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Terms Of Use

Welcome

EVENTUALL™ welcomes all persons (“You” or “Your”) to this website located at www.eventuall.ai including, all of its microsites (collectively, the “Website”) which are owned and operated by Addison Interactive, Inc. (“Addison”). Collectively Eventuall and Addison are referred to as “Eventuall”). PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE (collectively with any amendments, "Terms and Conditions") BEFORE USING OUR SERVICES, ACCESSING A MICROSITE, OR USING THIS WEBSITE.

Eventuall (“our”, “we” or “us”) is a virtual events platform where we or our third-party customers offer viewers an engaging screening experience of various entertainment events. Entertainment events include all materials available for viewing including, but not limited to, images, artwork, movies, television shows, award ceremonies, festivals, concerts, trailers, entertainment and information programming and any other copyrighted materials are collectively referred to as the “Content”. As used in these Terms and Conditions “Service/s” means products, features, tools, materials, or other services (including third-party branded services) offered by Eventuall as well as all interfaces or software offered in connection with our service. These Terms and Conditions govern and apply to Your access to and use of this Website and our Services.

THESE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION.

BY USING THIS WEBSITE AND/OR OUR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS AND AGREE THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE AND ELIGIBLE TO USE THIS WEBSITE AND/OR OUR SERVICES.

If You are under the age of eighteen (18) or the age of majority in Your state or residence, You may be prohibited from purchasing or participating in certain Services. IF YOU ARE BETWEEN THIRTEEN (13) AND SEVENTEEN (17) YEARS OF AGE, YOU MAY ONLY USE THIS WEBSITE AND/OR OUR SERVICES WITH THE PERMISSION AND INVOLVEMENT OF YOUR PARENT OR GUARDIAN, including their consent to these Terms and Conditions.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE OR OUR SERVICES.We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to You. Your continued use of this Website after any such changes constitutes Your acceptance of the new terms and conditions.

To the extent of any express inconsistency with any other agreement You may have with Eventuall, our Services, or otherwise, that other agreement will prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms will apply, if You are a user of this Website.

Please review our Privacy Policy and Cookies Policy incorporated herein by reference and located here https://eventuall.ai/privacy-policy, which also govern Your use of this Website to understand our practices.

Electronic Communications

When You use our Services, or send e-mails, text messages, and other communications from Your desktop or mobile device to us, You may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Website. 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.

Ownership, License and Use

All Content is protected by intellectual property laws including copyright and trademark laws. Eventuall owns and retains all rights to the Services, and the Content is owned by Eventuall or its third-party customers. Eventuall grants You a limited, personal use, non-transferrable, non-sublicensable, non-assignable, revocable right to use its Services. Except for the foregoing limited license, no right, title or interest will be transferred to You.

You must only use this Website for non-commercial, lawful purposes, and You must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of this Website. You may not, without our prior written consent: (a) copy, reproduce, use, or otherwise deal with any content on this Website; (b) modify, distribute, or re-post any content on this Website for any purpose; or (c) use the content of this Website for any commercial exploitation whatsoever.

In using this Website, You further agree not to: (a) disrupt or interfere with the security of, or otherwise abuse, this Website or any services, system resources, accounts, servers, or networks connected to or accessible through this website, or affiliated or linked sites; (b) disrupt or interfere with any other user's enjoyment of this Website, or affiliated or linked websites; (c) upload, post, or otherwise transmit through or on this Website any viruses or other harmful, disruptive, or destructive files; (d) use, frame, or utilize framing techniques to enclose any Eventuall trademark, logo, or other proprietary information (including the images found at this Website, the content of any text, or the layout/design of any page or form contained on a page) without Eventuall's express written consent; (e) use meta tags or any other "hidden text" utilizing a Eventuall name, trademark, or product name without Eventuall's express written consent; (f) deep link to this Website without Eventuall's express written consent; (g) create or use a false identity on this Website, share Your account information, or allow any person besides Yourself to use Your account to access this website; (h) collect or store personal data about others; (i) attempt to obtain unauthorized access to this Website or portions of it that are restricted from general access; (j) post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law; and (k) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use Content; and (l) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services.

