Benchmark Events Terms of Service - For Registrants

1.1 Summary
The terms and conditions enumerated below refer to all use of Benchmark Events by Event Registrants (otherwise known as ticket buyers and non-organizers). This includes use of Benchmark Events, Benchmark Email and all related Benchmark services (referred to hereinafter as "Benchmark" or "the Services"). All services are owned and operated by Benchmark Internet Group, LLC.

By using or accessing any part of the Benchmark Services, you agree to the terms and conditions contained herein and all other rules and policies that may be published on this or any related Benchmark site. IF YOU DO NOT AGREE TO ANY OF THE TERMS, CONDITIONS AND POLICIES CONTAINED HEREIN, DO NOT USE OR ACCESS THE SERVICES.

1.2 Updates
Benchmark may modify or update the terms and conditions of the Terms of Service at any time. It is the registrant's sole responsibility to check these Terms of Service for updates and revisions.

1.3 Language
Benchmark is an international company with multiple language versions of its site available to clients. The English language version of these Terms of Service (TOS) should be considered the primary TOS document, superseding any subsequent versions should conflicts arise in language translations.

Benchmark Events provides event organizers a suite of tools to advertise events, collect payments or donations for event registration, install registration signup forms on their websites and integrate their social media with their event marketing. All of these features are designed to make the event marketing process easy and convenient for both the event organizer (registered Benchmark users) and for the registrants (also known as ticket buyers or attendees). Payments are transacted via Credit Card, PayPal, Google Checkout or at the door.

This Terms of Service refers to event registrants (also referred to as "ticket buyers" or "attendees").

3.1 The Services
You are granted a non-exclusive, non-transferable, non-sublicensable right to access and use the Benchmark services for the following purposes: (a) browsing Benchmark websites, (b) searching, viewing and registering for events. Furthermore, you are granted these rights provided that you remain in compliance with this TOS, to the extent permitted under all applicable (foreign and domestic) laws and regulations.

You shall not, and shall not permit anyone else to, directly or indirectly: (a) modify, reproduce or create derivatives of Benchmark services or site content, (b) reverse engineer, disassemble or seek out the source code, sequence and organization of any Benchmark services in part or as a whole, (c) rent, lease, resell, distribute or use the services for timesharing or commercial purposes, (d) engage or perpetuate any activity that interferes or disrupts the services, or (e) engage in any fraudulent activity or activity that facilitates fraud.

3.2 Software
For the purposes of these Terms of Service, "software" is defined as all software available from Benchmark, on or in association with Benchmark sites, including applications hosted on other websites (examples include but are not limited to Our Mobile Marketing and Easy List apps). Downloading or using our software is at your sole risk.

When downloading any Benchmark software, you are granted a personal, non-transferable, non-sublicensable, non-exclusive license to use said software solely in connection with the Benchmark services, and only in accordance with these Terms of Service and the directions provided by Benchmark, if any exist. This license may be revoked by Benchmark at any time.

No Benchmark software may be downloaded or exported in violation of U.S. export laws. You are responsible for using the software in a manner that complies with all federal, state and local laws.

4.1 Third-Party Payment Systems
For Organizers that accept payment through Google Payments or PayPal, organizers are bound to the terms of use for these services. Ticket buyers will contact their event organizers or read these third-party terms of service for additional information.

4.2 Refunds
Benchmark is not responsible or liable in any way for refunds, errors in issuing refunds or lack of refunds in connection with the services. Buyers that wish to request refunds must do so from their event organizer. It is the responsibility of the organizer to communicate their refund policy to buyers and to issue refunds to buyers.

As an Event Registrant, you agree to provide accurate, current and complete information about yourself when prompted by a Benchmark Event Registration Form, as well as maintain your Registration Data to keep it up to date. If you provide data that is false, inaccurate, not current or incomplete, or adequate cause is provided for Benchmark to suspect information is false, inaccurate, not current or incomplete, Benchmark may suspend or terminate all of your accounts and refuse to provide you further use of our services.

All Benchmark users (including Event Registrants) must be at least 18 years of age to access Benchmark services.

When registering for the site, you will be asked to create a login name and password. It is your responsibility to keep your login and password confidential. Furthermore, you will be held responsible for all activities and actions that occur while you are logged in.

To prevent fraud, you must take care to log out of your Benchmark account when you finish your session. This will help to prevent fraud. If you suspect or have reason to believe unauthorized use of your login and password has occurred, you will notify Benchmark immediately.

Benchmark cannot be liable for any loss, damage or liabilities incurred by your failure to comply with this section of the Terms of Service. In the event of any dispute between two or more parties as to account ownership, you agree that Benchmark shall be the sole arbiter of such dispute in its sole discretion and that Benchmark's decision (which extends to the termination or suspension of any account subject to dispute) shall be final and binding on all parties.

