EventOrb LLC provides this Internet site, software and related services subject to your compliance with the terms and conditions set forth below. Your continued use of this site and/or EventOrb software evidences your agreement to them. Please read the following information carefully.

Address and Contact Information

Mailing Address:

EventOrb LLC
Attn: EventOrb.com

Fax: (973) 557-2837

Email: info@EventOrb.com

MODIFICATION OF THESE TERMS OF USE

EventOrb reserves the right to change the terms, conditions, and notices under which the EventOrb Services/Software are offered, including but not limited to, the charges associated with the use of the EventOrb Services/Software. If you do not agree to the changes proposed by EventOrb with respect to the EventOrb Services/Software, your sole and exclusive remedy is to terminate your use of the EventOrb Services/Software. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current EventOrb Services/Software shall be subject to these Terms and Conditions of Use.

YOUR CREATED EVENT WEBSITE

An important part of the EventOrb Services/Software is the ability to create web pages and services which are described at www.EventOrb.com. To download the software, create a website and administer events, you must become a Registrant and/or Administrator, as the case may be. To become a EventOrb Registrant or Administrator, you must agree to these Terms and Conditions of Use.

SEEK PROFESSIONAL OR EXPERT ADVICE

No activity described in connection with the EventOrb Services/Software should be engaged in without the prior consent of a physician. Further, EventOrb makes no claims on the safety or appropriateness of any information found on or through the EventOrb Services/Software.


SECURITY

You are responsible for (i) keeping your EventOrb account login and password information confidential, and (ii) restricting access to your computer. You accept full responsibility for all activities that occur within your EventOrb account and/or created profile/event page website.

LINKS TO THIRD PARTY SITES

The EventOrb website and/or your newly created profile/event page may contain links to other websites (“Linked sites”). The Linked sites are not under the control of EventOrb and EventOrb is not responsible for the contents of any Linked site, including without limitation, any link contained in a Linked site, or any changes or updates to a Linked site. EventOrb is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EventOrb of the site or any association with its operators.

THIRD PARTY ADVERTISING

Ads appearing on EventOrb or your created profile/event page website may be delivered to users by EventOrb or one of our web advertising partners. Our web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by EventOrb and does not cover the use of cookies by any advertisers.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the EventOrb Services/Software, you warrant to EventOrb that you will not use the EventOrb Services/Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the EventOrb Services/Software in any manner that could damage, disable, overburden, or impair the EventOrb Services/Software or interfere with any other party’s use and enjoyment of the EventOrb Services/Software. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EventOrb Services/Software.

MATERIALS PROVIDED TO EventOrb OR POSTED AT OR THROUGH THE EventOrb SERVICES/SOFTWARE

EventOrb does not claim ownership of the materials you provide to EventOrb (including feedback and suggestions) or post, upload, input or submit on or through the EventOrb Services/Software (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting EventOrb, its suppliers, and EventOrb’s affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of the EventOrb Services/Software including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. EventOrb is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in EventOrb’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

YOUR USE OF THE EventOrb SERVICES/SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EventOrb SERVICES/SOFTWARE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EventOrb AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EventOrb SERVICES/SOFTWARE AT ANY TIME. ADVICE RECEIVED VIA THE EventOrb SERVICES/SOFTWARE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

EventOrb AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION OR MATERIALS CONTAINED ON OR THROUGH THE EventOrb SERVICES/SOFTWARE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. EventOrb AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EventOrb AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EventOrb SERVICES/SOFTWARE, WITH THE DELAY OR INABILITY TO USE THE EventOrb SERVICES/SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED INFORMATION AND MATERIALS OBTAINED THROUGH THE EventOrb SERVICES/SOFTWARE, OR OTHERWISE ARISING OUT OF THE USE OF THE EventOrb SERVICES/SOFTWARE , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EventOrb OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EventOrb SERVICES/SOFTWARE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EventOrb SERVICES/SOFTWARE.

Unless expressly agreed to in writing by EventOrb, without limiting the foregoing, neither EventOrb nor its suppliers is responsible for any of your data transmitted or stored through the EventOrb Services/Software. You are responsible for backing-up your data and information, whether or not such information is produced, transmitted, or stored through the use of the EventOrb Services/Software.

AGE OF USERS

EventOrb owns and operates the EventOrb Services/Software and these Terms and Conditions of Use only address the activities of EventOrb. Other sites (including those that we link to) and the profile and event page sites of EventOrb registrants and administrators may have their own policies, which we do not control and which are not addressed by these Terms and Conditions of Use.

EventOrb registrants and administrators must be at least 18 years old.

PRIVACY POLICY

EventOrb respects the privacy of its users. The terms and conditions of the EventOrb Privacy Policy can be accessed at the following link http://www.EventOrb.com/privacy.

TERMINATION/ACCESS RESTRICTION

EventOrb reserves the right, in its sole discretion, to terminate your access to the EventOrb Services/Software or any portion thereof at any time, with or without notice.

CONTENT - COPYRIGHT:

All content included on or through the EventOrb Services/Software, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and other materials appearing on or through the EventOrb Services/Software (collectively, “Content”), is the property of EventOrb or its content suppliers: Copyright 2005 EventOrb and/or its suppliers. All rights reserved. All Content is protected by United States and international copyright laws. The compilation of all content on the EventOrb website is the exclusive property of EventOrb and protected by U.S. and international copyright laws. All software used on or through the EventOrb Services/Software is the property of EventOrb or its software suppliers and protected by United States and international copyright laws.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited under such laws, or to any person or entity prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to or through the EventOrb Services/Software any data or software that cannot be exported without prior written government authorization and notification of EventOrb, including, but not limited to, certain types of encryption software.

You acknowledge and hereby agree that the EventOrb Services/Software and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. EventOrb provides you with a non-exclusive, non-transferable, limited license to use the Software, which you agree to use in accordance with these Terms and Conditions of Use. You may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from EventOrb. The Software is owned by EventOrb and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of EventOrb and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. MEMBER MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

TRADEMARKS

EventOrb.com, EventOrb Group and other trademarks or servicemarks displayed or used on or through the EventOrb Services/Software are trademarks of EventOrb, its affiliates, subsidiaries, suppliers, and licensors. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of EventOrb, its subsidiaries, affiliates, suppliers, and licensors appearing on or through the EventOrb Services/Software may not be used without the prior written consent of EventOrb, its affiliates, subsidiaries, suppliers, and licensors, as the case may be. Without limiting the foregoing, no EventOrb trademark or trade dress may be used in connection with any product or service in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits EventOrb.



GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and EventOrb as a result of this agreement or use of the EventOrb Services/Software. EventOrb’s performance is subject to existing laws and legal process, and nothing contained in these Terms and Conditions of Use are in derogation of EventOrb’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EventOrb Services/Software or information provided to or gathered by EventOrb with respect to such use.

If any part of these Terms and Conditions of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions of Use shall continue in effect.

These Terms and Conditions of Use, together with the EventOrb Privacy Policy and any other EventOrb user agreement agreed to by you, together constitute the entire agreement between the user and EventOrb with respect to the EventOrb Services/Software and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EventOrb with respect to the EventOrb Services/Software.

A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and Conditions of Use and all related documents be drawn up in English.

APPLICABLE LAW; JURISDICTION

These Terms & Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Miami-Dade County, Florida, and you consent to the jurisdiction of such courts. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

All references to EventOrb in these Terms and Conditions of Use are intended to include EventOrb LLC, the legal owner and operator of EventOrb.

These Terms and Conditions of Use were last revised June 2006.