Terms of Use

EventOnOff, LLC ("EventOnOff") is providing users (“User”) with access to its telephone messaging services and web site, (the "EventOnOff Service"), subject to the terms and conditions of this User Agreement (the "Terms of Use"). Any new features, changes, updates or improvements of the EventOnOff Service, and the availability of new EventOnOff services, shall be subject to the terms of this User Agreement unless explicitly stated otherwise.

YOUR ACCEPTANCE OF THIS USER AGREEMENT

Please read the User Agreement carefully before using or registering for the EventOnOff Service. By using or registering for the EventOnOff Service, you agree to be bound by the terms and conditions set forth. If you do not wish to be bound by these terms and conditions, you may not access or use the EventOnOff Service.

MODIFICATION OF TERMS

We reserve the right to modify and restate the terms and conditions of the User Agreement, and modification(s) shall be effective immediately upon being posted on the EventOnOff.com web site.
Unless explicitly stated otherwise, any new features that augment or enhance the current EventOnOff Service, including the release of new EventOnOff properties shall be subject to the User Agreement. You understand and agree that the EventOnOff Service is provided "AS-IS" and that EventOnOff assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or deliver any User communications or personalized information.
You are responsible for reviewing these terms and conditions regularly. Your continued use of the EventOnOff Service shall be deemed to be your conclusive acceptance of all modifications to the User Agreement.

PRIVACY POLICY

By using or registering for the EventOnOff Service you acknowledge that you have read and accept the EventOnOff Privacy Statement. Before using or registering for the EventOnOff Service, please carefully read the EventOnOff Privacy Statement. A link to the EventOnOff Privacy Statement is on the bottom of each page of EventOnOff.com.

EVENTONOFF PRIVACY STATEMENT

EventOnOff has implemented this privacy policy to ensure that personal information (specifically set forth below) pertaining to our clients is kept private and secure subject to the Terms & Provisions of the EventOnOff User Agreement. EventOnOff will not distribute any of the information we receive from you while using the EventOnOff voice broadcasting service. Financial information and other information deemed critical by EventOnOff will be exchanged over a secure connection and encrypted within our database.
EventOnOff does not currently have any relationships with third parties that would want or require your personal information. If any aspect of this privacy policy changes, it will be updated on both our website and our User Agreement. If EventOnOff deems the change particularly important, we will also notify clients via email.

What personal information does EventOnOff collect?

Registration
During our registration process prior to using the site, EventOnOff requires that you supply your name, e-mail address, phone number, and other identifying information. This information is used to establish your EventOnOff account, and so that we may contact or identify you for support purposes.

Order/Purchase
During our ordering process, EventOnOff requires that you provide us with a credit card number and other associated information. This information will be encrypted and stored so that we my process future orders and subscription renewals.

Phone Lists
Before sending a voice broadcast, you will need to provide EventOnOff with a list of phone numbers and other optional information for the people you would like to call. This information will not be shared with any third parties, pursuant to this privacy policy and the EventOnOff User Agreement.

Voice Broadcasts/Recordings
EventOnOff will record your voice inputs (messages) in order to transmit them to the phone numbers you provide. EventOnOff reserves the right to review these messages at any time and for any reason, particularly if we have reason to believe that messages are in violation of the EventOnOff User Agreement.

Cookies
EventOnOff employs cookies to recognize you and your access privileges on our site, as well as to track site usage. Subscribers who do not accept cookies cannot use the EventOnOff voice broadcasting service. We do not use cookies for any reason other than to help the EventOnOff website easy for you to use.

IP Addresses
EventOnOff logs IP addresses for systems administration and troubleshooting purposes. We do not use IP address logs to track your session or your behavior on our site.

E-Mail
EventOnOff will use the email address you provide at registration as the primary method for communicating account-related information with you.

Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the use of information, we have put in place appropriate physical and electronic procedures to protect the information we collect online.

Will my information be used for marketing purposes by EventOnOff or any other company?
EventOnOff does not currently have any relationships with any third parties that may want or require your personal information. Therefore, you will not receive marketing messages from any company other than EventOnOff.
EventOnOff may, from time to time, choose to send email to our users in the form of a newsletter or special offer. Should we decide to send an email to our users, it will be sent ONLY to account owners and individuals that have a login to the EventOnOff website.

At the end of your broadcast messages, EventOnOff may give call recipients the option to remove their phone number from your calling list.

