© 2019 by EventSet, LLC.

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TERMS OF USE AND SERVICE

TERMS OF USE

 

Welcome to EventSet.co (“Website”). These “Terms and Conditions” outline and define our online relationship with you, the website user.

 

The use of the EventSet.co website (this “Website”) and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies, and terms and conditions of sale appearing on this Website. Your use of this Website in any manner, whether browsing, offering your thoughts and ideas, activating an account with us, or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them, and that disputes that may arise under them will be governed by the laws of the State of New Hampshire, without giving effect to any conflict of law principles.

 

EventSet, LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website.

 

You may access and view the content appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark, or other proprietary notices contained on the content, (b) do not modify or alter the content in any way, and (c) do not make the content available to any third party. EventSet reserves complete title and full intellectual property rights in any Content that you download from this Website.

 

You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (a) misrepresenting the identity of a user; (b) tampering with this Website; and (c) conducting fraudulent activities.

 

PRIVACY POLICY

EventSet’s use of personal information that you may submit to through this Website is governed by the EventSet Privacy Policy, which is posted for your review separately on this Website.

 

ELECTRONIC COMMUNICATIONS

When you visit EventSet.co or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COMMERCE AND CONTRACTS WITH MINORS

EventSet does not openly engage in commerce or seek contracts with minors, but will sell and rent to adults, who have legal capacity. If you are under 18, you may visit EventSet.co only with involvement of a parent or guardian. EventSet reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if EventSet believes that user conduct violates applicable law or is harmful to the interests of EventSet or its affiliates.


COPYRIGHT/TRADEMARK

All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EventSet and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of EventSet and protected by U.S. and international copyright laws. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from EventSet. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EventSet and our affiliates without express written consent.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless EventSet and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by EventSet arising out of or relating to your use of the Website, your violation of this Agreement, or your violation of any rights of another.

THIRD PARTY URL LINKS

EventSet may link to third-party sites. EventSet has no control over linked sites. These sites are for your convenience only and must be accessed at your own risk. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval, or responsibility for the content on, or the use of, such Third Party Site.

RISK OF LOSS

All items purchased from EventSet are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT AND SERVICE INFORMATION AND DESCRIPTIONS

EventSet attempts to be as accurate as possible. However, EventSet does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by EventSet itself is not as described, your sole remedy is to refuse use prior to engagement. Unless otherwise stated, the prices displayed on the Website are quoted in U.S. Dollars.

 

DISCLAIMER OF WARRANTIES AND LIMITED LIABILITY

THIS WEBSITE IS PROVIDED BY EVENSET ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVENTSET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVENTSET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVENTSET DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM EVENTSET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVENTSET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND A RISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS 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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting EventSet.co, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of New Hampshire without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of New Hampshire.


DISPUTES

Any dispute relating in any way to your visit to EventSet.co or to products you purchase through Eventset.co shall be submitted to confidential arbitration in Hanover, New Hampshire (or assigned location), except that, to the extent you have in any manner violated or threatened to violate EventSet’s intellectual property rights, EventSet may seek injunctive or other appropriate relief in any state or federal court in the state of New Hampshire, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


SITE POLITIES, MODIFICATIONA ND SEVERABILITY

We reserve the right to make changes to our Website, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

FEBRUARY 2016
COPYRIGHT 2016, EVENTSET, LLC, ALL RIGHTS RESERVED.

 

TERMS OF SERVICE

 

A product purchase/rental agreement is between EventSet, LLC, a New Hampshire Limited Liability Company located at 24 Union Street, Lyme, NH 03768 (hereinafter referred to as the "Merchant" or "Lessor") and the party named under "Customer Billing" in the provided Quote (hereinafter referred to and the "Customer" or "Lessee").

 

DESCRIPTION OF EQUIPMENT

The Merchant hereby leases the Customer the equipment as described in the provided Quote to the Customer by the Merchant, which is incorporated by reference herein and made part of this agreement. 

 

DESCRIPTION OF EVENT

The product set forth in the Quote shall be utilized in conjunction with the Customer's Event as described in the Quote or auxiliary communications, which are incorporated by reference herein and made part of this agreement. 

 

MERCHANT AND CUSTOMER POSITIONS, ROLES AND RESPONSIBILITIES

As outlined below, the following shall apply to the designated party, where and when noted.

 

Merchant and Customer shall acquire and hold suitable insurance that will protect each party from claims that may result from the use or conduct for which said party may be legally liable, including Worker's Compensation, property damage, bodily injury and fatalities. Each party is required to carry insurance coverage of at least,  $1 Million USD. 

 

The Merchant will be responsible to the Customer for acts, negligence or omissions by its agents  but will not be responsible for acts, negligence or omissions of the Customer, its agents, clients, participants, volunteers or spectators. The Customer will be responsible to the Merchant for acts, negligence or omissions of its agents, clients, participants, volunteers or spectators but will not be responsible for acts, negligence or omissions for of the Merchant or its agents. 

 

The Customer is responsible for seeking out and acquiring all necessary permission, documentation and permits for the use of rental product. It is the Customer's responsibility to understand and comply with all laws, regulations, rules and confirm with public authorities regarding product rental and use. Any cost incurred in this process is the sole responsibility of the Customer. The Customer must furnish the Merchant with copies of the appropriate documentation prior to the event. Upon request and the fullest extent possible, the Merchant will provide supplemental product documentation to assist in the process. 

 

If the Merchant is unable to fulfill aspects included in the product rental agreement due to force majeure, or extenuating circumstances, the Customer will not hold the Merchant liable for the failure to fulfill the terms of the product rental agreement. 

