Terms of Use

Welcome to Mobile Engage Pro, a product of Engagement Mobile Strategies! As event creators and participants, we understand that you want your events to run safely and seamlessly, and we share the same goal for our platform. We’re thrilled to have you here! Please take a moment to carefully review these Terms of Use ("Terms"), as they contain essential information regarding your legal rights, remedies, and responsibilities.

These Terms of Use apply to your use of Mobile Engage Pro (the “Product”), an event management platform provided by Engagement Mobile Strategies (the “Company,” “we,” “us,” “our”). Engagement Mobile Strategies is the legal entity that operates the Product and is responsible for managing access, functionality, and support associated with the Product.

By accessing or using Mobile Engage Pro's Services, you agree to abide by these Terms (which include our Privacy Policy and all other referenced terms, policies, and agreements), without any changes, forming a binding contract between you and us regarding your use of our Services. If you do not agree to these Terms, please refrain from accessing or using the Services.

1. Acceptance of Terms

1.1. Information to Consider.

Here are some important definitions to help you understand these terms:

1. An “Affiliate” of any entity means any person or entity that controls, is controlled by, or that is under common control with, such entity, whether as of the date of your agreement to these Terms or after. For purposes of this definition, "control" means ownership or control, directly or indirectly, of more than 20% of the outstanding voting stock of an entity or otherwise possessing the power to direct the management and policies of an entity.

2. “Consumers” refers to individuals using our Services for any purpose, including consuming information and/or attending events.

3. “Product” refers to Mobile Engage Pro, the product of Engagement Mobile Strategies.

4. “Material” includes all types of content such as information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content materials.

5. “Organizer” refers to an event creator using our Services to create events for consumers.

6. “Services” include Product and Organizer Services.

7. “Site Content” refers to Material contained in or delivered via the Services.

8. “Your Content” refers to any Material you contribute, provide, post, or make available using the Services, or that you otherwise submit to us, or authorize us to use.

9. “Your Trademarks” refers to the trademarks, trade names, service marks, and logos that you contribute, provide, post, or make available using the Services, or that you otherwise submit to us, or authorize us to use.

10. “Users” refers collectively to Organizers, Consumers, and third parties accessing or using our Services. "You" or "your" refers to Users.

11. When these Terms refer to “Engagement Mobile Strategies,” “Company, “we,” “us,” or “our,” it refers to Engagement Mobile Strategies and each of its and their respective officers, directors, agents, partners, and employees.

1.2. With whom you are contracting.

You are contracting with Engagement Mobile Strategies, the legal entity responsible for providing and operating Mobile Engage Pro. All Services related to the Product are provided by Engagement Mobile Strategies. Engagement Mobile Strategies is a Virginia company with its principal place of business at 42871 Littlehales Terrace, Ashburn, VA 20148.

1.3. Additional Information.

By agreeing to these Terms, you confirm that you have read and accept the Privacy Policy and Cookie Statement applicable to all Users, which are incorporated into and form part of these Terms.

All Users must comply with our Community Guidelines, which are also incorporated by reference into, and are part of, these Terms. Please read these guidelines carefully, as they specify what types of content and conduct are allowed when using the Services.

Users may be bound by the following additional terms, which are incorporated by reference into, and are part of, these Terms:

A. If you are an Organizer, our Merchant Agreement and Organizer Refund Policy Requirements apply to you.

B. If you are a third party interacting with our Services not as an Organizer or a Consumer, the Trademark and Copyright Policy might be applicable to you. Please be on the lookout for additional terms and conditions displayed with certain Services that you may use from time to time, as those will also be applicable to you.

We may sometimes provide you with services that are not described in these Terms and unless we have entered into a separate, signed agreement that expressly supersedes these Terms, these Terms will apply to those services as well.

1.4. Your Authority.

If you are using the Services on behalf of an entity, you agree to these Terms on behalf of that entity and its Affiliates and confirm that you have the authority to do so. In this case, "you" and "your" will refer to both the entity and yourself.

2. Mobile Engage Pro’s Services and Role

2.1. Our Services.

We provide an event management and growth platform designed to help Organizers and Consumers connect and thrive through unforgettable live experiences. Our Services enable Organizers to create, post, and manage online, hybrid and in-person events.

2.2. How We Fit In.

We are not the creator, organizer, or owner of the events listed on our platform. Instead, we provide the Product, which allows Organizers to manage and promote their events.

When hosting an event, the Organizer is solely responsible for ensuring that the event and any related pages comply with all applicable laws, rules, and regulations. They are also responsible for delivering the goods and services described on the event page accurately and in a satisfactory manner.

