Terms and Conditions
By using this site, you agree to the following terms
Emporium Cooperative Exchange
X RBR X Emporium Cooperative Exchange
RBReed Enterprises.com
X RBR X Enterprises
Overview
The following terms and conditions govern all use by you as an Exhibitor, Organizer, Buyer and all Other Non-Organizers to the Emporium Cooperative Exchange / RBReed Enterprises.com websites and domains (including all WebPages, sub domains and subparts therein contained, the "Site"), any and all services available on or through the Site or otherwise provided by Emporium Cooperative Exchange / RBReed Enterprises.com for your events, and all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by RBReed Enterprises and any other associated organizations with their Terms and Conditions.
The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by RBReed Enterprises BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY Emporium Cooperative Exchange / RBReed Enterprises.com . IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. THESE TERMS AND CONDITIONS MAY ONLY BE MODIFIED ON AN EVENT BY EVENT BASIS THROUGH A WRITTEN TICKETING SERVICES AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THESE TERMS AND CONDITIONS SIGNED BY YOU AND AN AUTHORIZED OFFICER OF RBReed Enterprises.
Modification
RBReed Enterprises.com reserves the right, at its sole discretion, to modify or replace any of the terms or conditions at any time. It is your responsibility to check this periodically for changes. Your continued use of the Services following the posting of any changes to this terms and conditions constitutes acceptance of those changes. If any change to these provisions are not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
Services
RBReed Enterprises.com hereby grants you a non-exclusive, non-transferable, non-sub-licensable right to access and use the Services solely for the purposes of registering after being invited to join events. Additionally, for browsing the Site, and searching for functions and events, for viewing those events and interacting with an event that is registered on the Site, in each case in compliance with this terms and conditions and 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 modify, reproduce or otherwise create derivatives of any part of the Services or Site Content, 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. You cannot rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; nor can you remove or alter any proprietary notices or labels on or in the Services or Site Content. You cannot engage in any activity that interferes with or disrupts the Services; or engage in any fraudulent activity or activity that facilitates fraud.
Software
If you are allowed to download or use any Software in connection with the Services, Emporium Cooperative Exchange. / RBReed Enterprises.com 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 terms and conditions and the written instructions/directions (if any) provided by RBReed Enterprises.com, in conjunction with the Software. For purposes of this term of condition, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by RBReed Enterprises.com or any associated organizations including without limitation mobile and payment applications For clarity, the Software will be deemed a part of the "Services" hereunder.
The Software and the transmission of applicable data are subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.
Payment
Emporium Cooperative Exchange. / RBReed Enterprises. In association with Eventbrite, Square Up and other Third Party payment / collection vendors are bound by their payment systems rules and regulations. Event Exhibitor(s) and Buyers effect the applicable monetary payment transaction through those services, and are bound by the applicable terms of use governing those services. Emporium Cooperative Exchange / RBReed Enterprises.com, considers all payments as final and are due upon demand. (All payments are NON REFUNDABLE after acceptance and payment). Any payments not processed timely in relationship to scheduled events will be subject to cancellation. No reimbursements or payments will be made on any committed engagements based on non performance of duties, services, and responsibilities or inadequate capabilities as stated in their registration for an event.
EXHIBITOR(S) will be billed directly by RBReed Enterprises and should pay their registered and accepted, scheduled event by Check. Arrangements can be made for EFT transactions and or other forms of payment with written communications.
Refunds
It is the responsibility of the Exhibitor(s) to communicate its refund policy to Buyers (participants) and to issue refunds to Buyers, if applicable. If a Buyer desires to request a refund, Buyer must request the refund from the Exhibitor(s). All communications or disputes regarding refunds are between the Exhibitor(s) and Buyer (participants) and RBReed Enterprises.com / Emporium Cooperative Exchange will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Event(s) or Services and or products of the Exhibitors. All communications and disputes regarding chargeback’s and refunds are between the Exhibitor(s) and Buyer. If you are a Buyer (participant) and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Exhibitor(s) directly. RBReed Enterprises.com / Emporium Cooperative Exchange (Organizer) will only issue a credit for a future event or a refund (AT OUR DISCRETION) to a participant, if there is an act of God, or some MAJOR unforeseen circumstance that necessitated a cancellation.
