TERMS OF SERVICE

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Prior to usage of this VenueBroker.biz website (Site), please review the following terms of service (Terms). The Site is owned and operated by VenueBroker, LLC (VB). The Site provides information and certain services to those professional and casual, non-professional planners (Planners) and to any business and/or service provider (Supplier) subject to the following terms and conditions outlined below. Any person, individual, group and/or business (User(s)) must accept all of the terms and conditions within and referenced including our Privacy Policy. Use of any part of the Site constitutes acceptance of the Terms and Privacy Policy. If Terms conflict with any other documents, the Site’s Terms will supersede. You may only use certain portions of the Site if you are a registered/authorized User, Planner or Supplier (as defined below). The Terms are effective and accepted upon use of the site. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use the Site under any circumstances. Please return to this page occasionally to review the most current version of the Terms. VB reserves the right, at our sole discretion and at any time, to change or modify the Terms without prior notice, and your continued access and/or use of this Site signifies your acceptance of the updated or modified Terms. Unless otherwise provided, and to the extent legally allowed, all determinations made by VB or Site will be in its sole discretion.

1. Site Function and Overview

The Site provides the User access to curated offerings of detailed and specific information regarding New York City Suppliers (VB may also display offerings outside of New York City). The Site illustrates and provides details on a range of Suppliers that provide the services that Planners are looking for to match their next meeting or event. We currently define service providers as restaurants and/or private space and/or raw venue spaces and/or any other business that the meetings and events industry would commonly utilize. VB through the Site may from time to time also offer spreadsheets (Lists). These Lists are commonly used by Planners to assist in the planning process and are arranged in a common spreadsheet format and may be filtered, sorted or otherwise manipulated to the User’s preference once the list has been purchased. Each type of list is explained in detail as to what to expect in its contents, but may not currently be previewed before purchase. All sales are final and there are no refunds. The Site uses a secured, third party merchant gateway for processing credit card payments for transactions. All Users of the Site are responsible for obtaining access to the Site, access may involve third-party fees (for example; Internet service provider or mobile phone data charges, etc). The Site is not responsible for any external charges or fees to Users of the Site; nor any hardware/software needed to access the Site.

2. User Eligibility

The Site does not allow access to minors, which is defined as any person under the age of 18. By accepting the Terms, the User confirms they meet this requirement. In addition, the Site does not allow access or usage of the Site to any Users suspended or removed from active User status for any reason. Users may not trade, transfer or sell their Site account. Site Users are responsible for keeping their logon ID/password confidential; access to Site, logon information are strictly for User account holders and are not to be shared.  Users are not to have more than one active account registered. The user affirms that they have, or have been given permission by their respective employer, the authority to bind the entity to the Terms. If you do not qualify or cannot meet these minimum requirements, you may not use the Service or the Site.

3. Your Account

Usage of the Site, by definition, means that the User represents that he/she is of legal age, as stated in prior section of these Terms, to form a binding contract and are not a person(s) barred from receiving services under the laws of the United States or other applicable jurisdiction. User also agrees that he/she will only use the Site for the purposes it was intended. User agrees to provide true, accurate, current and complete information about his/herself and/or company/business (Company) they represent as indicated in the Site's registration application form. User agrees to accept responsibility for all activities that occur under his/her account or password. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), VB & Site will have reasonable grounds to suspend or terminate your account and refuse any and all current or future use of the Site. All Users are responsible for maintaining the confidentiality of his/her account and password. Users agree to notify Site administration immediately of any unauthorized use of their respective account or any other breach of security. VB & Site, in its sole discretion, reserves the right to terminate, refuse service, suspend usage, or remove or edit content. Furthermore, VB & the Site, at its sole discretion, retains the right to deny access and/or usage to anyone at any time and for any reason, including, but not limited to, violation of the Terms or Privacy Policy.

4. User Provided Collateral and Submissions:

The User and/or Supplier grant VB through use of the Site, on behalf of the entity or company that the User represents, royalty-free, worldwide, non-exclusive license to use any such provided logo, statements, submission, language, logo or other representative information, usage by VB and the Site for purposes of marketing, promotion and to exploit for sole purpose of the business goals of VB.

The User and/or Supplier represent fully that any submission or collateral provided is:

• Owned by User/Supplier and that the User/Supplier have full legal rights to utilize their submissions provided to VB and the Site

• VB and the Site may require the manipulation, reformatting, altering, resizing, paraphrasing the material that is provided electronically or otherwise

5. Communication via Email or Site

As a User of the Site you agree that all agreements, notices, disclosures and other communications that Site provides to you electronically satisfies any legal requirement that communications be in writing. The User consents to receive communications from Site electronically. Site will communicate with you via email or by way of posting notices on the Site itself.

6. Links

User acknowledges and agrees that VB, its Site shall not be responsible or liable, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any site or resource that has been offered as link via the Site and/or Lists. VB and Site has no control over such sites and resources and will not be held responsible or liable for content, service, product or software compatibility issues that may result in damage to User’s hardware of software from such sites.

7. Disclaimer of Liability and Warranty

ALL CONTENT PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, THIS INCLUDES PRICING ERRORS. VB DOES NOT GUARANTEE THE ACCURACY AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS AND/OR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES. VB EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS ON THE SITE. VB MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE.

ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT FOR OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. VB DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL ORIGINATING FROM VB, ITS AFFILIATES, PARTNERS AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VB, ITS AFFILIATES, PARTNERS, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

VB AND ITS AFFILIATES AND PARTNERS ARE NOT LIABLE FOR THE ERRORS, OMISSIONS, ACTS, REPRESENTATIONS, NEGLIGENCE WARRANTIES OR BREACHES OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THERE FROM. VB AND ITS AFFILIATES ACCEPT NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL VB, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS/PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF VB, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS/PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Limitation of Liability

USERS EXPRESSLY UNDERSTAND AND AGREE THAT VB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

If, despite the limitation above, VB and/or Site, its Affiliates or respective Suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of VB/Site, its Affiliates and/or respective Suppliers/Partners will in no event exceed the greater of ten percent (10%) or $100USD, whichever is lesser, of the price of the purchase in connection with such transaction(s) through this Site.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of VB and Site, its Affiliates, and/or their respective suppliers/partners.

9. Indemnity

Users agree to indemnify and hold harmless VB and Site (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this Terms, your violation of any law or the rights of a third party, or your use of the Site.

10. Access To Password Protected/Secure Areas

Access to and use of password protected or secure areas of the Site is restricted to authorized Users only. Any User that is unauthorized and attempts to access these areas of the Site may be subject to prosecution.

11. Modification and Notification of Changes

VB reserves the right to make changes/modification to the Site including changes to Terms, Privacy Policy and Supplier agreement at any time. If VB decides to make such changes/modifications it will notify you by means of at least one of the following:

1. Email: email will be sent to the address the User provided during the application process. It is the User’s responsibility to ensure they read the email and VB is not responsible for your failure to receive an email due to any spam email filtering; please ensure your email is set to properly accept emails from VB/Site and that VBSuites.com is an approved domain according to your IT department; and

2. Site: VB will display a message on our Site for 30 days announcing any such Terms, Privacy Policy and/or Supplier agreement changes/modifications.

Once modification of Terms and/or Privacy Policy notice has been posted for 30 days the notice will be removed. The effective date of the newly modified Terms and/or Privacy Policy will be posted in the respective areas of the Site.

12. Trademarks

All service marks, trademarks and logos ("Marks") displayed on the Site are the property of VB and/or various affiliates, partners, suppliers and other parties. Users of the Site are prohibited from using any Marks for any purpose including, but not limited to use as tags on other pages or sites on the Internet without the written permission of VB or such third party which may own the Marks. All information and content on the Site is protected by copyright, including all software ("Content"). Users are prohibited from copying, modifying, transmitting, publishing, licensing, distributing, selling, or displaying and/or creating displaying, publishing, selling, licensing, creating any imitative work based on any Content available on or through the Site for commercial or public purposes without expressed written authorization from VB and/or its affiliates, partners, suppliers and other parties.

13. Copyright

The Site and any VB proprietary spreadsheets/lists and its contents that are sold through the Website include content such as, but not limited to; logos, graphics, text, names, information, features, functionalities, images, data, photographs, graphs, and other materials. All content is the exclusive property of VenueBroker, LLC and its partners and/or licensors and is protected by copyrights, trademarks and/or other proprietary rights and subject to applicable laws and regulations. We grant our users the personal, single (one), download per product per purchase of our proprietary spreadsheet(s)/list(s), non-exclusive, non-transferable and revocable right to access and use the Site and to any purchased spreadsheet(s)/list(s) product VenueBroker, LLC sells; such right is conditioned on the user’s compliance with all the Terms herein. The User of the Site may not download more than one product for any single purchase, the purchased spreadsheet/list may NOT be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of VenueBroker, LLC. Furthermore, the user is not allowed to alter, edit, adapt, reassemble, reconstruct, or create a derivative work based upon our spreadsheet(s)/list(s) for purposes of their own, gain, resale or redistribution. The User agrees not to act or exploit any of the content within the spreadsheet(s)/list(s) in a manner inconsistent with the rights granted or restrictions set forth within these Terms.  All rights reserved parties.

14. VenueBroker, LLC Contact Information

For all issues/concerns regarding the Site, please contact us as needed. We can be reached in the following ways:

By mail:
VenueBroker, LLC
228 Edgecombe Ave
New York, NY 10030
By email: ContactUs@venuebroker.biz

VB may update this contact information as needed. Users agree that changes to this contact information (Section 13) shall NOT constitute a “modification” to this Terms as described in Section 10.

15. General

These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. By submitting information to this Site, or agreeing to any contract with VB, or obtaining any services of VB by reason of using this Site, you and/or your company agree that any action at law or in equity arising out of or relating to these terms, or any agreement you or your company enter into with VB, shall and must be filed only in the state or federal courts located in New York County, New York, and you and your company hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Breach of this mandatory venue selection provision, shall require the breaching party to be liable for damages, including attorney’s fees and costs, which may be incurred by the non-breaching party in order to transfer any action arising out of or relating to this Site, this agreement or any contract with VB, from any court outside of New York County, New York, to the courts located in New York County, New York. If any provision of these terms shall be held or determined to be unlawful, void, or for any reason unenforceable, by a court of competent jurisdiction, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions, including but not limited to this mandatory venue provision. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.