Commissioned, LLC

Event Organizer Terms of Use

Overview

These Event Organizer Terms of Use (“Terms of Use”) are entered into between you and Commissioned, LLC (“Commissioned,” “we,” or “us”). The Terms of Use govern your access to and use of the Commissioned Events ticketing platform at www.commissioned.global, including any content, functionality, and services offered on or through it (the “Site”).

By using the Site, you agree to be bound and abide by these Terms of Use in addition to Commissioned’s general terms of use located on the website posted here (“General Terms of Use”). If there is a direct conflict between these Terms of Use and the General Terms of Use, the General Terms of Use will take precedence. Commissioned may terminate your ability to use the Site without notice if you do not comply with the Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Site.

Commissioned reserves the right to make changes to the Site and to the Terms of Use at any time. All changes are effective immediately when posted. Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.

All Information that Commissioned collects on this Site is subject to our Privacy Notice posted at the Site here. By using the Site, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms of Use. To the extent there is a conflict, the Terms of Use supersede the Privacy Notice.

All Site Content (as defined below) is current as of the date it is posted on the Site to the best of Commissioned’s knowledge.

Commissioned’s Services and Role

Commissioned hosts a platform for event organizers (“Event Organizers”) such as you to create profiles and pages related to their events (“Events”), promote those pages to visitors, and manage online or onsite ticketing and registration.

Commissioned is not the creator, organizer, or owner of the Events listed on the Site. Rather, Commissioned merely provides the platform, which allows Event Organizers like you to manage their events and related activity. You, as an Event Organizer, are solely responsible for ensuring that any page displaying an Event on the Site and the Event itself meets all applicable, local, state, provincial, national, and other laws, rules, and regulations, and that the Event is described in an accurate, clear and non-deceptive manner.

Limited License And Prohibited Uses

Commissioned grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Site Content while using the Site to create Event registrations, organizer profiles, and other webpages to promote, market, manage, and track information for Events.

Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Site Content without prior written permission of Commissioned is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Site Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Marks (as defined in Section 4) or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near Site Content.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not:

Use the Site in any way that violates any applicable law or regulation.
Use the Site for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
Send, knowingly receive, upload, download, use or re-use any material that does not comply with the Terms of Use.
Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Impersonate or attempt to impersonate Commissioned, a Commissioned employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Commissioned, may harm Commissioned or users of the Site or expose them to liability.
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Commissioned’s prior written consent.
Use any device, software or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Harvest or collect email addresses or other Personal Information of other users by electronic or other means except as permitted in connection with your Event.
Harvest or collect sensitive Personal Information, such as health information, social security numbers, financial information, payment card numbers, or passport numbers.
Otherwise attempt to interfere with the proper working of the Site.

As an Event Organizer, you agree not to use the Site to organize Events with the implicit or explicit purpose of or involving:

The violation of these Terms of Use or any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Site;
Any election campaigns that are not run by a registered organization within the supported country;
Content or Events that are fraudulent, misleading, inaccurate, dishonest, or impossible;
Illegal drugs, narcotics, steroids, controlled substances, pharmaceuticals or other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body, or legal substances that provide the same effect as an illegal drug or other products that present a risk to safety or any related equipment or paraphernalia;
Knives, explosives, ammunition, firearms, or other weaponry or accessories, unless they are associated with the theme of the event, are safely secured from unauthorized use, and are carried in accordance with applicable law;
Annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., investment opportunities or other services that promise high rewards), network marketing or referral marketing programs, debt collection or crypto-currencies;
Gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards or sweepstakes;
Events we deem, in our sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
Activities within or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
Funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
Pornography or other sexual content;
Offensive, graphic, perverse or sensitive content;
The sale of items before the seller has control or possession of the item;
Credit repair or debt settlement services;
The receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Event description;
Publication content (such as mug shots), where the primary purpose of posting such content is to cause reputational harm or raise similar concerns;
The sale or resale of a service without added benefit to the buyer;
The aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
Counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
Products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
The unauthorized sale or resale of brand name or designer products or services;
The sale of goods or services that are illegally imported or exported;
Collecting or providing funds for any purpose other than as described in an Event description;
The sale of securities;
Any other activity that the Commissioned may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature;
Raising funds for a minor without the express permission of the minor’s guardian unless the funds are transferred into a trust account for the sole benefit of the minor; and
Any other activity that Commissioned may deem in its sole discretion to be unacceptable.

With respect to all transactions you conduct or payments you accept through the Site, you agree:

Not to accept any payments that you know or suspect to be erroneous, suspicious, fraudulent, or illegal;
Not to use the Site in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (“OFAC”);
To maintain a copy of all electronic and other records related to events and ticket purchases as necessary for Commissioned to verify compliance with these Terms of Use and make such records available to Commissioned upon our request; for clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable law; and
At Commissioned’s request, including without limitation in case of investigations by Commissioned, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.