Registration Obligations
To be a registered user of the Services as an Exhibitor you agree to provide true, accurate, current and complete information about yourself (Organization) as prompted by the Site registration form. You need to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RBReed Enterprises.com / Emporium Cooperative Exchange has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RBReed Enterprises.com / Emporium Cooperative Exchange has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). RBReed Enterprises.com / Emporium Cooperative Exchange are concerned about the safety and privacy of all its users. For this reason, and to be consistent with the terms of use of any service provider or other third party service provider, you must be at least 18 years of age, or the legal age of where you reside to register for an account.
Accounts, Passwords 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 (1) immediately notify RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE 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 RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE shall be the sole arbiter of such dispute in its sole discretion and that RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE'S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
Site Content
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE 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. Except as expressly authorized by RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE 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 web site 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 RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE. You shall use the Site Content only for purposes that are permitted by these terms and conditions and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
Your Content
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (1) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (2) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE reserve the right to remove any of Your Content from the Site at any time if RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE believe in its sole discretion that it does not comply with this terms and conditions. In addition, you agree that RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past exhibitor or customer of RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE both on the Site and in marketing and promotional materials. In addition, by accepting a particular Card Scheme payment type (e.g., MasterCard, Visa, American Express), you are authorizing the owner of that Card Scheme and its affiliates to use your name, address and website URL in any media from time to time.
Certain Restrictions
Whether you are using the Services as a Buyer or other Exhibitor or non-Organizer, 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 Exhibitors, Buyers and other non-Organizers. 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 RBReed Enterprises.com / Emporium Cooperative Exchange and EVENTBRITE guidelines and terms and conditions.
Indemnity
You agree to defend, indemnify and hold RBReed Enterprises.com / Emporium Cooperative Exchange, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, 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 Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of these terms and conditions; and/or your violation of any rights of another. RBReed Enterprises.com / Emporium Cooperative Exchange shall provide notice to you of any such Claim, provided that the failure or delay by RBReed Enterprises.com / Emporium Cooperative Exchange in providing such notice shall not limit your obligations hereunder. RBReed Enterprises.com / Emporium Cooperative Exchange 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 RBReed Enterprises.com / Emporium Cooperative Exchange 's defense of such matter.
Disclaimers of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RBReed Enterprises.com / Emporium Cooperative Exchange 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. RBReed Enterprises.com / Emporium Cooperative Exchange MAKES NO WARRANTY THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (5) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. RBReed Enterprises.com / Emporium Cooperative Exchange IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, EXHIBITOR(S), ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND RBReed Enterprises.com / Emporium Cooperative Exchange WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (1) THROUGH (5) ABOVE. YOU ACKNOWLEDGE THAT RBReed Enterprises.com / Emporium Cooperative Exchange 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-ORGANIZER’S, EXHIBITOR(S) AND ORGANIZERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS EXHIBITOR(S) AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
RBReed Enterprises.com / Emporium Cooperative Exchange 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 TERMS AND CONDITIONS, FOR: (1) 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 RBReed Enterprises.com / Emporium Cooperative Exchange HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (3) AMOUNTS IN EXCESS OF US$50.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (4) ANY MATTERS BEYOND RBReed Enterprises.com / Emporium Cooperative Exchange’s REASONABLE CONTROL. RBReed Enterprises.com / Emporium Cooperative Exchange SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES.
Release
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE RBReed Enterprises.com / Emporium Cooperative Exchange, 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, EXHIBITOR’S, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR 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 DEBTOR."
Privacy
All information provided by you or collected by RBReed Enterprises.com / Emporium Cooperative Exchange, in connection with the Services is governed by RBReed Enterprises.com / Emporium Cooperative Exchange, Privacy Policy, a copy of which is located at the bottom of each HOME page on the Web-site, which is hereby incorporated by reference into this terms and conditions. We recommend that you review the Privacy Policy closely. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. RBReed Enterprises.com / Emporium Cooperative Exchange shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. RBReed Enterprises.com / Emporium Cooperative Exchange, does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Buyers, Exibitors, other non-Organizers or otherwise) of the Services.