REMOVE PHONE NUMBER

If members of your group do not wish to receive messages, they may visit our website and click ‘Opt Out” on the home page of the web site. Alternatively, you may notify EventOnOff of your request for the removal of a telephone number from a calling list by sending an e-mail to Support@EventOnOff.com. If no specific calling list is specified, the number will be blocked from receiving calls from any EventOnOff user.

REGISTRATION INFORMATION

You agree, as a condition of your use of the EventOnOff Service, to provide EventOnOff with accurate and complete information when registering for or using the EventOnOff Service, and to update and maintain such information. EventOnOff has the right to suspend, restrict or terminate your use of the EventOnOff Service and to refuse any future use of all or portions of the EventOnOff Service if EventOnOff has reason to believe that you have failed to comply with these requirements.

MINIMUM AGE

If you are under the age of eighteen, you are prohibited from using or registering for the EventOnOff Service. By using or registering for the EventOnOff Service, you warrant to EventOnOff that you are above the age of eighteen. In addition, parents of children under the age of 18 should be aware that the EventOnOff Service is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the EventOnOff Service is inappropriate for your child.

TELEPHONE CHARGES

Access to the EventOnOff service is achieved by dialing a toll-free number within the United States. EventOnOff is not responsible for any charges that you may incur from dialing outside of the United States or any other connection charges that you may incur when calling the EventOnOff toll-free phone number, e.g., cellular, mobile, or pay phones.

ACCOUNT SECURITY

When you are registered, you will establish a EventOnOff ID and a PIN. You are responsible for protecting the confidentiality of your EventOnOff ID and PIN, and you are fully responsible for all activities that occur under your EventOnOff ID.

You agree: (a) to exit from your account when you conclude each session, and (b) to immediately notify EventOnOff of any loss, compromise or unauthorized use of your EventOnOff ID and PIN or any other breach of security. You may notify EventOnOff by sending an e-mail to Support@EventOnOff.com. EventOnOff will not be liable for any loss or damage of any kind resulting from either the authorized or unauthorized use of your EventOnOff ID and PIN.

CONSENT TO RECORD YOUR VOICE INPUTS

You agree and consent that EventOnOff may record oral or voice communications, utterances, conversations or commands, made by you during the use of the EventOnOff Service. By using the EventOnOff Service, you expressly consent and grant to EventOnOff the right to record and use these recordings. If you do not authorize EventOnOff to make or use these recordings, you may not use the EventOnOff Service.

EventOnOff is under no obligation to monitor any recordings for accuracy, completeness, or quality. User understands that recordings may or may not resemble that which User intends to record and that EventOnOff is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content (hereinafter defined) of the EventOnOff Service.

RESTRICTION AND MODIFICATION OF SERVICE

You agree that EventOnOff may limit your use of the EventOnOff Service, including without limitation the frequency and duration for which you may access the EventOnOff Service, and that EventOnOff has no responsibility or liability for any unavailability or limitation on use of the EventOnOff Service. In addition, EventOnOff reserves the right at any time to limit: access to, modify, change or discontinue the EventOnOff Service, or any part thereof, with or without notice. You agree that EventOnOff shall not be liable to you or to any third party for any modification, suspension or discontinuance of the EventOnOff Service. You acknowledge and agree that EventOnOff may establish general practices and limits, which may not be published, concerning the use of the EventOnOff Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the EventOnOff Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that EventOnOff has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the EventOnOff Service. You acknowledge that EventOnOff reserves the right to terminate any inactive or dormant account(s). You agree and EventOnOff reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

YOUR CONDUCT

As a condition of your use of the EventOnOff Service, you agree and warrant to EventOnOff that you will not use the EventOnOff Service for any purpose that is unlawful or prohibited by the User Agreement. You may not use the EventOnOff Service in any manner that could damage, impair, disable or overburden the EventOnOff Service, interfere in any way with EventOnOff’s rights, interfere in any way with any other user's use and enjoyment of the EventOnOff Service, or otherwise infringe on any person's rights.