Commissioned reserves the right to refuse, condition, suspend or terminate any Event that it believes in its sole discretion may violate these Terms of Use or harm the interests of users, our business partners, the public, or Commissioned, or that expose you, Commissioned, or others to risks unacceptable to us in our sole discretion. We may share any information related to your use of the Site with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account or registration, your Events, User Contributions (as defined in Section 5), or transactions made through or in connection with your use of the Site.

This Site is not intended for children under 16 years of age, or under 13 years of age in the United States. For more information, please see our Privacy Notice.

Intellectual Property

The Site and its entire contents, data, features, and functionality (including but not limited to text, graphics, video, logos, button icons, databases, and images) (“Site Content”) are the property of Commissioned or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Site Content does not include User Contribution(s), as defined below.

The Commissioned name and related logos are trademarks and service marks (“Marks”) of Commissioned. Commissioned Marks may not be used without advance written permission of Commissioned, including in connection with any product or service that is not provided by Commissioned, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Commissioned. Other products or company names mentioned on the Site may be trademarks or service marks of their respective owners.

If you believe that any content on the Site violates your intellectual property rights, please notify Commissioned as described in Section 28.

User Contribution

The Site contains sections that allow users to post, submit, upload, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (“User Contribution”) on or through the Site.

All User Contributions must comply with the content standards set out below.

Any User Contribution you post to the Site or make available to Commissioned will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or to Commissioned, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, create derivative works, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contribution and have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contribution you submit or contribute, and you, not Commissioned, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Commissioned is not responsible or liable to any third party for the content or accuracy of any User Contribution posted by you or any other user of the Site.

Commissioned has the right, but no obligation, to monitor all User Contributions and other areas and features of the Site to determine compliance with these Terms of Use and any other operating rules we establish. Commissioned has the right in its sole discretion to edit, refuse to post or remove any User Contribution. We do not control any User Contribution on the Site. Commissioned may preserve User Contributions and may also disclose User Contributions if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any User Contribution violates the rights of third parties; or (d) protect the rights, property, or personal safety of Commissioned, its users or the public.

Copyright; Digital Millennium Copyright Act

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to connect@commissioned.io (Subject line: “DMCA Takedown Request”).

Our designated copyright agent to receive DMCA Notices is:

Commissioned, LLC
Attn: James Kramer
5440 W 110th St, Suite 300
Overland Park KS 66211

To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site, with enough detail that we may locate it;
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 copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:

your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

We may, at our sole discretion, limit access to the Site and/or terminate the account of any user who infringes any intellectual property rights of others.

Feedback

You agree that submission of any ideas, suggestions, documents, and/or proposals to the Commissioned through its suggestion, feedback, forum or similar pages, or any other channels (“Feedback”) is at your own risk and that the Commissioned has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to the Commissioned a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully transferable and sublicensable right (through multiple tiers) and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, without acknowledgement or compensation to you.

Third Party Content

This Site may include content provided by third parties. All statements and opinions expressed by third parties are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Commissioned. Commissioned is not responsible for the content or accuracy of any materials provided by any third parties.

Links To Other Web Sites

Commissioned may provide links to external web sites for the convenience of Site users. The inclusion of an external link on this Site does not constitute or imply support or endorsement of any kind. Commissioned does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy notice for such Sites.

Account Registration

To access portions of the Site, you will be asked to provide registration details or other Information. You must be at least the age of majority in the jurisdiction in which you reside in order to register for an account on the Site. It is a condition of your use of the Site that all Information you provide to register is complete, current, and accurate. All Information you provide to register with the Site, complete a transaction through the Site, or otherwise is governed by our Privacy Notice.

Use and Protection of Login Credentials

You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”). You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Commissioned immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Commissioned reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Commissioned’s opinion, you have violated any provision of these Terms of Use. If there is a dispute between two or more persons or entities as to account ownership, Commissioned will be the sole arbiter of that dispute and Commissioned’s decision (which may include termination or suspension of the account) will be final and binding on those parties.