7.1 Site Content
You agree that all content available through the Services (including but not limited to data, software, text, design elements, information, and graphics) is protected by copyrights, trademarks, service marks, and/or other intellectual property and proprietary rights and laws. All site content is owned or made available through Benchmark, and, except where expressly allowed by Benchmark in connection with the proper site and service functionality, 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 past any site content on any other web site or networked computer environment, for any purpose. Reproducing, copying or distributing any Benchmark content for any other purpose is strictly prohibited without the express prior written permission of Benchmark. You will use the site content only for purposes permitted by this TOS and all applicable foreign & domestic laws and regulations. Any rights not expressly granted herein are reserved.

7.2 Remedial Rights
You acknowledge, as a ticket buyer, registrant or other non-organizer that Benchmark does not pre-screen any content provided or made available by you or any third party in connection with Benchmark Events, but that Benchmark shall have the right to, at their sole discretion, (a) alter or remove any of your content, (b) rescind and terminate your right to use the services at any time, without notice and for any (or no) reason. You acknowledge and agree that Benchmark may preserve your content or disclose it for any reason, and if required by law or in good faith that such preservation or disclosure is necessary to comply with legal processes or enforce this terms of service.

The technical processing and transmission of the services, including your content, may involve transmission over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge and agree to this.

7.3 Your Content
You acknowledge and agree that if you contribute or make available any content to Benchmark, you grant to Benchmark a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to use, reproduce, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise use your content, in whole or in part, in any current or future media, for our purposes. You warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that your content does not violate or conflict with the rights of any third party and complies with all applicable laws and regulations (foreign and domestic).

Benchmark reserves the right to remove your content from the site at any time. You agree that Benchmark 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 customer of Benchmark, both on our sites and in promotional and marketing material.

Whether using Benchmark services as a buyer or non-organizer, you understand that you are liable for all content that you provide or make available through Benchmark, including to other buyers, non-organizers and Event Organizers, and are subject to internet law, regulations, policies and procedures. Furthermore, you shall not engage in unlawful or unethical activities through your use of the Services, including, but not limited to: a) unsolicited surveys, contests or pyramid schemes; b) defamation, libel, slander, abuse, harassment, stalking, embarrassment, threatening acts or otherwise violate the legal rights of any third party; c) publish and/or distribute inappropriate, profane, vulgar, defamatory, infringing, obscene, adult-oriented, pornographic, tortuous, indecent, unlawful, immoral or otherwise objectionable material; d) harm minors in any way, form or manner; e) harvest or collect any information about any third party, including, but not limited to, email addresses, without consent of such third party; f) record conversations or communications between or among any other third parties without the consent of such third parties; g) create false identities for the purpose of misleading any third party as to the identity of the sender of any Message or Event or to manipulate the origin of any Message or transmission of same; h) transmit or upload any content or materials that contain viruses, trojan horses, worms, bots or any other harmful or destructive programs; i) transmit or upload any content or materials that contain software or other content that is protected by Intellectual Property Rights, including, but not limited to, copyright, trademark and patent rights, rights of privacy or publicity, or any other applicable law, unless you are the owner of such rights thereto or have received all necessary consents by the respective owners of such rights; j) transmit or upload any content or material that would encourage conduct that could constitute a criminal offense, civil liability or otherwise violate any applicable local, state, federal or international law, regulation or policy; k) interfere with, disrupt or manipulate the Service, its networks or servers, or violate the regulations, policies and procedures of such networks and servers; l) successfully gain or attempt to gain unlawful and/or unauthorized access to the Services and/or accounts, systems and networks connected to the Services by password mining or other unauthorized means; m) violate any applicable laws, policies or regulations, including, but not limited to, laws relative to the transmission of data or software exported from the United States of America through the Services and/or any other applicable local, state, federal and international law and regulation; n) interfere with any individual, entity, or any other third party's use and enjoyment of the Services; o) use the Services to advertise and/or promote any illegal activities; p) use the Services for illegal purposes; q) use the Services for gambling or betting purposes; r) use the Services to promote the use of alcohol, firearms or tobacco products; s) use the Services to send electronic mail transmissions to any third party that include links to any web site that violates the terms and conditions set forth in this Agreement; or t) engage in any other conduct, activity or behavior that, in Benchmark's sole and exclusive discretion, is considered unauthorized, illegal, immoral or objectionable.

You agree to indemnify and hold Benchmark, subsidiaries, affiliates, officers, agents, representatives, successors, members, principals and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site or services set forth in this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations, obligations and warranties set forth above. Benchmark reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Benchmark.

