Terms of Service

UPDATED: JUNE 11, 2018

We appreciate your interest in Key Events (the “Company”), your visit to our websites and applications hosted by or on behalf of Key Events (“Company’s websites”), and your use of our meeting, event and destination planning services (“Services”) which may be provided through Company’s websites.  These Terms of Service set forth the basic terms and conditions that govern your access to and use of Company’s websites and Services.  By accessing or using Company’s websites or Services, you agree to be bound by these Terms of Service and all disclaimers, terms and conditions provided on Company’s websites or through Company’s Services now or in the future (“Terms”).

These Terms may be updated by us at any time.  Changes to these Terms will be effective immediately upon posting of the updated Terms on our website.  Your continued use of our website or Services following the posting of the updated Terms shall indicate your acknowledgement and agreement to be bound by the new changes including any and all modified disclaimers, terms and conditions.

Nothing contained in these Terms is intended to modify or amend any other written agreement you may have with us (“Other Agreements”), if any, which may currently be in effect.  In the event of any inconsistency between these Terms and any Other Agreements, the Other Agreements will govern.

Your compliance with these Terms and all Other Agreements is a condition to your right to access and use Company’s websites and Services.  Your breach of any provision of these Terms or Other Agreements will automatically revoke and terminate your right to access and use Company’s websites and Services without notice or other action.  If you do not agree to abide by these Terms for any reason, your sole and exclusive remedy is to discontinue using Company’s websites and Services.

Privacy

For information on how Key Events collects, uses, and distributes personal information through Company’s websites and Services, please review our Privacy Policy at www.keyevents.com.  Your use of Company’s websites or Services indicates your consent to the data practices stated in our Privacy Policy.

Website Content

All content included in Company’s websites, such as text, images, graphics, logos, articles and other materials, is the property of Company or others and is protected by United States and international copyright and other laws.  We may, at our discretion, modify or discontinue any of the content of Company’s websites with or without notice.  All trademarks and logos displayed on Company’s websites are the property of their respective owners, who may or may not be affiliated with Company.

Nothing contained in Company’s websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content or trademark displayed on Company’s websites without the written permission of Company or such other third party that may own the same.  Nothing in these Terms shall constitute a waiver of any trademark, copyright or other intellectual property rights.

Limited License and Restrictions on Use

Company grants you a limited license to access and make personal use of Company’s websites and not to download (other than page caching), reproduce or modify any portion of thereof, except upon our express written consent.  This license does not include any commercial use of Company’s websites or their contents; any collection and use of any product or service listings, descriptions or prices; any derivative use of Company’s websites or their contents; or any use of data mining, robots or similar data gathering and extraction tools.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including but not limited to images, text, page layout, or form without our express written consent.  You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without our express written consent.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any Company’s logo or other proprietary graphic or trademark as part of the link without our express written permission.  If you seek permission for any rights restricted above, please contact us at registration@keyevents.com .

You warrant that your use of Company’s websites shall not violate or facilitate any violation of any applicable local, state, federal or international law, statute, regulation, code or ordinance.  The above limited licenses and our permission for your use of Company’s websites shall automatically terminate if you breach any terms or conditions contained in these Terms or Other Agreements.

Links from Other Websites

Company’s websites may contain links to, or may be linked from, other websites that are not maintained by us and to which we have not provided permission.  We do not endorse, have any responsibility for, or make any representations about, any other websites, including their products and services, content, communications and use policies.  Company does not claim any responsibility for the content or suitability of third party websites and expressly disclaims any responsibility for your access to or use of such websites.

Use of Company’s Services

Company provides meeting, event and destination planning services, including related lodging, transportation and meal services, which may be provided through Company’s websites (“Services”).  If you register for Company’s Services or otherwise create an account on any of Company’s websites for the facilitation of Company’s Services on your or another person’s behalf, you agree to provide and maintain true, accurate, current and complete information about yourself or the other person as prompted by Company’s websites.  Registration data and certain other information about you are governed by our Privacy Policy.  If you are under 13 years of age, you are not authorized to use Company’s Services, with or without registering.  In addition, if you are under 18 years old, you may only use Company’s Services, with or without registering, with the approval of your parent or guardian.