If the Organizer is hosting a paid event, they choose the payment processing method offered to Consumers for its events. Consumers must use the payment processing method selected by the Organizer to make payments.

If the Organizer uses Mobile Engage Pro Payment Processing (defined in the Merchant Agreement), we act as the Organizer’s limited agent to process payments from Consumers on their behalf through third-party payment service providers.

3. Privacy and Consumer Information

3.1. Privacy Policy.

We follow our Privacy Policy to handle and protect your personal data.

We are committed to safeguarding the personal data you provide, as well as any data we collect through the Product, in accordance with our Privacy Policy.

3.2. Cookies.

We use cookies and similar technologies and give you the ability to manage your preferences.

We and our vendors use cookies and other technologies to collect information about how you interact with and navigate our Services in real-time. This may include details such as your IP address, browsing behavior, page visits, clicks, cursor movements, and search activity on our websites. This information is collected directly by, or shared with, our vendors and used to assess your use of the Services.

Our Cookie Statement provides further details on how we use cookies and similar technologies when you use the Product or our Services.

3.3. Consumer Information.

We expect you to follow the rules when handling Consumer information.

If you are an Organizer, you must always comply with all applicable local, state, provincial, national, and other laws, regulations, and rules regarding the collection of information from or about Consumers or other individuals. You must also follow any relevant policies we post on the Services concerning the information you collect from or receive about Consumers.

4. Term; Termination

4.1. Term.

These Terms apply to you as soon as you access the Services by any means and will remain in effect until they are terminated. There may come a time when either you or Mobile Engage Pro decides it is best to end the relationship, as described in Sections 4.2 or 4.3. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain in effect for both you and us.

4.2. Termination.

1. We may suspend or terminate your right to use the Services at any time, including if:

A. you violate or breach these Terms or any other agreement between you and us, or fail to pay any amounts when due.

B. you misuse or abuse the Services, or use them in a way not intended or permitted by us.

C. you engage in any conduct on or off the Product that threatens the safety of our community, harms the integrity of the Product, or disrupts the experience of others in the community.

D. allowing you to access or use the Services would violate any applicable laws, regulations, or court orders, or expose us to legal liability.

2. We may choose to stop offering the Services, or any portion of them, or modify or replace any aspect of the Services, at any time. We will make reasonable efforts to notify you if we believe doing so would significantly affect you. You agree that we will not be liable to you or any third party for terminating your access to the Services.

4.3. Deleting Your Account.

While we hope you continue using our Services, here is what to do if you choose not to:

You may terminate your access to the Services by deleting your account. If you are a Consumer using the Services without a registered Mobile Engage Pro account, your only option for these Terms to no longer apply is to stop accessing the Services entirely. As long as you continue to use the Services, even without an account, these Terms will remain in effect. If there is a separate agreement between you and us that governs your use of the Services, and that agreement terminates or expires, these Terms (as unmodified by that agreement) will continue to govern your use of the Services after termination or expiration.

4.4. Survival of Terms.

Certain provisions will always remain in effect for both you and us.

All provisions of these Terms that, by their nature, should survive termination will do so, including limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property protections and licenses.

5. Export Controls and Restricted Countries

We’re not allowed to provide our Services to certain people.

As a global company based in the United States, we are subject to and must comply with applicable export controls and economic sanctions laws and regulations, including those imposed by the United States and similar laws and regulations of the other jurisdictions where we operate (collectively, "Trade Controls"). You should familiarize yourself with these restrictions, regardless of your location or the location of the events hosted by you on the Services (“Your Mobile Engage Pro Events”). You represent and warrant, on a continuing basis, that:

1. your use of the Services will at all times comply with all applicable Trade Controls; and

2. you are not a person or entity that:

A. is the target of applicable Trade Controls restrictions, including that you are not a person or entity that:

i. is listed on, or 50% or more owned or controlled by one or more persons or entities listed on, an applicable list of restricted or denied persons maintained by Trade Controls authorities, including without limitation the U.S. Office of Foreign Assets Control's Specially Designated Nationals List or Foreign Sanctions Evaders List; the U.S. Department of State's Terrorist Exclusion List; the Bureau of Industry and Security's Denied Persons List, the Entity List, or the Unverified List; the Consolidated List of Financial Sanctions Targets and the Investment Ban List maintained by His Majesty’s Treasury of the United Kingdom; the Consolidated List of Asset Freeze targets maintained by the European Union; and the Consolidated List published by the Australian Government Department of Foreign Affairs and Trade; or

ii. is located, organized, resident in, or the government of, any country or territory that is, at any time, the target of country- or territory-wide sanctions (currently, Cuba, Iran, North Korea, Syria the Crimea region of Ukraine, the so-called Donetsk People’s Republic, and the so-called Luhansk People’s Republic) (collectively, “Restricted Areas”) (any such persons in (i) and (ii) a “Restricted Party”); and

3. you will not use the Services in connection with any direct or indirect activities or dealings with or involving any Restricted Area or Restricted Party, and will not otherwise use the Services in any manner that would cause Engagement Mobile Strategies to be in violation of applicable Trade Controls.