In addition, You agree that You will comply with all applicable local, national, and international laws and regulations that relate to Your use of or activities on this Website. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other user of this Website. We have the right to remove any material or posting You make on this Website if, in our sole discretion, such material does not comply with the content standards set out in these Terms and Conditions. Despite these restrictions, material posted by users may still be objectionable, unlawful, inaccurate, offensive or inappropriate.

Content Uploaded to This Website

In the event You upload any photographs, comments, video clips, or other media to this Website (the "Uploaded Content"), Eventuall has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or this Website, in perpetuity throughout the world as Eventuall in its sole discretion sees fit without further consent or payment. Eventuall has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. Eventuall has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries, affiliated companies or third-party collaborators. Eventuall may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Eventuall's sole discretion. Eventuall is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.

Users of this Website must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.

Users posting Uploaded Content via a user profile must treat their login credentials and password confidentially and ensure that they are not shared with any third party that might jeopardize the security of their account and You agree to accept responsibility for all activities that occur under Your login or password.

Trademarks

The logos and product names described on this Website are trademarks, trade names, service marks, service names, or other distinctive features owned by Eventuall or our third-party customers. Eventuall trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Eventuall or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Eventuall, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Eventuall.

Copyright Policy and Copyright Agent

It is Eventuall's policy to respect the copyright and intellectual property rights of others. Eventuall may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, Eventuall may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Eventuall complies with the Digital Millennium Copyright Act.

If You believe that Eventuall or any user of this Website has infringed Your copyright in any material way, please notify Eventuall, and provide the following:

  • an identification of the intellectual property right claimed to have been infringed;

  • an identification of the material that You claim is infringing so that we may locate it on this Website;

  • Your address, telephone number, and email address;

  • a statement by You that You have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law;

  • a statement by You that the above information in Your notice is accurate, made under penalty of perjury; and that You are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by email to info@addisoninteractive.com, or at 323-580-6220 or 6515 Sunset Blvd., Suite 430, Hollywood, CA, USA 90028.You agree to indemnify and hold harmless Eventuall, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to Your use of this Website, Your violation of these Terms and Conditions, and Your violation of any rights of a third party.

Content Quality

Eventuall makes no representations or warranties about the quality of Your watching experience on Your device as the quality may vary depending Your location, bandwidth available through and/or speed of Your Internet connection; and HD, Ultra HD and HDR availability is subject to Your Internet service and device capabilities. You are responsible for all Internet access charges. Please check with Your Internet provider for information on possible Internet data usage charges.

Privacy Policy

Visitors to this Website should refer to Eventuall’s Privacy Policy and Cookies Policy for information about how Eventuall uses and collects information, which may be accessed by clicking on the appropriate link either above or on this Website. You agree that Eventuall may collect, use, retain, and disclose Your personally identifiable information as described in the Privacy Policy and Cookies Policy.

Changes to This Website

Eventuall may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of this Website or any products available through or outside of this Website, temporarily or permanently, including the availability of any features of this Website or access to any parts of this Website, at any time without notice to You, and You agree that Eventuall will not be liable.

Linked Sites

Eventuall makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlinks from this Website, or sites linking to other Websites. The linked sites are not under the control of Eventuall, and Eventuall is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by Eventuall of the site or any information contained therein. When leaving this Website, You should be aware that Eventuall’s Terms and Conditions, Privacy Policy, Cookies Policy, and our other policies no longer govern, and therefore You should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

Disclaimer of Warranties

ALTHOUGH EVENTUALLSTRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THIS WEBSITE, EVENTUALLDOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THIS WEBSITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, EVENTUALLDOES NOT WARRANT THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

EVENTUALL DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, EVENTUALLDISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section apply to the extent permitted by law and survive any termination of the Terms and Conditions.