Ticket Sales

If you sell tickets or otherwise make them available, you understand and agree to the following:

You will obtain, prior to the sale of any tickets through the Site, all applicable licenses, permits, and authorizations with respect to Events hosted by you or your affiliates.
You and your affiliates will ensure that the venues for each Event hosted by you or your affiliates will comply with all applicable laws, regulations, rules, and ordinances.
You will not sell tickets for any Event that would violate these Terms of Use if it were organized as a campaign on the Site under the General Terms of Use, including any event involving activities listed under Section 3, “Limited License and Prohibited Uses.”
You are solely responsible for all Events and the actions of Event attendees. Commissioned is not liable under any circumstances for damages or harm to Event attendees arising from ticket sales or Event attendance.
You will handle all payments for tickets.
You have reviewed the Ticket Purchaser Terms of Use located on the website at commissioned.global/ticket-purchaser-terms-of-use, and you will act in a manner consistent with those Ticket Purchaser Terms of Use.
Commissioned may terminate your right to sell tickets at any time, for any reason.
Commissioned may provide you with information regarding consumers who purchase or otherwise obtain tickets, including free or transferred tickets (“Ticket Purchasers”) that was provided at the time the purchases were made, such as contact information. Commissioned makes no warranty regarding that information, which is provided as-is to you.
You will comply with Section 13, Warnings Related to COVID-19.

All other terms in these Terms of Use and Commissioned’s general terms of use apply to your ticket sales and Events, including any limitations of liability and indemnity obligations

Warnings Related to COVID-19

COVID-19 is an extremely contagious disease that can lead to severe illness and death. An inherent risk of exposure to and contraction of COVID-19 exists in any place or venue where people gather. You assume any and all risks, costs, and harms arising from or relating in any way to the risk of contracting, exposure to, or contraction of COVID-19 and you hereby waive any and all claims and potential claims against Commissioned relating to such risks, harms, and/or exposures and will indemnify Commissioned for such claims under Section 22.

You will follow state safety and health policies in connection with your Events (including, but not limited to, those related to the COVID-19 pandemic), which could include, but are not limited to, health screening or vaccination requirements. You acknowledge that venues may continue to develop and update these policies due to the uncertainty or evolving nature of the COVID-19 pandemic or other safety or health concerns. By hosting an Event, you agree that you will comply with such policies and ability to host an Event is conditioned on such compliance.

If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, any other pandemic or epidemic, or any other health or safety concern, you are required to reduce attendee capacity to an Event or cancel an Event in its entirety, you will coordinate ticket refunds and/or credits with Ticket Purchasers without the assistance of Commissioned.

Refunds And Other Transactions After Purchase

All transactions are between Event Organizers and Ticket Purchasers. Event Organizers must process and resolve all Ticket Purchaser transactions, other than the initial purchase on the Site, such as refund and ticket transfer requests, directly with the Ticket Purchaser. Commissioned will not handle refund or ticket transfer requests on behalf of Event Organizers.

Fees

Creating an account, listing an Event and accessing the Site is free. However, we charge fees when you sell Event tickets.

You agree to pay a 5% non-refundable ticketing fee to Commissioned at the time a ticket is purchased by a Ticket Purchaser for your Event. Upon ticket purchase, you can choose how you would like to pay this fee (i.e., fees can be included in the ticket price you set and deducted from your sales at the time of your payout or fees can be paid separately by ticket purchasers on top of the ticket fee).

Event Organizers ultimately determine whether these fees will be passed along to Ticket Purchasers and shown as “Fees” on the applicable Event page or absorbed into the ticket or registration price and paid by the Event Organizer out of ticket and registration gross proceeds.

The fees charged to Ticket Purchasers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Ticket Purchasers for an Event are not necessarily the same as those charged by Commissioned to the applicable Event Organizer. In addition, certain fees are meant, on average, to defray certain costs incurred by Commissioned, but may in some cases include an element of profit and in some cases include an element of loss.

Commissioned does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing or selling tickets in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.

As an Event Organizer, you must follow all appropriate procedures to confirm ticket validity at the Event. Commissioned is not liable for costs or damage arising from fraud or for damage associated with obtaining a ticket through non-official means, such as third parties.

Delivery of Tickets

You may deliver tickets to Ticket Purchasers by email or other means enabled on the Site. The Ticket Purchaser will receive a claim code in the ticket communications, which can be redeemed for a ticket through the same communications.

Privacy and Ticket Purchaser Information

As an Event Organizer, you represent, warrant and agree that (a) you will at all times comply with all applicable laws, rules and regulations with respect to information you collect from (or receive about) Ticket Purchasers, and (b) you will at all times comply with any applicable policies posted on the Site, including the Commissioned Privacy Notice, with respect to information you collect from (or receive about) Ticket Purchasers.

Event Organizer Representations and Warranties

As an Event Organizer, you represent and warrant the following:

All content provided in connection with an Event is accurate, complete, and not likely to deceive attendees;
You will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting and asset disclosures related to you, any Event, or the receipt of ticket sales; and
To the extent you share any Personal Information with us, you have the authority (including by obtaining any necessary consents), as required under Applicable Law, to provide us with such Personal Information and allow us to use such Personal Information for the purposes for which you shared it with us.