Login I.D. and Passwords

Access to specific areas of Company’s websites or to Company’s Services may require the use of a Login I.D. and associated password.  If you have a Login I.D. and password, you are responsible for the activities which occur in connection with their use and agree to take reasonable steps to protect them from misuse.  If you become aware of any unauthorized use of, loss or theft of your Login I.D. or password, you must immediately inform us at registration@keyevents.com.  Company will not be responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section of the Terms.

Disclaimer & Limitation of Liability

ALL INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH COMPANY’S WEBSITES AND ALL SERVICES PROVIDED IN CONNECTION WITH ANY OF COMPANY’S WEBSITES ARE PROVIDED AS-IS, AS-AVAILABLE AND WITH ALL FAULTS.  TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON­INFRINGEMENT.

BY USING COMPANY’S WEBSITES OR SERVICES, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK.  YOU ALSO ACKNOWLEDGE THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY EXPENSES, DAMAGES, LOSSES OR LIABILITIES OF ANY KIND RELATED TO (A) YOUR USE OF OR INABILITY TO USE COMPANY’S WEBSITES OR SERVICES, OR (B) YOUR RELIANCE ON OR USE OR INABILITY TO USE ANY INFORMATION, MATERIALS OR SERVICES IN CONNECTION COMPANY’S WEBSITES; INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY, OR ANY OTHER BASIS (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH EXPENSES, DAMAGES, LOSSES, OR LIABILITIES).  FURTHER, COMPANY RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF COMPANY’S WEBSITES OR SUSPEND OR TERMINATE YOUR USE OF ANY OF COMPANY’S WEBSITES OR SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity and Release

You agree to release, indemnify and hold harmless Company and its affiliates and their officers, employees, directors and agents from any from any and all expenses, damages, losses and liabilities, including reasonable attorneys’ fees, arising out of or relating to your use of Company’s websites, their content and Services provided in connection therewith, or your violation of these Terms, applicable law, or any rights of a third party.  If you are a California resident, you agree to 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you agree to waive any comparable statute or doctrine.

Governing Law and Venue

You agree that your use of Company’s websites and Services, and any controversies, disputes, demands, claims or causes of actions relating thereto (“Disputes”), shall be governed in all respects by the laws of the State of California, without giving effect to its conflict of laws principles.  Any and all Disputes that are not arbitrable pursuant to the Arbitration Agreement below, shall be adjudicated in a state or federal court in San Francisco County, California, and you consent to exclusive jurisdiction and venue in such courts.

Class Action Waiver

You agree that if any dispute should arise between you and Company, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.

Arbitration Agreement

You and Company mutually agree that any and all Disputes of any kind (including the arbitrability thereof and the interpretation and scope of this clause) arising out of these Terms, our Website Privacy Policy, or your use of Company’s websites or Services will be resolved through binding and confidential arbitration pursuant to the American Arbitration Association (“AAA”) in accordance with AAA Commercial Arbitration Rules (www.adr.org/commercial) and Supplementary Procedures for Consumer­Related Disputes (www.adr.org/consumer).  Any claim must be brought on an individual basis and seek no class relief.   This section shall also be construed as a written agreement to arbitrate a dispute of any kind between you and us that may arise through the use of Company’s websites or Services and that this section satisfies the writing requirement of the Federal Arbitration Act.  The hearing shall be conducted in San Francisco County.  For any claim in which you or we seek US $10,000.00 or less, the claimant shall have the choice as to whether the hearing is conducted in person, by telephone, or instead, that the arbitrator shall decide the dispute without a hearing.  Both you and us shall equally split the costs and fees of the arbitration and of the arbitrator.  This section does not apply to disputes that are not arbitrable by law.

Notwithstanding the foregoing, either you or we may alternatively bring an individual action in small claims court.  Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret will not be subject to this arbitration agreement.  Such claims will be exclusively brought in the state or federal courts located in San Francisco County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek interim equitable relief before the state or federal courts located in San Francisco County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located there for such purpose. A request for interim equitable relief will not be deemed a waiver of the obligation to arbitrate.

Miscellaneous Provisions

The failure of Company to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Company’s rights with respect to such breach or any subsequent breaches.  Section headings used herein are for convenience only and have no legal or contractual effect.  The word including means including without limitation.  If any terms or provision of these Terms are for any reason held to be void, invalid or unenforceable, the other terms and provisions of these Terms will be unimpaired and those of the invalid or unenforceable provision will be construed so that it is enforceable and maintains its original intent to the fullest extent permitted by law.