AGREEMENT BETWEEN CUSTOMER AND OCHO EVENTS, LLC.
Welcome to the Ocho Events “Platform”. By Platform, we mean any app, website or services rendered by Ocho Events. When we use the terms "we", "us", "our", “Ocho” and "Ocho Events”, we refer to OCHO EVENTS, LLC, a Washington corporation. “Partner” or “Provider” refers to any partner entities that may be providing services as part of an Ocho related event. The term "you" refers to the customer visiting or using the Platform, making a purchase and/or attending an event set up on the Platform.
We make every attempt to ensure that our Platform is always available and functional, but we cannot guarantee it will be. As we are continually improving the Platform, there may be periods where certain functions, or the entire platform isn’t working. We may also modify or discontinue portions of our Platform at our discretion.
USE OF THE PLATFORM
As a condition of your use of this Platform, you warrant that:
you are at least 21 years of age
you have the legal authority to create a binding legal obligation
you will only use this Platform for its intended purposes
all information supplied by you on this Platform is true, accurate, current and complete if you have an Ocho Events account, you will keep your account safe and will supervise and be responsible for any use of your account by you and anyone other than you.
The content and information on this Platform, as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Platform. Additionally, you agree not to: make any speculative, false, or fraudulent account or fraudulently accept any event invitations take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure incorporate any part of this Platform into any website, app, or any other electronic system without our prior written authorization If your account shows signs of fraud or suspicious activity, Ocho may cancel any events or reservations associated with your name, email address or account, and close any associated Ocho accounts. If you have conducted any fraudulent or illegal activity, Ocho reserves the right to take any necessary legal action and you may be liable for monetary losses to Ocho, including litigation costs and damages.
We do not accept or consider, directly or through any Ocho Events employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form ( “Unsolicited Materials” ). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them: Ocho Events has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and Ocho Events will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
DISCLAIMER OF WARRANTY
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. NEITHER OCHO EVENTS, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE PLATFORM, INCLUDING, WITHOUT LIMITATION, PARTNER OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF PARTNER OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE PLATFORM. THE PLATFORM AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE PLATFORM, PARTNER OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, OCHO EVENTS HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE OR THE PARTNER OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A PARTNER OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY OCHO EVENTS THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.
LIMITATION OF LIABILITY
If we are not able to resolve your Claims within 90 days, you may seek relief through arbitration or in small claims court.