Limitations on Liability

WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL EVENTUALL OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH (A) THIS WEBSITE; (B) THE USE OR INABILITY TO USE THIS WEBSITE; (C) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THIS WEBSITE; (D) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THIS WEBSITE OR OTHERWISE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (F) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (G) OTHERWISE UNDER THESE TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF EVENTUALL OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EVENTUALL'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO EVENTUALL FOR ANY PRODUCTS SUPPLIED BY EVENTUALL THROUGH YOUR USE OF THIS WEBSITE OR OTHERWISE.

EVENTUALL WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.THESE EXCLUSIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF CALIFORNIA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS IS DECLARED INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, IT WILL BE DEEMED SEVERABLE AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.The terms of this section survive any termination of the Terms and Conditions.

EVENTUALL DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, EVENTUALLDISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section apply to the extent permitted by law and survive any termination of the Terms and Conditions.

International Users

This Website is controlled, operated, and administered by Eventuall from its offices in California within the United States of America. Eventuall makes no representation that materials on this Website are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents are available through this Website are legal and not prohibited. If You access this Website from a location outside of the United States, You are responsible for compliance with all local laws.

Termination

Notwithstanding any of these Terms and Conditions, Eventuall reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate Your ability to use this Website and to block and prevent future access to and use of this Website. You agree that Eventuall will not be liable for any termination of Your use of or access to this Website.

Third-party rights

Only You and Eventuall and its customers will be entitled to enforce these Terms and Conditions. No third party will be entitled to enforce any of these Terms and Conditions, except as provided in this section. If Eventuall assigns, transfers, or sub-contracts any of our rights or obligations under these Terms and Conditions to any third party, in writing, such third party may enforce those Terms and Conditions that are assigned, transferred, or sub-contracted.

Severability

If any provision of these Terms and Conditions, or part thereof, is deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, will be deemed severable from the rest of these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions or part thereof.

The terms of this section survive any termination of the Terms and Conditions.

Language

It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.

DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

Disputes. The terms of this section will apply to all Disputes between You and Eevntuall or its customers. For purposes of this section, "Dispute" means any dispute, claim, or action between You and Eventuall arising under or relating to the products, this Website, these Terms and Conditions of Use (“Agreement”) or Eventuall’s Privacy Policy, or any other transaction involving You and Eventuall, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and will be interpreted to be given the broadest meaning allowable under law. YOU AND EVENTUALLAGREE THAT "DISPUTE" AS DEFINED IN THIS AGREEMENT WILL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR EVENTUALLFOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in this Agreement, You agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.

Binding Arbitration. You and Eventuall further agree to arbitrate all Disputes between the parties pursuant to the provisions in these Terms and Conditions of Use. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. You and Eventuall further agree that (a) this Agreement memorializes a transaction in interstate commerce; (b) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this section; and (c) this section will survive termination of this Agreement. The arbitrator may award You the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator will be final and enforceable by any court with jurisdiction over the parties.

Small Claims Court. Notwithstanding the foregoing, You may bring an individual action in the small claims court of Your state or municipality if the action is within that court's jurisdiction and is pending only in that court. Eventuall does not hereby waive any defense and expressly reserves its right to assert any defense available to it, whether jurisdictional or otherwise.

Dispute Notice. In the event of a Dispute, You or Eventuall must first send to the other party a notice of the Dispute that includes a written statement that sets forth the name, address, and contact information of the party giving notice, the facts giving rise to the Dispute, and the relief requested (the "Dispute Notice"). The Dispute Notice to Eventuall must be addressed to: Addison Interactive, Inc. 6515 Sunset Blvd., Suite 430, Hollywood, CA, USA 90028, Attn: Legal Officer (the "Eventuall Notice Address"). The Dispute Notice to You will be sent by certified mail to the most recent address we have on file or otherwise in our records for You. If Eventuall and You do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, You or Eventuall may commence an arbitration proceeding pursuant to this section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND EVENTUALLAGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR WILL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.

Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be governed by the Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS) in effect at the time the arbitration is initiated (the "JAMS Procedures"), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this section. The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only. If there is a conflict between the JAMS Procedures and the rules set forth in this section, the rules set forth in this section will govern. You may, in arbitration, seek any and all remedies otherwise available to You pursuant to federal, state, or local laws. All Disputes will be resolved by a single neutral arbitrator, and both parties will have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this section. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is for (a) trade secret misappropriation; (b) patent infringement; (c) copyright infringement or misuse; or (d) trademark infringement or dilution, each of which are excluded from the definition of "Dispute" as stated above. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone will take place in a location reasonably accessible from Your primary residence, or in Los Angeles County, California, at Your option.

Initiation of Arbitration Proceeding. If either You or Eventuall decide to arbitrate a Dispute, the parties agree to the following procedure:

  • Write a Demand for Arbitration. The Demand must include a description of the Dispute and the amount of damages sought to be recovered ("Demand for Arbitration"). You can find a sample demand for arbitration at http://www.jamsadr.com.

  • Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS
    707 Wilshire Blvd
    46th Floor
    Los Angeles, California 90017, U.S.A.

  • Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to in advance by the parties.

Hearing Format. In all hearing formats, the arbitrator will issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Eventuall or You will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or Eventuall is entitled. The discovery or exchange of non-privileged information relevant to the Dispute will be governed by the JAMS Optional Expedited Arbitration Procedures.

Arbitration Fees. Eventuall will pay, or (if applicable) reimburse You, for all JAMS filing, administration, and arbitrator fees for any arbitration commenced (by You or Eventuall pursuant to provisions of this section.

Opt-out. You may elect to opt-out (exclude Yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Agreement by sending a written letter to the Eventuall Notice Address, within thirty (30) days of Your first visit to and use of our Website, that specifies Your (a) name; (b) mailing address; and (c) request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section. In the event You opt-out consistent with the procedure set forth above, all other terms and conditions in this Agreement will continue to apply, including the requirement to provide notice prior to arbitration.

Amendments to this section. Notwithstanding any provision in this section to the contrary, You and Eventuall agree that if Eventuall makes any future amendments to the dispute resolution procedure and class action waiver provisions in this section (other than a change to the parties’ addresses), Eventuall will post notice of such amendments on the Website and You will have thirty (30) days from Your first visit to or use of THIS Website containing such amendments to affirmatively opt-out of any such amendments. If You affirmatively opt-out of any future amendments, You agree You will arbitrate any Dispute between us in accordance with the language of this section as stated in this current Agreement, without any of the proposed amendments governing. If You do not affirmatively opt-out of any future amendments, You will be deemed to have consented to such future amendments.

Severability. If any provision in this section is found to be unenforceable, that provision will be severed with the remainder of these Terms and Conditions remaining in full force and effect. The foregoing will not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire section will be null and void. The terms of this section will otherwise survive any termination of these Terms and Conditions.

Exclusive Venue for Other Controversies

Eventuall and You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in these Terms and Conditions (other than an individual action filed in small claims court) will be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

General

These Terms and Conditions and Eventuall’s Privacy Policy and Cookie Policy constitute the entire agreements between Eventuall and You with respect to Your use of this Website, Your use of Services through this Website, and, as applicable, any Services of Eventuall. Any cause of action You may have with respect to this Website or Eventuall's Services must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitation to the contrary. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between You and Eventuall, and You do not have any authority to create any obligation or make any representation on Eventuall's behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Eventuall's written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against You and Eventuall and their respective successors and assigns.

The terms of this section survive any termination of the Terms and Conditions.

Other important terms

These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to You, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions will operate as waiver of that right or remedy or will affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.