1. Registration Information/Access To This Website
To participate on Marigold Events, you do not need to be a registered member necessarily. You may choose to enter some information while participating (For example, Name, Email Address or Website) on Marigold Events. Marigold Events is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Marigold Events. Illegal and/or unauthorized use of information, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Marigold Events Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the information on Marigold Events. Individuals must be at least 18 years of age to become Users of this website. By joining Marigold Events, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms and Conditions of this Agreement and be responsible for all activity of your membership account.
2. Acceptance of Terms
Marigold Events does not provide any of the products or services advertised or offered by Featured Vendors. We do not guarantee the quality of their goods or services. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the Marigold Events venue are not provided by us and are specifically and solely between you and the Vendor. Any transaction you enter into with a Vendor is strictly between you and the Vendor, and Marigold Events is not a party to that transaction. Any dispute you have with a Vendor is between you and the Vendor, and we will not be a party to that dispute.
3. User Conduct
Users of the Site may not:
- Impersonate another person or entity
- Use the Site to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so
- Offer to provide products or services that violate any applicable law, statute, ordinance or regulation (collectively “Laws”), or offer any products or services in a manner that violates any Laws
- Use information on the Site to send unsolicited email to Members
- Do anything that interferes with or places an undue burden on the Site (as determined by Marigold Events in our sole discretion)
- Violate any terms of this Agreement
4. Additional Terms and Conditions
You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the Website at various places throughout the Site. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the Terms set forth herein, the Terms set forth herein shall govern.
5. Copyright Notice and Creative Commons License
Marigold Events by Neha Gupta Goyal is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License.
All materials on marigoldevents.com, including website design, branding, and the written content are the property of Marigold Events. Marigold Events’s content may be reproduced, remixed, retransmitted, distributed, published, broadcasted or circulated, including to individuals in the same company or organization, only with the express written consent of Marigold Events or proper citation, which includes a link back to our website. Please email firstname.lastname@example.org to get proper citation instructions. DO NOT USE THE CONTENT ON THIS WEBSITE FOR COMMERCIAL USE, which means you should not make money off of the content on this website.
6. Intellectual Property Rights
You agree that all information contained in the site, all programs, processes of access or use, procedures of registration/ordering etc, web-page designs and layouts are the exclusive intellectual property of marigoldevents.com. The trademarks, logos and service marks, displayed on this website are registered and unregistered trademarks of marigoldevents.com and its licensors. marigoldevents.com grants you a limited license to access and use the services of this Site, unless there is an expressed written restriction from marigoldevents.com. In addition, except for information which is in the public domain or for which you have been given expressed permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. When you visit marigoldevents.com and communicate with us, either through e-mail or through “Forms” on the Site, you are communicating with us elector consent to receive communication that is sent to you electronically. We may communicate with you through e-mail or through notices on this Site. You agree that all agreements, notices, disclosures and other communication that is sent to you electronically, satisfy any legal requirement that such communications be in writing.
7. User Posted Content
By submitting and/or posting content to the website, you automatically grant to Marigold Events a royalty-free, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by marigoldevents.com or licensed to others by Marigold Events for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.
As a User, you are responsible for your own content and are responsible for the consequences of your posting such content. You agree to not do the following: post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, “junk mail,” “spam,” chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website. marigoldevents.com does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. marigoldevents.com does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If marigoldevents.com becomes aware of any communication that allegedly does not conform to these Terms and Conditions, marigoldevents.com may investigate the communication and determine in good faith in its sole discretion whether to remove or request the removal of the communication. marigoldevents.com has no liability or responsibility to you for performance or nonperformance of such activities. marigoldevents.com reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, We may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that We would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that We shall be entitled to injunctive relief.
10. Warranty Disclaimer
THIS WEBSITE AND THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Marigold Events HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE CONTENTS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Marigold Events DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Marigold Events DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
11. Limitation of Liability
Marigold Events SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, INCLUDING LOSS OF REVENUE, PROFITS, OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE CONTENT OR INFORMATION PROVIDED ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF Marigold Events HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF Marigold Events LLC EXCEED THE AMOUNT PAID TO Marigold Events LLC FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
12. Hyperlinks to Third-Party Websites
In an attempt to provide increased value to our visitors, Marigold Events may link to websites operated by third parties. Marigold Events has no control over these linked websites, all of which have separate privacy and data collection practices, independent of Marigold Events. These linked websites are only for your convenience, and therefore, you access them at your own risk. Nonetheless, Marigold Events seeks to protect the integrity of its website and the links placed upon it, and therefore, requests any feedback not only for its website, but for websites it links to as well (including if a specific link does not work).
13. Virus Disclaimer
Marigold Events cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. Marigold Events does not assume any responsibility or risk for your use of the Internet.
Any passwords used for this website are for individual use only. You are responsible for the security of your password (if any). Marigold Events is entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Marigold Events considers insecure, Marigold Events will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Marigold Events reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Marigold Events reserves the right to investigate suspected violations of this User Agreement.
Marigold Events reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Marigold Events to disclose the identity of anyone believed to violate this User Agreement. BY ACCEPTING THIS USER AGREEMENT YOU WAIVE AND HOLD HARMLESS Marigold Events FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Marigold Events DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Marigold Events OR LAW ENFORCEMENT AUTHORITIES.
15. Modification of Terms
Marigold Events may revise or modify these terms from time to time, at our sole discretion, by updating this User Agreement. The revised or modified terms will take effect when they are posted. Your continued use of this website constitutes your acceptance to the revised or modified terms. Please review the terms on this website frequently to look for changes.
16. Governing Law and Other Terms
Your use of www.marigoldevents.com shall be governed in all respects by the laws of the State of Virginia. You specifically consent to personal jurisdiction in Virginia in connection with any dispute between you and Marigold Events arising out of this User Agreement, pertaining to the subject matter hereof, or your use of this website. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website (including but not limited to the purchase of continuing education courses) shall be in the state courts located in Cook County, Illionois. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of continuing education courses) must be commenced within one (1) year after the claim or cause of action arises.
Marigold Events’s failure to insist upon or enforce strict performance of any provision of this User Agreement shall not be construed as a waiver of any provision or right. Additionally, neither the course of conduct between the parties nor trade practice shall act to modify any of portions of this User Agreement.
If any part of this User Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This User Agreement constitutes the entire agreement among the parties relating to this subject matter.
Disputes between you and Marigold Events regarding the Site and our services should be reported to email@example.com. We will attempt to resolve any disputes you have with us. Because we are a neutral venue we are not responsible for resolving any disputes between you, other Users or Vendors regarding services or transactions. Any claim or controversy arising out of or relating to your use of this Site, to the goods or services provided through Marigold Events, this Agreement, or to any acts or omissions for which you may contend Marigold Events is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be conducted in Arlington, VA. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to Marigold Events. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in Arlington, VA. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Marigold Events WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Marigold Events goods and services or the Site, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Marigold Events, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Arlington, VA. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
18. Unpaid Fees
If, for any reason, any fees you owe Marigold Events have not been received or in any manner realized by Marigold Events (“Unpaid Fees”), you agree to pay such Unpaid Fees immediately. In addition, Marigold Events may charge interest, in the amount of 2.0% per month (or the maximum amount allowed by law), on any unpaid account balance that you maintain. Any partial payments made by Members will first be applied to the most recent fees owed to Marigold Events, including interest. Marigold Events reserves the right to waive or change our fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us, in our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Marigold Events may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our Site, as determined in our sole discretion. Fraudulent acts include, but are not limited to, trying to post scams on the forums.
20. Changes to Site
Marigold Events is not responsible for the availability, suitability or effectiveness of the Service, whether provided by a third party or not. In addition, We are not responsible for any data you lose as a result of a malfunction of the Service or the Site or for any other reason or any consequential damages resulting from such data loss. You should ALWAYS keep a back-up copy of all such information on your computer and in hard copy. Marigold Events reserves to right to modify or discontinue any Tools or other services provided on the Site at any time without warning.
21. No Agency
You hereby agree and acknowledge that your provision of services and/or your use of the Site, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us. In no event shall you have authority to bind, commit, contract for, or otherwise obligate Marigold Events in any manner whatsoever.
22. Right to Reject or Remove Members
We reserve the absolute right to reject your participation, or remove you from your current participation, in the Marigold Events Site at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the Terms of this Agreement; your creation, maintenance and/or management of more than one account; your non-payment in full any Unpaid Fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of Members; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a Member.
23. Petition for Reinstatement
Upon your removal from the Site, you may petition for reinstatement. Your petition for reinstatement must include the following: (i) a written statement as to why you should be reinstated and (ii) your contact information. Your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a petition does not, in any manner, guarantee, that you will be reinstated and We specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
24. Record Keeping/Audit
We reserve the right to keep all records of any and all communications between you and other Members for administration purposes.
Marigold Events reserves the right to maintain communication with our members in the form of emails and newsletters. Members have the option to unsubscribe from any of our communications by opting out at any time.
Updated On: July 21, 2011