Specifically, you agree and warrant to EventOnOff that:

• You will not use, or attempt to use, the EventOnOff Service to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, indecent, objectionable, or invasive of another person's privacy or proprietary rights.
• You will follow the letter and spirit of the terms of the User Agreement and all applicable laws;
• You will not use, or attempt to use, the EventOnOff Service in connection with any junk messages, spamming, advertising or messages that are duplicative, unsolicited, or promotional in nature;
• You will not send, or attempt to send, messages to emergency lines, to any health care facility or similar establishment, to numbers assigned to radio common carrier services or to any service for which the called party is charged for the call;
• You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;
• You will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with EventOnOff, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
• You will not resell, or attempt to resell, the use of the EventOnOff Service without express, prior written consent/permission from EventOnOff;
• You will not collect, or attempt to collect, or store information about the EventOnOff Service or other users, including contact information, without their consent;
• You will not interfere, or attempt to interfere, with or disrupt connections to the EventOnOff Service or violate the regulations, policies or procedures of such connections;
• You will not attempt to gain unauthorized access to the EventOnOff Service, other accounts, computer systems or networks connected to the Service.
• You will not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password/PIN mining or any other means.
• You agree and EventOnOff retains the right, at its sole discretion, to determine whether or not User’s conduct is consistent with the letter and spirit of the User Agreement. EventOnOff may immediately terminate User’s EventOnOff account if User’s conduct is found to be inconsistent with this User Agreement.

NO SPAM AND CONSENT TO DAMAGES

EventOnOff will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to EventOnOff (and our customer base) in numerous ways including, but not limited to, damaging the EventOnOff brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. EventOnOff retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by EventOnOff; then you agree to pay EventOnOff liquidated damages of $5.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your EventOnOff account; otherwise, you agree to pay EventOnOff's actual damages, to the extent such actual damages can be reasonably calculated by EventOnOff.

COMPLIANCE WITH FEDERAL AND STATE REGULATIONS

User agrees to comply with the rules and regulations with specific regard to the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations and individual State Do Not Call Lists rules and regulations along with any other similar laws that may be applicable to User’s use of the EventOnOff Service. User agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that subscribers use of the EventOnOff Service will not cause EventOnOff to violate these or similar laws.
User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the EventOnOff Service will not cause EventOnOff to violate these or other similar laws.

User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which EventOnOff Services will be applicable. User understands and agrees that EventOnOff will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the EventOnOff Service.

NO RESPONSIBILITY FOR CONTENT

As part of the EventOnOff Service, EventOnOff may offer User access to communications, media and commerce services. EventOnOff does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the EventOnOff Service. You acknowledge that the EventOnOff Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that EventOnOff has no obligation to screen, preview, or monitor such Content. By using the EventOnOff Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the EventOnOff Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will EventOnOff be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the EventOnOff Service.

DISCLOSURE

EventOnOff may make identifiable information available to our employees and third parties with whom we contract. In addition, EventOnOff may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about our users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that EventOnOff may make such uses of information you provide or EventOnOff collects.
While EventOnOff is committed to protect your privacy, EventOnOff does not guarantee that your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that EventOnOff may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with any legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of EventOnOff, its users or the public. EventOnOff does not accept any responsibility for accidental or inadvertent disclosure unauthorized access or other disclosure as required by law or described herein.

As we continue to develop our business, we might sell our company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that EventOnOff, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.

SERVICE FEES AND CHARGES

The basic account fees ("Service Fees") shall be provided at the rates set out in the EventOnOff pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges. EventOnOff may modify subscription Service Fees at renewal periods.

SUBSCRIPTION BILLING

Service Fees for subscription users of the EventOnOff Service will be automatically charged on the first day of each month to the credit or debit card on file for User.

If for any reason payment is not effected through User's credit or debit card and payment becomes past due, EventOnOff will assess a late payment charge of 1.5% per month, or 18% annually (or the highest amount allowed by law, whichever is lower) on the amount due. The total amount of the late payment, and the late charge, shall be due and payable immediately. User is responsible for any fees, including attorney and collection fees that EventOnOff may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the User. Additionally, EventOnOff reserves the right to immediately and without notice terminate the account of any User with a past due balance.

EventOnOff reserves the right to change the billing process upon providing the Subscriber with 30 days notice in writing or via email.

Unlimited Usage on Subscription Accounts: You agree and EventOnOff retains the right, at its sole discretion, to determine whether or not User is abusing the unlimited usage privilege on a subscription account. If EventOnOff determines that an account is abusing the unlimited usage privilege, EventOnOff may restrict or terminate that account. As a guideline only, a user that creates broadcasts that result in more calls per day than the maximum number of recipients in their subscription plan will be considered in abuse of the unlimited usage privilege. Abuse may be addressed by contacting the group admin to warn of excessive usage. EventOnOff reserves the right to charge an additional 9 cents ($.09) per call for any excessive calls, as determined at the sole discretion of EventOnOff.

TERM AND TERMINATION

EventOnOff Service pro-rates based daily basis at the rate chosen at the time of sign up. Users may discontinue their subscription at any time by logging in to the website and selecting “Cancel my Subscription”, or by sending an email to Support@EventOnOff.com.