 

PRODUCT SALE AND RENTAL 

The cost of the product rental is provided in Quote. Should the Quote require deposit or specific payment terms, the deposit payment is due upon signing of the Quote. Should the Customer fail to provide payment as required, the Quote will not be executed and the Merchant will be under no obligation to honor of fulfill any implied or written portion of the Quote unless the Merchant accept payment and confirm the executed Quote, solidifying the contract. All payments shall be made in US Dollars, and by methods approved by the Merchant. Customers who fail to complete payment with the terms specified in the Quote, may be subject to late fees accrued at the end of each 30 day period past due. The contract may be executed by anyone with implied capacity. If not expressly accepted prior to the rental term, acceptance of rental product will constitute execution of the contract and enforcement for the terms within. 

INDEMNITY/HOLD HARMLESS.

CUSTOMER WILL TAKE ALL NECESSARY PRECAUTIONS REGARDING THE EQUIPMENT RENTED, AND PROTECT ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE. CUSTOMER AGREES TO HOLD HARMLESS QUALITY FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, JUDGMENTS, ATTORNEYS’ FEES AND COSTS, OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED, TO INJURIES OR DEATH TO PERSONS AND DAMAGE TO PROPERTY, ARISING OUT OF THE USE, MAINTENANCE, INSTRUCTION, OPERATION, POSSESSION, OWNERSHIP OR RENTAL OF THE EQUIPMENT RENTED, HOWEVER CAUSED, EXCEPT CLAIMS OR LITIGATION ARISING THROUGH THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF QUALITY. 

ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY.

CUSTOMER IS FULLY AWARE AND ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT RENTED HEREUNDER AND HEREBY ELECTS TO VOLUNTARILY ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE. CUSTOMER AGREES TO RELEASE AND DISCHARGE QUALITY FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT; AND CUSTOMER FURTHER AGREES TO WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST QUALITY WHICH CUSTOMER OTHERWISE MAY BE ENTITLED TO ASSERT. 

 

CUSTOM PRODUCT

In the event that the Customer requires custom artwork for products, it is the Customer's responsibility to state so, and- provide the necessary artwork to produce the product. The customer is solely responsible for sourcing and providing artwork as well as demonstrating appropriate ability to use the artwork in the desired application. The Merchant implies or expresses no warranty for poorly conceived designs, inaccurate colors or the timeliness of production. It is the Customer's responsibility to attended to details and adhere to deadlines. When Customer artwork is used in conjunction with rental product, the Customer is solely responsible for use which includes placement, adherence and removal. The Customer uses artwork at their own risk fully acknowledging that it may become damaged while being placed, during use or during removal. Further, securing artwork to rental product may compromise their use and result in increased user risk to the Customer as well as other parties. In the event that rental product becomes compromised due to artwork placement or exposure, it may necessitate removal in order to use rental product in an appropriate manner. 

 

PRODUCT OWNERSHIP

Products determined and marketed as for "Sale" remain the property of the Merchant until a transaction is completed justifying complete ownership transfer. All "custom" work is classified as for "Sale" and becomes the property of the Customer when a transaction is completed justifying complete ownership transfer. Until that point, the Customer has no right to or ownership in the product for Sale. 

 

Products determined and marketed for "Rent" are the property of the Merchant. At no point will ownership transfer to the customer nor shall the customer have any right or ownership interested in the product. The Customer does have a right to use as outlined here and in the Quote the product. The Merchant maintains uninhibited access to the product at any time for any purpose.  At no time does the Customer have any right to transfer, reassign, delegate use of Product to another party. 

 

PRODUCT USE

By renting, the Merchant is not assuming any obligations written or implied. Further, the Customer agrees the product is suitable for use as freely chosen and executed by its own evaluation and judgement. The Merchant makes no guarantee that information provided on the quote or in general commerce is accurate and substantive. Further, the Customer releases any dependance on information provided by quote, general commerce or by an agent . The Merchant makes no guarantee of fitness of use or purpose and the Merchant absolves any and all liability as a result of use or the misuse and lack of use of any Product. 

 

PRODUCT DAMAGE

When delivery or product shipping is required, the Merchant accepts all responsibility for Product in transit. For rental product, while in possession of the Customer, the product shall be held at the complete risk of the Customer and the Customer shall be responsible for any product damage or loss. Possession is defined as the predetermined time of the rental agreement or from delivery until reacquisition. The Customer assumes full responsibility for product damage, loss and the resulting financial liability as invoiced by the Merchant. That invoiced amount may include full replacement value plus additional fees and associated costs. 

 

PRODUCT DEPLOYMENT/RETRIEVAL

The deployment of purchased product is solely at the discretion of the Customer. The Merchant is fully absolved from the manner in which the Customer chooses to use product that they have obtained through legal transaction and how ownership or use of. 

For product that is deployed for rental purposes, it is the Customer's discretion to what level the Merchant is involved in the deployment and retrieval of product. The contracted level is indicated on the Quote with three corresponding levels: Unassisted, Assisted and Rental Only. If deployment is listed as "Unassisted", then the Merchant assumes responsibility for deployment and removal of rental product. The Merchant may charge an additional fee for deployment and retrieval of rental product.  If "Assisted' deployment is indicated, then the Merchant may advise only as to the final product assembly, placement and use.  "Rental Only" only method of deployment indicated that the Merchant is not providing any deployment service. In this situation, the Customer is fully and completely responsible for any and all rental product assembly, placement and use. In all cases where delivery of product is included with sale or rental of product, the rental agreement only includes product acquired from the Merchant and at no time responsible or obligated to matters outside of product use. Further, at no time is the Merchant responsible issues outside the scope of delivery and deployment (so chosen) as resulted due to poor planning, unfit or inadequate staffing, incorrect product assemble, use or breakdown.