6. Release and Indemnification

6.1. Release.

You won’t involve us in any disputes between you and a third party.

1. You agree to release us (including each of our and their respective officers, directors, agents, co-branders, licensors, payment processing partners, vendors, partners, independent contractors, and employees, collectively referred to as the “Engagement Mobile Strategies Released Parties”) from any damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of any kind, whether known or unknown, arising from any dispute between you and a third party (including other Users) in connection with the following:

A. the Services or any event listed on the Services, including Your Mobile Engage Pro Events;

B. your Licensure (as defined below), failure to obtain or maintain any Licensure, or errors in obtaining or maintaining any Licensure;

C. any Feedback (as defined below) that you give or receive;

D. Your Content or Your Trademarks.

2. Additionally, you waive any rights under any applicable law or statute that states: “A general release does not extend to claims which the releasing party does not know or suspect to exist in their favor at the time of executing the release, which if known by them, would have materially affected their settlement with the released party.”

6.2. Indemnification.

You agree to defend, indemnify, and hold us harmless if a third party takes action against us because of something you did (or failed to do).

1. You agree to defend, indemnify, and hold harmless the Engagement Mobile Strategies Released Parties from any damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expense (including reasonable attorneys' and accounting fees) arising from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise), or investigation made by any third party (each a "Claim") relating to or arising out of:

A. your breach of these Terms (including any incorporated terms, agreements, or policies);

B. your unauthorized use of the Services;

C. your Licensure, failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure;

D. any Feedback you give or receive;

E. your violation of any applicable local, state, provincial, national laws, rules, or regulations, or the rights of any third party;

F. our collection and remission of taxes;

G. If you are an Organizer, your Mobile Engage Pro Events (including those where we’ve provided Services) and Your Content and Your Trademarks, provided that this indemnification does not apply to claims arising from Engagement Mobile Strategies’s gross negligence or willful misconduct.

2. We will notify you of any such Claim, but our failure or delay in doing so will not limit your indemnification obligations, except where you are materially prejudiced by the delay. In certain cases, we may choose to handle the Claim ourselves, and in such cases, you agree to cooperate with us as requested.

7. Disclaimer of Warranties

7.1. Disclaimers.

We strive to provide Services that meet your needs, but there are some things we cannot guarantee.

1. To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. Mobile Engage Pro expressly disclaims all warranties of any kind, whether express or implied, including implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. We do not guarantee that:

A. the Services (or any part of the Services) will meet your requirements or expectations;

B. the Services will be uninterrupted, timely, secure, or error-free; or

C. the results from using the Services will be accurate or reliable.

2. We have no control over and do not guarantee (i) the quality, safety, success, accuracy, or legality of any event or Site Content related to an event, (ii) the accuracy of any information provided by Users (including Feedback and Consumers' personal information shared with Organizers in connection with events), or (iii) the ability of any User to complete a transaction.

3. We are not liable for the actions or omissions of any third parties, including those who assist us in providing the Services, third parties that Organizers choose to help with events, or any third parties you choose to work with or contract when using the Services.

7.2. Application of Disclaimers.

These disclaimers apply to the fullest extent permitted by law.

The disclaimers in these Terms apply to the maximum extent allowed by law. If any warranties are required by applicable law, they will be limited to the shortest duration permitted.

8. Limitation of Liability

8.1. Engagement Mobile Strategies Liability.

To provide our Services on a large scale, we must limit our liability to you.

To the fullest extent permitted by applicable law, the Engagement Mobile Strategies Released Parties will not be liable to you or any third party for:

A. any direct, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if we have been advised of the possibility of such damages);

B. any Feedback you give or receive;

C. Your Content or Your Trademarks.

8.2. Compliance with Terms.

Our Terms are designed to comply with the law.