Benchmark reserves the right to modify, suspend or discontinue its services, temporarily or permanently, at its own discretion. You agree that Benchmark shall not be liable to you or any third-party for such cessation of services.

Benchmark reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services, in whole or in part, by you. You agree that cancellation of your use of the services, in whole or in part, is at the sole discretion of Benchmark. Benchmark shall not be liable to you or any third-party for the termination of your access to our services.

During your interaction with event organizers and Benchmark's services, links to other internet websites or resources may be provided. You agree that Benchmark has no authority over such websites and is neither responsible nor liable for any content, advertising or services available therein. You acknowledge that Benchmark is not responsible or liable for any damage or loss incurred following the use or accessing of such links.

You expressly agree that use of the Services is at your sole risk. The Services are provided by Benchmark on an "as is" and "as available" basis. Benchmark expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Benchmark makes no warranties that the Services will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does Benchmark make any warranty as to the accuracy or reliability of any information obtained and/or downloaded through the use of the Services or that defects in the system and software will be corrected. Benchmark makes no warranty regarding any goods or services purchased or downloaded through the use of the Services or any third-party links or any information obtained or transactions entered into through the use of the Services. No advice or information, whether oral or written, obtained by you from Benchmark shall create a warranty not expressly stated herein. Furthermore, Benchmark makes no warranties concerning the suitability of the content provided through the Services for any purpose.

Benchmark Events Refund Policy
Benchmark does not provide refund services for tickets purchased through Event Marketing accounts. Clients who wish to refund tickets purchased from their Event Marketing accounts must assume all responsibility for returning funds to the ticket purchaser. Refund functionality in the accounts is for accounting purposes only. The refund controls are noted in the account as such.

Benchmark shall not be liable for any damages whatsoever, whether direct, indirect, punitive, incidental, special or consequential, arising out of or in any way connected to the use of the Services or with the delay or inability to use the Services, or for any information, products and services obtained through use of the Services, or otherwise arising out of the utilization of the Services, whether based in contract, tort, strict liability or otherwise, even if Benchmark has been advised of the possibility of said damages. Furthermore, Benchmark shall not be liable for any damages arising from the interruption, suspension or termination of the Services, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent or intentional.

Benchmark's Privacy Policy can be found at the following link: https://www.benchmarkemail.com/email-marketing/privacy-policy.

If you, the ticket buyer, choose to disclose personal information through the Services, Benchmark is not responsible for the actions of event organizers that may lead to that information becoming public. Benchmark is not responsible for protecting such information and is not liable for the protection of information transferred through any internet network you may use.

Any communication you receive from the services will be handled via email. If you would like to contact Benchmark, you may call our toll-free number, located on the site, or email us at support@benchmarkemail.com.

Benchmark solely and exclusively owns all intellectual property and other rights, title and interest in and to the Benchmark services and all content and materials provided to you through the Services, including, but not limited to, text, software, music, sound, video, photographs, graphics and animation (hereinafter referred to as the "Content"). All such content provided by Benchmark and its licensors through the Services is the sole and exclusive property of Benchmark, and any unauthorized use of the content may violate United States federal copyright laws, patent laws, moral rights laws, trade secret laws, confidential information laws, trademark laws, unfair competition laws or other similar rights.

If there is any dispute about or involving the Services provided by Benchmark, by using the Services, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by an arbitrator or mediator and the federal courts of the State of California. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules (including the Emergency Interim Relief Procedures), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You agree to be bound by these terms and conditions, which provide that you desire to resolve disputes relating to Benchmark Internet Group through arbitration; and by agreeing to arbitration, you are giving up various rights, including the right to trial by jury.

If you wish to file a claim against Benchmark for an issue arising from your use of the services, you shall do so within two years of the cause for filing or your claim will be void.

If any term or provision of this Agreement is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provision(s) or part thereof shall be stricken from this Agreement, and such provision(s) shall not affect the legality, enforceability or validity of the remainder of this Agreement. If any provision or part thereof is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.

In consideration of being permitted to access and use the services, you hereby agree to release Benchmark and its employees from all damages (direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind, arising out of or in any way connected with disputes between you and third parties (including buyers, organizers and non-organizers) in connection with the services, your access and use of the services, or any events listed thereon.

You hereby waive California Civil Code 1542 and any other applicable law or statute, which states: "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 or her settlement with the debtor."

This Agreement represents the entire agreement between you and Benchmark with respect to your use of the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Benchmark with respect to your use of the Services.

Report violations of these terms of service to support@benchmarkemail.com.