Communication Tools

Commissioned may provide a means for you to communicate with Ticket Purchasers, including directly through the Site or by email. You agree that all communications will comply with this Agreement and relevant law, including laws against spam email. You accept all liability for those communications. Commissioned’s communications tools are provided as-is with no warranty. Commissioned may but is not required to monitor all communications on or through the Site.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE, ORGANIZING AND HOLDING EVENTS, AND CONDUCTING TRANSACTIONS RELATED TO THE SITE ARE AT YOUR SOLE RISK. WHILE COMMISSIONED ATTEMPTS TO PRESENT ACCURATE INFORMATION ON THE SITE, THIS SITE IS PROVIDED ON AN “AS-IS” BASIS. COMMISSIONED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY EVENT, THE OPERATION OR CONTENT OF THIS SITE OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, COMMISSIONED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

YOU ACKNOWLEDGE THAT COMMISSIONED HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, ACCURACY OR LEGALITY OF ANY EVENT OR CONTENT ASSOCIATED WITH AN EVENT, THE TRUTH OR ACCURACY OF ANY INFORMATION PROVIDED BY TICKET PURCHASERS (INCLUDING THE TICKET PURCHASER’S PERSONAL INFORMATION SHARED WITH EVENT ORGANIZERS IN CONNECTION WITH EVENTS) OR THE ABILITY OF ANY TICKET PURCHASERS TO PERFORM OR COMPLETE A TRANSACTION. COMMISSIONED HAS NO RESPONSIBILITY TO YOU FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY THIRD PARTIES, INCLUDING THOSE THAT AN EVENT ORGANIZER CHOOSES TO ASSIST WITH AN EVENT, OR THAT YOU CONTRACT WITH WHEN CREATING AN EVENT.

SOME EVENTS MAY CARRY INHERENT RISK, AND BY ORGANIZING THESE EVENTS, YOU ASSUME ALL RISKS ASSOCIATED WITH THEM. FOR EXAMPLE, SOME EVENTS MAY CARRY RISK OF ILLNESS, BODILY INJURY, DISABILITY, OR DEATH, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO ORGANIZE THOSE EVENTS.

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

COMMISSIONED, ITS DIRECTORS, ITS CONTRACTORS, AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM AN EVENT, THE USE OF THIS SITE OR ANY SITE FOR WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS OF USE IS TO STOP USING THE SITE. COMMISSIONED WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE SITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD OR AN EVENT IS CANCELLED OR POSTPONED.

COMMISSIONED’S MAXIMUM LIABILITY, WHETHER BY STATUTE, IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE OR ITS CONTENT, WILL NOT EXCEED THE FEES YOU PAID COMMISSIONED IN THE LAST SIX (6) MONTHS, OR, IF GREATER, $100.

Indemnification

You agree to defend, indemnify and hold harmless Commissioned, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any liabilities, damages, judgments, awards, losses, costs, third party claims, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to these Terms of Use, an Event or your use of the Site, including, but not limited to, your content, any use of the Site Content, services, and products other than as expressly authorized in these Terms of Use.

Limitation On Time To File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Injunctive Relief

You agree that a breach of these Terms of Use will cause irreparable injury to Commissioned for which monetary damages would not be an adequate remedy and Commissioned shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

Waiver And Severability

No waiver by Commissioned of a term or condition set forth in these Terms of Use shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Commissioned to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, Commissioned’s General Terms Of Use and Privacy Notice constitute the sole and entire agreement between you and Commissioned with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Term and Termination

These Terms of Use will remain in full force and effect while you use the Site. Even after you are no longer a user of the Site, those provisions of these Terms that by their nature are intended to survive will remain binding on you, including Sections 1, 6, 11, 12, 14, 16, 17, 19-30 and the Privacy Notice.

You agree that Commissioned, in its sole discretion, may suspend or terminate your access to the Site (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of Kansas will govern these Terms of Use and any disputes under them, without giving effect to any principles of conflicts of laws.

Any controversy or claim arising out of or relating to these Terms of Use shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Johnson County, Kansas. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

With respect to any disputes or claims not subject to arbitration, you and Commissioned agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Johnson County, Kansas.

Notices

All formal notices and communications relating to these Terms of Use must be in writing and delivered personally, by overnight delivery service, or by first class prepaid mail with return receipt requested to:

Commissioned LLC
Attn: Legal
5440 W 110th St, Suite 300
Overland Park KS 66211

Communications and Contact Information

Commissioned may contact you regarding these Terms of Use or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Commissioned, you can click on the “unsubscribe link” provided in such communications or contact us at connect@commissioned.io.

For all other feedback, comments, requests for technical support, and other communications relating to the Site, these Terms of Use, and the Privacy Notice, please contact us at connect@commissioned.io or by mail at the address in Section 29.

EFFECTIVE DATE: July 25, 2022