Some jurisdictions do not allow the exclusion of certain warranties or conditions, or the limitation of liability for loss or damage caused by willful acts, negligence, breach of contract, or implied terms, or incidental or consequential damages. In such cases, only those liability limitations that are lawful in your jurisdiction (if any) will apply, and our liability will be limited to the maximum extent permitted by law.

9. Important: Binding arbitration and class action waiver provisions

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM ARISING UNDER THESE TERMS OR RELATED TO THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION OR, IF APPLICABLE, IN SMALL CLAIMS COURT (TO THE EXTEND THE CLAIM QUALIFIES). SUCH DISPUTES WILL BE HANDLED ON AN INDIVIDUAL BASIS ONLY. YOU AGREE THAT CLASS ACTIONS, CONSOLIDATED ARBITRATIONS (EXCEPT IN LIMITED CIRCUMSTANCES), OR REPRESENTATIVE ACTIONS ARE NOT PERMITTED, AND YOU WAIVE THE RIGHT TO INITIATE SUCH ACTIONS.

Both parties understand that, in the absence of this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. Additionally, both parties acknowledge that, in some cases, the costs of arbitration may exceed those of litigation, and that the discovery process in arbitration may be more limited than in court.

9.1. Customer Support.

If you have a question or concern about the Services, you agree to contact us first before taking any legal action. Our customer support team will make reasonable efforts to address your issue or resolve your concern.

9.2 Arbitration Process.

If a dispute can’t be resolved between us, it must be resolved through arbitration.

In the unlikely event that our customer support team is unable to resolve your concerns, you and we each agree to resolve all disputes and claims between you and us, including any arising under or relating to these Terms, your use of the Services, or your and our relationship, through binding arbitration or (to the extent the claim qualifies) in small claims court, instead of in courts of general jurisdiction. As explained below, the appointed arbitrator will have authority to enter all relief that would be available in court, to the extent warranted by the claims. All arbitrations and small claims proceedings will proceed only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding, except as provided for in Section 9.9 below. Binding arbitration is subject to very limited review. Only the appointed arbitrator – and not any court – will have the authority to resolve any dispute relating to this Section, including any dispute regarding the scope, enforceability, and arbitrability of these Terms. This arbitration provision will survive termination of these Terms and any other agreement between you and us. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 9 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 9.8 below.

9.3 Applicability.

Our agreement to arbitrate applies to almost all claims.

1. This agreement to arbitrate applies to all legal disputes between you and us. It includes, but is not limited to: (i) all claims relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) all claims that arose before this or any prior agreement (including claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.

2. Notwithstanding this agreement to arbitrate, you or we may choose to bring:

A. an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or

B. enforcement actions, validity determinations or claims relating to theft, piracy or unauthorized use of intellectual property in state or federal court in the U.S. Patent or Trademark Office to protect your or our Intellectual Property Rights. "Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights.

3. In addition, the portion of any dispute or complaint relating to our participation in the US-EU Privacy Shield Frameworks is subject to the Dispute Resolution section of our Privacy Policy before being subject to this Section.

9.4 Selection of Arbitrator.

How the arbitrator will be selected.

We each agree to use the “rank and strike” process for selecting an arbitrator. In this process, the American Arbitration Association (“AAA”) will propose at least ten candidates to potentially serve as the arbitrator. We will each respond directly to AAA (without copying one another) in a writing that (i) “strikes” up to three of those candidates, that is, removes them from further consideration, and (ii) ranks the remaining candidates in order of preference. AAA will average each of our rankings for each arbitrator and select as the arbitrator the candidate with the highest ranking.

9.5 No Class Actions.

We both agree to not bring a class action.

YOU AND ENGAGEMENT MOBILE STRATEGIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. EXCEPT AS PROVIDED FOR IN SECTION 9.9 BELOW, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY (IF WARRANTED) ISSUE ALL OF THE SAME RELIEF THAT WOULD BE AVAILABLE IN COURT, INCLUDING PUBLIC INJUNCTIVE RELIEF, IN FAVOR OF THE PARTY SEEKING SUCH RELIEF, BUT ONLY TO THE EXTENT AUTHORIZED BY LAW AND WARRANTED BY THE PARTY’S CLAIMS.

You and we each acknowledge that different arbitrations may present overlapping factual or legal issues. As such, to the fullest allowable extent, and subject to Section 9.9 below, you and we each agree that in the event one of you or us initiates an arbitration against the other and we determine, in our sole discretion, that such arbitration presents one or more questions of fact or law that are also at issue in a pending arbitration between us and a third party (a “Similar Arbitration”), the arbitration involving you will, at our request, be assigned to the same arbitrator presiding over the Similar Arbitration and/or be paused until the Similar Arbitration is resolved. Any rulings in any Similar Arbitration will not be binding in the arbitration involving you.

