WEBSITE TERMS AND CONDITIONS & PRIVACY POLICY

Event Derby 

Website Terms 

Purchase of any Certification Program theeventproducerschool.com and any use of the Event Derby website (“Website”) as well as other Event Derby social sites and platforms not limited to Facebook, Instagram, LinkedIn, Twitter, YouTube, and others, (together with the Website referred to as the “Web & Social Sites”) is subject to the following Disclaimer, Terms of Use & Privacy terms and conditions agreement (the “Website Terms”). The Web & Social Sites are owned and operated by Event Derby LLC (“Event Derby” “us” or “we”). Purchase of a Certification Program and any use of the Web & Social Sites (even just browsing one of our Web & Social Sites is considered “use”) is an acknowledgement by YOU (“You,” “Your” and “User”) that these Terms, as amended from time to time, have been read and accepted by YOU (“Consent”). You intend to be legally bound by your Consent, you are aware that we will rely on your Consent, and you waive any defenses to the enforcement of the Website Terms based on the form of Consent. 

DISCLAIMER: INFORMATION ABOUT EVENT PLANNING IS NOT GUARANTEED 

Company is NOT a “Licensed Professional,” and is NOT providing business, legal or tax advice as a licensed tax or accountant, attorney, or any other type of licensed professional, or legal advice. The information provided on the Web & Social Sites and the content included with any of the information is intended as general information about event planning and is offered purely for informational purposes. All information and content are provided without warranty, express or implied. Your use of any information or content is at your own risk and you should not act upon this information without seeking the advice of an appropriate licensed professional such as a CPA or attorney. The Company and any of its employees, contractors, attorneys, accountants, or licensed professionals who participated in providing the information expressly disclaim any warranty or guarantee. 

Assumption of Risk. The use of the Web & Social Sites is at your sole risk. The Website and any information or service provided through the Web & Social Sites is provided on an "as is" and "as available" basis. Event Derby expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non infringement. We make no warranty that (1) the Website will meet your requirements, (2) the Website, and any information or service provided by the Website, will be uninterrupted, timely, secure, or error-free, (3) the results of using the Website, and any information or service provided by the Website, will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained through your use of the Website will meet your expectations, or (5) that any errors in any software utilized by the Website will be corrected. No advice or information, whether oral or written, obtained by you from or through the Company will create a warranty not expressly stated in these Website Terms. 

TERMS OF USE 

Changes to Website Terms of Use. The Website Terms may be modified at any time by us upon posting of the modified Website Terms. Any such modifications will be effective immediately. You can view the most recent version of these terms at any time at insert web URL. Each use by you will constitute and be deemed your unconditional acceptance of the Website Terms. 

Event Derby Services Description. Event Derby owns and operates a “Certification Program” that offers three levels of certification where you can take online video courses as well as participate with other tools to obtain certification for event planning and producing (“Services”). Event Derby is NOT providing tax, accounting, or legal advice. The information provided and the content included with any of the  Certification Programs is intended as general information about event producing and planning and is offered purely for informational purposes. 

Participant Services. We endeavor to enable Participants to build a foundation of event planning and producing from a beginner level to intermediate and finally an advanced level. The “Participant Services” include the use of our online “Platform” to fulfill the guided curriculum within nine (9) months by watching online video courses, attending regularly scheduled video call meetings, and receiving informational emails. 

Delivery of Services. Company will facilitate the delivery of any Services that are to be delivered by electronic means. Company will utilize your provided email addresses to provide Services through electronic mail, these Services include but are not limited to redemption certificates and vouchers with an access code.  

Services that require physical shipping will be shipped by a third-party company.  

Purchases. All purchases are at your own risk. It is your responsibility to understand the terms of the purchase that you will be required to review and accept at check out. Company makes no promises or representations or any guarantee of results (see Disclaimer above). 

Refund Policy. Company has a “No Refund Policy” which means that the fees charged for any purchases are fully earned by the Company at the time of payment and the funds that you pay belong to the Company. You will not receive a refund for any purchases. If you have any questions, please contact us before making a purchase. 

Accessing the Website and Account Security. We reserve the right to withdraw or amend this Website, and any Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. You are responsible for: 

  •  Making all arrangements necessary for you to have access to the Website. 
  •  Ensuring that all persons who access the Website through your internet connection are aware of these Website Terms and comply with them. 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to using any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

If you choose, or if you are provided with any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information. 

We have the right to disable any user at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. 

Ownership. You acknowledge and agree that the Services provided by this Website and any necessary software used in connection with any Services ("Software") contain proprietary and confidential information that is the property of the Company and its licensors and is protected by applicable intellectual property and other laws. No rights or title of, to any of the Software used in connection with any Services is provided, transferred, or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Product or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, which authorization will not be unreasonably withheld, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or Software, in whole or in part. 

Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13. 

Trademarks. You acknowledge the Company’s exclusive rights in the Company’s trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in the Web & Social Sites are the property of the Company. We retain all rights with respect to any of their respective intellectual property appearing on the Web & Social Sites, and no rights in such materials are transferred or assigned to you. 

The Web & Social Sites may include content provided by third parties. All statements and opinions expressed in content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties. 

Compliance with Laws. You must abide by all Federal, State, and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. 

Indemnification. You agree to indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of the Website Terms by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from the Web & Social Sites. 

Limitation of Liability. The Company, its subsidiaries, affiliates, licensors, service providers, content, providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income,  loss of data, pain and suffering, emotional distress, or similar damages, even if we have been advised of the possibility of such damages, such damages were reasonably foreseeable or we were grossly negligent.  In no event will the collective liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, regardless of the form of action (whether in contract, tort, or otherwise), exceed the greater of the amounts you have paid to the Company for the use of the Web & Social Sites, or any Services the Company provides. 

Limitation of Time to File Claims. Any cause of action or claim You may have arising out of or relating to this Web & Social Sites, any Services provided by the Company, or the Website Terms must be commenced within ONE (1) year after the cause of action accrues otherwise such cause of action or claim is permanently barred.  

Fees. If you purchase any items from the Web & Social Sites, then you will be charged according to the items purchased, in addition to applicable sales tax and shipping costs. 

Methods of Payment. User authorizes the Company to charge your credit card, ACH, or other method of payment that you input when requested during check out. 

Prohibited Uses. You may use the Web & Social Sites only for lawful purposes and in accordance with these Website Terms. You agree not to use the Web & Social Sites:  

  •  In any way that violates any applicable federal, state, local or international law or regulation;  
  •  For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; 
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Website Terms;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; 
  • To impersonate or attempt to impersonate the Company, including our employees or representatives, another user or any other person or entity, including, without limitation, by using e mail addresses or screen names associated with any of the foregoing; or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web & Social Sites, or which, as determined by us, may harm us or users of the Web & Social Sites or expose them to liability. 

Additionally, you agree not to:  

  • Use the Web & Social Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Web & Social Sites, including their ability to engage in real time activities through the Web & Social Sites;  
  • Use any data-mining, scraping, crawling, using any robot, other automatic device, script, technology or processes that send automated queries to the Web & Social Sites, or using other similar methods and tools to gather or extract data, material or other information from the Web & Social Sites, without our prior written consent, which consent may be withheld and withdrawn by us at any time, with or without notice, in our sole discretion (unless you create a script to download your personal transactions), process or means to access the Web & Social Sites for any purpose, including monitoring or copying any of the material on the Web & Social Sites;  
  •  Use any manual process to monitor or copy any of the material on the Web & Social Sites or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Web & Social Sites;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; 
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Web & Social Sites, the server on which the Website is stored, or any server, computer or database connected to the Website; 
  •  Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or 
  • Otherwise attempt to interfere with the proper working of the Website. 

Governing Law; Venue; Actions. If there is any dispute about or involving the Web & Social Sites, the Website Terms, you agree that any dispute is governed by the laws of the State of Utah without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of the county of Utah, located in the state of Utah. 

International Use. Although the Website may be accessible worldwide, the Company makes no representation that materials and Software on the Website are appropriate or available for use in locations outside of the United States. Accessing the Website from territories where such content is illegal is prohibited. Users who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.  

Severability. If any provision(s) of these Website Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of these Website Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 

No Waiver of Contractual Right. The failure of the Company to exercise or enforce any right or provision of these Website Terms will not operate as a waiver of such right or provision or limitation of the Company’s right subsequently to enforce and compel strict compliance with every provision of these Website Terms. Any waiver of these Website Terms by the Company must be in writing and signed by an authorized representative of the Company. 

Relationship of the Parties. Nothing contained in these Website Terms or your use of the Web & Social Sites will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions. 

Entire Agreement. This Agreement constitutes the entire agreement between you and the Company and governs the terms and conditions of your use of the Web & Social Sites, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Web & Social Sites and Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website. You should visit the Website and review the Website Terms periodically to determine if any changes have been made. Your continued use of the Web & Social Sites after any changes have been made to the Website Terms signifies and confirms your acceptance of any such changes or amendments to the Website Terms. 

