TERMS OF USE

These Terms of Use were last updated on Sept. 6, 2020

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.

Through your usage of our Platform, you are agreeing to these Terms of Use. You also agree to our Privacy Statement, incorporated herein by reference and located at http://www.ochoevents.com/privacy ( "Privacy Statement" ), and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the " Terms of Use". The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality. These Terms of Use contain important information about limitations of liability. If you do not agree to these Terms of Use, please immediately terminate your usage of our Platform.

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.

The Platform, any content on the Platform, and the infrastructure used to provide the Platform are proprietary to us, our affiliates, partners, and other content providers. By using the Platform and accepting these Terms of Use: (1) Ocho Events grants you a limited, personal, non-transferable, nonexclusive, revocable license to use the Platform pursuant to these Terms of Use and to any additional terms and policies set forth by Ocho Events; and (2) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Platform without the express permission of Ocho Events.

By using our Platform, you agree to the limitations of liability in our Terms of Use.

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 use this Platform in accordance with these Terms of Use
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.

We also retain the right to deny access to this Platform and the services we offer to anyone, at any time, for any reason, including, but not limited to, violation of these Terms of Use.

PROHIBITED ACTIVITIES
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.

MODIFICATION
We reserve the right at all times to modify any part of these Terms of Use at our sole discretion. If we make changes that affect your use of the Platform or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your account and you should not use the Platform or any services offered through the Platform after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Platform or our services will constitute acceptance of these changes and the Terms of Use as modified.

UNSOLICITED IDEAS
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
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCHO EVENTS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE PLATFORM, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE PLATFORM OR SUBMITTED BY YOU TO THE PLATFORM; (B) YOUR INABILITY TO USE THE PLATFORM; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE PLATFORM; (D) THE PARTNER OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A PARTNER; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL OCHE EVENTS’ LIABILITY IN CONNECTION WITH A PARTNER OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A PARTNER OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY OCHO EVENTS THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR EVENT-RELATED INJURY. FORCE MAJEURE

Ocho Events shall be excused from performance under these Terms of Use, to the extent it or a Partner is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Ocho Events or a Partner, as applicable.

DISPUTES
If you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you agree to give us an opportunity to resolve any disputes or claims relating in any way to the Platform, or any services provided, any representations made by us, or our Privacy Policy by contacting Support@ochoevents.com

If we are not able to resolve your Claims within 90 days, you may seek relief through arbitration or in small claims court.

ADDITIONAL DISCLOSURES
No waiver by either you or Ocho Events of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect. The provisions of these Terms of Use apply equally to, and are for the benefit of, Ocho Events, its affiliates, Partners, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.
Ocho Events