9.6 Dispute Notice.

Notice must be given when one of us intends to seek arbitration.

A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Dispute Notice"). The Dispute Notice to Engagement Mobile Strategies must be addressed to the following address ("Notice Address") and must be sent by certified mail: Engagement Mobile Strategies, Attn: 42871 Littlehales Terrace, Ashburn, VA 20148. Dispute Notices to you will be addressed to a mailing, home, or payment address currently on record with Engagement Mobile Strategies and must be sent by certified mail. If we have no records of a physical address, our Dispute Notice may be delivered to your Engagement Mobile Strategies account email address. The Dispute Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Engagement Mobile Strategies and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Dispute Notice is sent, you or Engagement Mobile Strategies may commence an arbitration proceeding.

9.7 Arbitration Rules.

These are the rules that will govern any arbitration proceedings.

The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the "AAA Rules") of the AAA, as modified by this Section 9, and will be administered by the AAA and settled by a single arbitrator. (The AAA Rules are also available by calling the AAA at 1-800-778-7879.) All issues in dispute between the parties are for the arbitrator to decide, including, issues relating to the scope, enforceability, and arbitrability of this Section 9.

9.8 Arbitration Location.

This is where the arbitration will take place.

If you are a Consumer, any arbitration hearings will take place (at your option) either in the county of your residence or by phone, except that (1) if you are a Consumer whose residence is outside of the United States, the hearing will take place either in Ashburn, Virginia or by phone or videoconference, at your option and as permitted by the AAA Rules; and (2) in the case of Batch arbitration per Section 9.9 below, the hearing will take place either in Ashburn, Virginia or by phone or videoconference, at the option of AAA. If your use of the Services is or was for commercial use, then unless Engagement Mobile Strategies and you agree otherwise, any arbitration hearings will take place in the United States in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, or in the case of Batch arbitration per Section 9.9 belowAAA will determine the location. If your claim is for ten thousand dollars ($10,000) or less, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.

9.9 Similar Claims.

Similar claims brought by the same or coordinated counsel will be batched together for efficient resolution.

To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Dispute Notices or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 50 claimants each (“Batch”). Specifically, upon notice from either side, AAA must group the arbitrations into: (1) a single Batch (if there are 25-50 claimants), or (2) Batches of 50 claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than 50 claimants). AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by AAA, one set of Arbitration Fees, and one hearing (if any) per Batch, to be held in Ashburn, Virginia, or by phone or videoconference at the option of the arbitrator. We both agree to cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this Section 9.9 is deemed unenforceable as to a particular claimant or Batch, then it will be severed as to that claimant or Batch, and those parties must arbitrate in individual proceedings.

9.10 Arbitration Costs.

This is how we decide who’s responsible for the costs of arbitration and legal fees.

Payment of Costs and Expenses. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA Rules, provided that if you are initiating an arbitration against Engagement Mobile Strategies and the value of the relief sought is ten thousand dollars ($10,000) or less, then Engagement Mobile Strategies will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). Further, if you are initiating an arbitration against Engagement Mobile Strategies and your claim arises from your use of the Services as a Consumer, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be more expensive than a court proceeding, then Engagement Mobile Strategies will pay the amount of any such costs and expenses. In the event that the arbitrator determines that all of the claims you assert in arbitration were frivolous at the time they were filed or that you continued to press those claims even after receiving information demonstrating that such claims were frivolous, you agree to reimburse Engagement Mobile Strategies for all of the costs and expenses that Engagement Mobile Strategies paid and that you would have been obligated to pay under the AAA Rules.
Payment of Legal Fees. To the maximum extent allowed under applicable law, each party will bear its own attorneys' fees and expenses in connection with any arbitration proceeding. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys' fees and expenses upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.

9.11 Non-Qualifying Disputes.

Disputes that can’t be arbitrated in accordance with this Section 9 will be governed by Section 21.

In the event that any provisions of this Section 9 are found to be invalid or unenforceable for any claim or issue, then the entirety of this Section 9 will be null and void only with respect to such claim or issue and Section 21 “Applicable Law and Jurisdiction” will apply to such claim or issue in lieu of this Section 9. For the avoidance of doubt, for all claims and/or issues as to which this Section 9 is not found to be invalid or unenforceable: (a) this Section 9 shall apply in full to all such claims and/or issues, and (b) arbitration of all such claims and/or issues shall commence and be completed prior to any litigation on any non-arbitrable claims, including in the event that arbitrable and non-arbitrable claims or issues present overlapping factual and/or legal questions.