Copyrights Policy. We respect others’ intellectual property rights, and we ask that users do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of Users who infringe the intellectual property of others. To protect the intellectual property rights of others, we have adopted the following policy in accordance with Section 512 of the Digital Millennium Copyright Act (“DMCA”) with respect to alleged copyright infringement by users of the Website: 

     

Procedure for Reporting Copyright Infringements. If you believe that material residing on or accessible through the Web & Social Sites infringes your copyright, you may provide us with a written notice of the alleged infringement to the Designated Agent listed below. The notice must include the following information: 

     

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

  1. Identification of the copyrighted work claimed to have been infringed; 
  2.  Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material; 
  3. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 
     

Removal of Allegedly Infringing Material. Once a proper infringement notice is received by the Designated Agent, we may remove or disable access to the allegedly infringing material. We will make reasonable attempts to notify the User that we have removed or disabled access to the material. We may terminate access to the Website to Users who are repeat offenders. 

     

Counter-Notice Procedure. If a User believes that their material that was removed or to which access was disabled is not infringing upon a copyright, that User must send a counter-notice to the Designated Agent, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. The counter-notice must contain the following information: 

  1. A physical or electronic signature of the User; 
  2.  The location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
  4. The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which RMA may be found, and that the User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. 

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored after receipt of the counter-notice in accordance with the DMCA. 

Designated Agent and Contact for any questions: 

Name: Christy Granat 

Email: [email protected]

 

PRIVACY POLICY 

Last modified: May 8, 2023 

Introduction. We respect your privacy and are committed to protecting it through our compliance with this policy. 

This policy describes the types of information we may collect from you or that you may provide when you visit the Website insert web URL and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect: 

  •  On this Website. 
  •  In email and other electronic messages between you and this Website. 
  •  When you interact with us directly or on third-party websites and services if those applications include links to this policy.

It does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
  • any third party (including our affiliates and subsidiaries), including through any application or content that may link to or be accessible from or on the Website. 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this “Privacy Policy.”  

Children Under the Age of 13. Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: email address. 

Information We Collect About You and How We Collect It. We collect several types of information from and about users of our Website, including information: 

     

by which you may be personally identified, such as name, email address, credit card number (”Personal Information”); 

  •  that is about you but individually does not identify you and/or 
  •  about your internet connection, the equipment you use to access our Website and usage details. We collect this information: 
  •  Directly from you when you provide it to us. 
  •  Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies. 

Information You Provide to Us. The information we collect on or through our Website may include: 

     

Information that you provide by filling in forms on our Website. This includes information provided at the time of subscribing to our membership programs. We may also ask you for information when you report a problem with our Website. 

  •  Records and copies of your correspondence (including email addresses) if you contact us.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website. 

We do not allow information to be published or posted directly on the Website or transmitted to other users of the Website or third parties.  

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: 

     

Details of your visits to our Website, including any other communication data and the resources that you access and use on the Website. 

     

Information about your computer and internet connection, including your IP address, operating system, and browser type. 

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to: 

  •  Estimate our audience size and usage patterns. 
  •  Store information about your preferences, allowing us to customize our Website according to your individual interests. 
  •  Recognize you when you return to our Website. 

The technologies we use for this automatic data collection may include: 

     

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you will not be able to use our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. 

How We Use Your Information. We use information that we collect about you or that you provide to us, including any personal information:  

  •  To present our Website and its contents to you. 
  •  To provide you with information, products, or services that you request from us. 
  •  To fulfill any other purpose for which you provide it. 
  •  To provide you with any applicable notices about the services or products. 
  •  To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. 
  •  To notify you about changes to our Website or any products or services we offer or provide though it. 
  •  Bank account or credit card transaction data: You may choose to purchase Services from our Website. To submit payment for such Services, You will be required to provide “Payment Information” such as your credit card and bank account information and additional information may be required, such an email address, name, and mailing address. You understand and agree that the Payment Information is collected and processed by a “Third-party Payment Vendor” pursuant to the terms and conditions of the Third-party Payment Vendor’s privacy policies and terms of use. You agree that the Third-party Payment Vendor, and not the Company, is solely responsible for your Payment Information, and the Company will not be liable for any damages, claims or liabilities arising from the Payment Information.  

Third-Party Links. We work with other companies or developers to offer you products and services and you may choose to sync, link or connect to other third-party services from our Website. If you choose to accept these services,  

providing your consent to either the third party or to us, we may exchange your information, including your Personal Information, as well as information about how you interact with each company’s service or product. 

Disclosure of Your Information. We will not disclose aggregated information about our users from the personal information that we collect, or you provide as described in this privacy policy to any third party. We may disclose your personal information: 

     

To comply with any court order, law, or legal process, including to respond to any government or regulatory request. 

  •  To enforce or apply our Website Terms and other agreements, including for billing and collection purposes. 
  •  If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. 

Use of Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. 

Your California Privacy Rights. California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to: email address. 

Data Security. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a login token or link for access to certain parts of our Website, you are responsible for keeping this login token or link confidential. We ask you not to share your login tokens or links with anyone. We urge you to be careful about giving out information in public areas of the internet like message boards.  

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our  Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. 

Changes to Our Privacy Policy. It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes. 

Contact Information 

To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected].