. However, if such claim is transferred, removed or appealed to a different court, we may then choose to arbitrate, and you must submit the dispute or controversy to arbitration in accordance with Section 29(a), above.
30. Waiver and Severability.
32. Entire Agreement.