9.12 Your Right to Opt Out.

If you want to opt out of our agreement to arbitrate, you must notify us in time.

You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above in this Section 9 by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to our email. Please include the following in the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of these provisions. Note that if you opt out of these arbitration provisions, Engagement Mobile Strategies also will not be bound by them.

10. License to the Mobile Engage Pro Services

10.1. License to Services.

Your right to use our Services is limited to the license we grant you.

1. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use our Services solely to:

A. browse the Services and search for, view, or register for an event listed on the Services; and/or

B. create event registrations, Organizer profiles, and other web pages to promote, market, manage, and track an event.

2. Your use of the Services must comply with these Terms and all applicable local, state, provincial, national, and other laws, rules, and regulations.

10.2. License Restrictions.

You can’t copy, sell, or use our Services in a way that is damaging to the Product.

In addition to any other restrictions, limitations, and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly:

1. copy, modify, reproduce, translate, localize, port, or otherwise create derivatives of any part of the Services;

2. reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of all or any part of the Services;

3. rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated, or otherwise exploit the Services in any unauthorized manner;

4. remove or alter any proprietary notices on the Services; or

5. engage in any activity that interferes with or disrupts the Services.

10.3. Ownership.

You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and proprietary rights and laws. We may own the Site Content, or portions of the Site Content may be made available to us through arrangements with third parties. Site Content that is included in or made available through the Services is our exclusive property and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national, or other law, rule, or regulation. Any rights not expressly granted in these Terms are reserved.

10.4. Trademarks.

You can’t use trademarks that aren’t yours unless we say so.

1. The trademarks, service marks, and logos of Mobile Engage Pro (the "Mobile Engage Pro Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Mobile Engage Pro. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, together with Mobile Engage Pro Trademarks, the "Trademarks"). Your license to use the Services does not include, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without our prior written consent specifically for each such usage.

2. You must not use the Trademarks to disparage us, any third party, or our or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. You must not use any Trademarks as part of a link to or from any website unless we approve such use by prior written consent specifically for each such link. All goodwill generated from the use of any Mobile Engage Pro Trademark will inure to Mobile Engage Pro's benefit. Certain issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by us and/or third parties. Please note that if you copy portions of the Services, you are violating these patent rights and copyrights.

11. Licensed and Permits Organizers Must Obtain

Organizers must obtain all applicable licenses, permits, and authorizations for their events.
If you are an Organizer, along with your other representations and warranties, you represent and warrant to us that:

1. You will obtain, before promoting your events, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") for Your Mobile Engage Pro Events. Licensure includes state, county, municipal, or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, fire marshal permits, authorization to receive minors, sanitary authorization, and property operation permits;

2. You will comply, and will ensure that the venues for Your Mobile Engage Pro Events will comply, with all applicable laws, regulations, rules, and ordinances;

3. You will maintain throughout the use of the Services the applicable Licensure to promote, produce, sponsor, and host all of Your Mobile Engage Pro Events; and

4. You will provide evidence of Licensure and related information promptly upon our reasonable request from time to time.

12. Your Rights to Submit a Copyright Takedown Notice

What to do if you believe your copyrights are being violated.

If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice pursuant to our team by following the directions we provided in Mobile Engage Pro's Trademark and Copyright Policy.

13. Scraping or Commercial Use of Site Content is Prohibited

You can’t use our content for your own purposes.

You have no right to use, and you agree not to use, any Site Content for your own commercial purposes. You have no right to, and you agree not to, scrape, crawl, or employ any automated means to extract data from the Sites.

14. Fees and Refunds

14.1 Fees.

We charge the following fees.

Creating an account is free. However, we charge fees to list an event and to manage registrations. These fees may vary based on individual agreements between us and certain Organizers. In some cases, Organizers may determine whether these fees will be passed along to Consumers and shown as "Fees" on the applicable event page, or absorbed into the registration price and paid by the Organizer out of event proceeds.

The fees charged to Consumers may include other charges such as facility fees, royalties, taxes, processing fees, and fulfillment fees. This means that the fees paid by Consumers for an event are not necessarily the same as those charged by us to the applicable Organizer or the standard fees described on the Services for Organizers.

In addition, some fees are designed to defray costs incurred by us, but they may in some cases include an element of profit or, conversely, an element of loss. We do not control (and cannot disclose) fees levied by your bank or credit card company, including fees for purchasing registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to purchasing to understand all applicable fees, credit card surcharges, and currency conversion rates.

14.2 Registration Transfers.

You may be able to transfer your registration.

If you wish to transfer your registration to an event you have purchased on the Site, please contact the Organizer of the event to arrange for the transfer. If you are unable to reach the Organizer, or if the Organizer is unable to arrange a transfer, please contact us, and we might be able to accommodate your request.

14.3 Refund Requests.

Consumers requesting a refund should contact the Organizer.

1. Since all transactions are between an Organizer and its Consumers, we ask that all Consumers contact the applicable Organizer of their event with any refund requests.

2. If you are a Consumer and receive a refund for your registration, you must ensure that you do not use it (or any copy of it) to attend the event. Using a refunded registration constitutes fraud.

3. If you are an Organizer, you acknowledge that the applicable procedure to check the validity of registrations must always be followed.

4. We will not be liable under any circumstances for any costs arising from Organizers’ non-compliance with the procedures for verifying registration validity. Additionally, we will not be liable under any circumstances for costs and/or damages resulting from registration-related fraud or the purchase of registrations through non-official channels, such as third parties.

15. Your Account with Mobile Engage Pro

15.1 Do's and Don'ts.

When you create an account with us or use our Services, you must provide accurate information and follow these rules.

We may require you to create an account to access certain features or functions of the Services. By creating an account, you agree to the following:

1. Our Services are not targeted at children. You must be the legal age of majority in your place of residence to use the Services.

2. You must provide accurate, current, and complete information about yourself or, if you are using the Services on behalf of an entity, about that entity (the "Registration Data"). You must update this Registration Data promptly if it changes.

3. In the event of a dispute between two or more persons or entities regarding account ownership, we will act as the sole arbiter of the dispute. Our decision (which may include termination or suspension of the account) will be final and binding.

4. If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses outlined in these Terms.

5. We may allow you to implement certain permissions within your account for third parties, such as "sub-users," "sub-accounts," or other credentialed account users. If so, you are solely responsible for all activities under your account, including those by sub-users. You must maintain the confidentiality of your password and account details. All rules applicable to your account will also apply to any third parties granted access.

6. You must notify us immediately of any unauthorized use of your password or account, or any other security breach. You are responsible for any activity that occurs under your account.

7. You will not use the Services to collect sensitive personal information, such as health information, social security numbers, financial information, payment card numbers, driver’s license numbers, or passport numbers, unless explicitly permitted by these Terms or with our prior written consent.

16. Your Content and Your Trademarks

16.1 Rights and Responsibilities.

We have certain rights to use Your Content and Your Trademarks.

1. You are solely responsible for Your Content and Your Trademarks.

2. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on:

A. Your Content, in whole or in part, in any media, for:

i. operating the Services.

ii. Company and Product internal purposes.

B. Your Trademarks:

i. In connection with our use of Your Content.

ii. To identify you as a current or former customer of the Product within the Services and in advertising or promotional materials.

3. While we don’t claim ownership of Your Content or Your Trademarks, these licenses are essential to provide the Services and support Your Mobile Engage Pro Events.

4. You waive any and all moral rights related to our use of Your Content under this Section 16.

5. Aside from the licenses granted herein, you retain ownership of Your Content and Your Trademarks and may use them outside the Services without restriction.

16.2 Representations.

You represent that you are able to grant us the rights described above.

You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content and Your Trademarks:

1. do not infringe, violate, misappropriate or otherwise conflict with the rights of any third party;

2. comply with all applicable local, state, provincial, national, and other laws, rules and regulations; and

3. do not violate these Terms.

16.3 Content Rules and Guidelines.

Your Content must comply with our rules and guidelines.

1. Your Content must be accurate and truthful. We reserve the right to remove it if we believe it violates these Terms, our Community Guidelines, or for any other reason.

2. Your Content and Your Trademarks may appear alongside Site Content or third-party content, including competing content. We do not guarantee exclusivity for any Organizer or category.

3. We may preserve and disclose Your Content, Your Trademarks, Registration Data, and any account-related data if required by law or if we believe it is reasonably necessary to:

A. Comply with legal processes.

B. Respond to claims of rights violations.

C. Enforce these Terms.

D. Protect the rights, property, or personal safety of the Product, our Users, and the public, including fraud prevention.

4. You understand that the technical processing and transmission of the Services, including Your Content and Your Trademarks, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices

17. Notices

Here’s how to notify us.

1. Notices may be sent to you by email or regular mail at your business address listed in Mobile Engage Pro's records. We may also provide notices of changes to these Terms or other matters by displaying notices or links to notices on the Services.