SERVICE PROVIDERS

The EventOnOff Service may provide User with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the EventOnOff Service. EventOnOff does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. EventOnOff is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and do not involve EventOnOff.

You agree that EventOnOff is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.

LIABILITY DISCLAIMER

YOU AGREE THAT:
A. IF YOU USE THE EVENTONOFF SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE EVENTONOFF SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EVENTONOFF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR EVENTONOFF.COM MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.

B. EVENTONOFF DOES NOT WARRANT THAT (i) THE EVENTONOFF SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE EVENTONOFF SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EVENTONOFF SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EVENTONOFF SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR EVENTONOFF COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE EVENTONOFF SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.

C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE EVENTONOFF SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.

D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM EVENTONOFF OR THROUGH OR FROM THE EVENTONOFF SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT EVENTONOFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EVENTONOFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE EVENTONOFF SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE EVENTONOFF SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE EVENTONOFF SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE EVENTONOFF SERVICE.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless EventOnOff, its officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone. You agree and we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

PROPRIETARY RIGHTS

You acknowledge and agree that the EventOnOff Service and any necessary software used in connection with the EventOnOff Service and Service Providers contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the EventOnOff Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the EventOnOff Service, except as set forth herein. EventOnOff, the EventOnOff logo and other EventOnOff logos, product and service names may be trademarks, service marks or other intellectual property of EventOnOff (the " EventOnOff Marks"). You agree not to display or use the EventOnOff Marks in any manner without the prior, express written permission of EventOnOff.

NOTICE

You agree that EventOnOff may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail or by posting of those notices on the EventOnOff.com web site or through the EventOnOff Service.

ENTIRE AGREEMENT

The User Agreement governs your use of the EventOnOff Service. This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and EventOnOff. They supersede any prior agreements between you and EventOnOff. Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights EventOnOff possesses with respect to this User Agreement.

GOVERNING LAW AND ARBITRATION

The User Agreement and the relationship between you and EventOnOff shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the EventOnOff Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with EventOnOff exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Santa Ana California. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.

MISCELLANEOUS

Any failure by EventOnOff to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any portion of the User Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties' intentions expressed herein. All other provisions of the User Agreement remain in full force and effect.

EventOnOff is providing the following information in an effort to ensure proper and responsible use of the EventOnOff voice broadcasting service.

The EventOnOff voice broadcasting service places the ability to notify thousands of people in the hands of you the subscriber. EventOnOff respects your privacy. Since it is you the subscriber who creates the audio announcement, provides the calling list, and most importantly launches your own calling broadcast, we feel it necessary to provide you the subscriber with the following information in an effort to insure that all EventOnOff call broadcasts are conducted responsibly.

Prior to using EventOnOff make sure you are familiar with any Federal or State Laws that would be applicable to your call campaign.

Be respectful of proper calling time restrictions that would be applicable to your specific call broadcast.
Monitor the EventOnOff "Do Not Call List" report available to you at no charge as part of your EventOnOff voice broadcasting service. In the event a recipient makes a request to be taken off your calling list, do so immediately and indefinitely. Allowing those on your calling list to be removed and avoiding calls to those who do not wish to be called plays a very important role with regard to responsible calling broadcasts.

Follow Federal and State calling time rules and or restrictions.
EventOnOff will ask you to record a brief introduction when you make your first call to our toll free number – this will be played before your message so that callers know who you are.
Provide proper contact information in your recording, such as phone number and address.
It is unlawful to send audio messages to any emergency phone lines. For example, 911 numbers, hospital medical service lines, physicians, health care facilities, poison control centers, fire or law enforcement agencies.
Avoid sending unsolicited audio messages to those who will incur charges. For example: beepers, pagers or cell phones unless proper prior permission has been obtain by the recipient.
Avoid sending pre-recorded sales messages to those with whom you do not have a relationship and to whom you haven't received permission to call.

The Telephone Consumer Protection Act (TCPA) http://www.fcc.gov, the Federal Trade Commission http://www.ftc.gov and the Federal Communications Commission http://www.fcc.gov do not call list registry rules http://www.donotcall.gov and various State laws place restrictions on certain types of phone calls. Typically a call may be exempt from the TCPA if the call:

EventOnOff is in no way attempting to interpret the TCPA of 1991 nor the laws of any State. This information provided is not intended to replace the responsibility of you the subscriber to check out the legal requirements pertaining to your call campaign prior to using EventOnOff voice broadcasting services. You are ultimately responsible to make your own informed decisions regarding your call campaign.