2. If you wish to contact us or deliver any notice(s), you can do it here.

18. Modifications to the Terms or Services

We may modify these Terms from time to time and will notify you of material changes.

We reserve the right to modify these Terms (including the Privacy Policy and the Merchant Agreement from time to time (collectively, “Modifications”). If we believe any Modifications are material, we will let you know by one (or more) of the following methods:

A. posting the changes through the Services;

B. updating the "Updated" date at the top of this page; or

C. sending you an email or message about the Modifications.

2. Modifications that are material will be effective thirty (30) days following the "Updated" date, unless a different date is communicated in our notice to you. All other Modifications will be effective immediately.

3. You are responsible for reviewing any Modifications. Your continued use of the Services after any Modification will be considered your acceptance of that Modification and the updated Terms. In certain circumstances, we may seek a Modification to these Terms that will only apply to you. This type of Modification must be in writing and signed by both parties.

4. We are constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. We reserve the right to modify, replace, or discontinue any part of the Services or the entire Services at any time and for any reason.

19. Assignment

We can assign our rights and obligations under these terms.

We may, without your consent, freely assign Terms and our rights and obligations under these Terms, whether to an Affiliate or to another entity, in connection with a corporate transaction or otherwise.

20. Entire Agreement

These Terms make up our entire agreement with you unless we also enter into a separate written agreement.

Except as otherwise stated in these Terms, these Terms are the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions, or communications between you and Engagement Mobile Strategies on the subject matter of these Terms, other than any written agreement for Services between you and us relating to a specified event or events.

21. Applicable Law and Jurisdiction

Disputes that can’t be resolved under our arbitration agreement will be resolved in the courts of Ashburn, Virginia, under Virginia law.

These Terms are governed by the laws of the State of Virginia, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

Engagement Mobile Strategies is based in Ashburn, Virginia. Any legal action against us related to our Services and not subject to the arbitration provisions in Section 9 of these Terms will take place in Ashburn. By agreeing to these Terms, you submit to the personal jurisdiction of the state or federal courts (as applicable) in Ashburn, Virginia.

22. Feedback

We have a right to use any feedback you provide us.

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services, as well as feedback, comments, suggestions, and ratings regarding the services and events of third parties such as the Organizers of events you attend (collectively, "Feedback"). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, publish, and exploit those ideas and materials for any purpose, with or without your name, without compensation to you. We may collect testimonials, ratings, and reviews about Site Content, the Services, and, if you are an Organizer, Your Content and events. These testimonials, ratings and reviews will be considered Feedback. We retain full discretion on whether, when, where, with whom, and how Feedback is shared or published.

23. Third Party Websites; Linked Accounts; Third Party Offers

We are not responsible for third-party websites or materials that you access.

The Services or Users may provide links to other Internet websites or resources. Because we have no control over such websites and resources, you agree that we are not responsible for the availability of such websites or resources. We do not endorse and are not responsible or liable for any Site Content, advertising, offers, products, services, or other materials on or available from such websites or resources and are not responsible for any damages or losses related to them, even if such websites or resources are connected with our partners or third-party service providers.

24. Additional Miscellaneous Provisions

Failure to enforce any part of these Terms does not constitute a waiver of our right to enforce that or any other part of these Terms in the future. Except as expressly stated in these Terms, the exercise of any remedy by Engagement Mobile Strategies under these Terms does not preclude the exercise of other remedies available under these Terms or otherwise. No oral waiver, amendment, or modification of these Terms will be valid or enforceable.

If any provision of these Terms is found to be unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Section titles, subtitles, and italicized text following them are provided for convenience only, have no legal or contractual significance, and do not constitute legal advice.

When we state that Engagement Mobile Strategies “may,” “has the right,” “is permitted,” “authorized,” or “allowed” to take an action under these Terms, it means we have the option to do so but are not obligated to take such action, as determined at our sole discretion. Any determinations, decisions, or beliefs by us under these Terms will also be made at our sole discretion. The term “including,” as used in these Terms, means “including, but not limited to.” When these Terms specify that you “will” take an action, it signifies that you agree to and are required to take that action.

Your obligations, duties, warranties, representations, releases, and waivers outlined in these Terms are equally applicable to your Affiliates. These Terms do not establish any independent contractor, agency, partnership, joint venture, or similar relationship between you and us. We may freely assign any of our rights and obligations under these Terms.

For your convenience, these Terms may be translated into other languages. In the event of a conflict between the English version and a translated version, the English version will prevail.