TERMS OF USE

Last Modified: July 27, 2020.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY, AND A DISPUTE RESOLUTION CLAUSE THAT SPECIFIES THAT MOST DISPUTES ARISING OUT OF YOUR USE OF THE SITES WILL BE RESOLVED BY BINDING ARBITRATION, AND NOT IN COURT.

Acceptance of the Terms of Use

These Terms of Use (“Terms of Use”) constitute an agreement between you and Togather LLC (“Togather,” “we,” or “us”), the owner of the online virtual event booking platform located at www.togathernow.com, including all subdomains of such website (the “Site”).  Your use of the Site and/or the Platform, applications, Site Content (as defined below), and other services provided by Togather on or through the Site, and any updates to any of the foregoing (collectively the “Services”) constitutes your agreement, without limitation or qualification, to be bound by and to comply with the terms of these Terms of Use.  If you are accessing or using the Site or Services on behalf of a business or other legal entity, in which case “you,” “your” or “user” refers to that entity as well as yourself, you agree to these Terms of Use on behalf of that entity and its affiliates, and you represent that you have the authority to do so.  These Terms of Use, as modified or amended as permitted herein, will continue until terminated by either party. 

You represent and warrant that you are at least 18 years of age or a duly organized, validly existing business, organization or other legal entity in good standing under the applicable laws of the jurisdiction you are established in, and that you possess the legal right and ability to enter into these Terms of Use.  

We may revise and update these Terms of Use from time to time with reasonable notice to you by posting the updated Terms of Use on the Site.  It is your responsibility to review these Terms of Use periodically.  All changes are effective immediately when we post them, and apply to all access to and use of the Site and Services thereafter.  If any changes are not acceptable to you, your sole remedy is to stop accessing or using the Site and/or Services.  Your continued use of the Site and/or Services following the posting of revised Terms of Use constitutes your acceptance and agreement to the changes.  You agree to check this page frequently so you are aware of any changes, as they are binding on you.  If you have any questions about these Terms of Use, please contact us by email at info@togathernow.com.  As email communications are not always secure, please do not include sensitive information in your emails to us.

Please also refer to our Privacy Policy and any other documents agreed to by you in the course of using the Site or any Services, including without limitation, and as applicable, the Privacy Policy and the agreement between Togather and event hosts], each of which is incorporated herein by reference. 

Our Services

Togather provides an online virtual event booking platform (“Platform”) that enables creators, organizers, promoters, producers, sponsors, curators and/or hosts (“Event Hosts”) of virtual events, including but not limited to culinary, beauty, fitness, art, music, and/or entertainment classes or activities (collectively, “Events”), to publish their Events, and communicate and transact with registered users (“Customers”) seeking to browse, review, reserve, pay for, and otherwise access the Events.  Togather does not create, own, control, manage, deliver or supply the Events.  If you are an Event Host, you are solely responsible for your Events.  If you are a Customer and you make a reservation for an Event, you enter into a contract directly with that Event’s Event Host for the Event, and not with Togather.  Togather is not and does not become a party to, insurer of, or other participant in, any contractual relationship between Customers and Event Hosts, and Togather is not acting as an agent for Customers or Event Hosts in any capacity except as set forth in the following paragraph.

If you are an Event Host of a paid Event and you use the payment processing method offered by Togather, Togather acts as your limited agent solely for the purpose of using our third party payment service providers to collect payments made by Customers on the Services and passing such payments to you.

Your Account  

In order to obtain access to certain Services, you need to register by creating an account with Togather.  When you register, you will be asked to provide your full name and email address and create an ID and password (collectively, “Credentials”).  When creating an account, you agree to provide only accurate, current, and complete Credentials and other registration information, and you will keep your Credentials and all public profile information up-to-date if any of such information changes.  Furthermore, you acknowledge that if you wish to participate in certain Events, you may need to provide additional information to the Event Host as a condition of participation.  For example, if you wish to attend an Event where alcohol is served, you may be required to provide proof that you are of legal drinking age to the Event Host.  You represent and warrant that all Credentials and other information you provide to Together or any Event Host is truthful and accurate.       

Togather does not assume any responsibility for the confirmation of any user’s identity or of whether any Customer has met any conditions necessary to attend any Event.  To the extent permitted by law, for safety and transparency purposes, we may ask users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of users, screen users against third party databases or other sources, and/or obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if applicable).

You are solely responsible and liable for any and all access to the Site and/or Services by persons using your Credentials and any and all activities conducted through your account.  You must treat your account information and Credentials as confidential, and you must not disclose, assign or otherwise transfer it to any other person or entity.  You acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or Services or portions of them using your Credentials or other security information.  If there is a dispute between two or more persons or entities with respect to account ownership, Togather shall be the sole arbiter of that dispute and Togather’s decision (which may include termination or suspension of an account) shall be final and binding on those parties.  Please notify us immediately if you become aware that your Credentials are being used without authorization. 

Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Togather may not register for an account, nor may you designate any of those individuals to use your account on your behalf. 

Although it is Togather's intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of the Internet, telecommunications links and/or equipment.  Togather shall not be considered in breach of or default under these Terms of Use or any other agreement with you, and shall not be liable to you or any Event Host or Customer that you have contracted with for any cessation, interruption or delay in the performance of its obligations, or modification, suspension or discontinuation of any of the Services at any time, with or without notice. 

Except to the extent you have agreed otherwise in a separate written agreement between you and Togather, you may cancel or terminate your Credentials, account and/or use of any Services, and the general applicability of these Terms of Use, by providing written notice to Togather via email at info@togathernow.com .  If you are accessing the Site without a registered account, your only option for these Terms of Use to no longer apply is to stop accessing the Site indefinitely.  So long as you continue to access the Site, even without an account, these Terms of Use shall remain in effect.  If there is a separate agreement between you and Togather governing your use of the Site and/or Services, and that agreement terminates or expires, these Terms of Use will govern your use of the Site and/or Services after such termination or expiration.

If you subscribe to receive email communications from us, we may send you email communications to alert you to news about our activities and provide you with other information.  If at any time you would like to stop receiving these email communications, you can follow the opt-out procedures described in such email.

Ownership of the Site and its Contents

The Site, and all information, materials and content contained in or delivered via the Services or otherwise made available in connection with the Services, including without limitation any text, HTML code, trademarks, logos, service marks, trade dress, graphics, photos, videos, sounds, animations, button images, other content or materials, the site design, its selection and arrangement of content, and its "look and feel," (collectively, "Site Content"), is owned by Togather or otherwise made available to Togather through arrangements with third parties.  Site Content is protected pursuant to U.S. copyright, trademark, and other proprietary rights and laws, and any rights not expressly granted herein to you are reserved.  Except as otherwise expressly authorized in writing by Togather, none of the Site Content may be modified, copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, resold, licensed, leased, distributed or commercially exploited by you in any way, and nothing contained on the Site or offering of the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Site Content without the written permission for each such use of the party that owns the Site Content, whether it be Togather or a third party.  Use of any Site Content as part of a link to or from any site is prohibited unless Togather approves the establishment of such a link by prior written consent specific for each such link. 

Your Content

Any content that you contribute, provide, post, or otherwise make available on the Site or via the Services is “Your Content.”  You are solely responsible for Your Content.  You hereby grant Togather a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right and license to access, use, copy, commercialize, and otherwise exploit Your Content in connection with the provision of Services and exercise of Togather’s rights herein, to respond to Customer and/or Event Host questions and otherwise provide support to users of the Site, and to comply with any applicable law.  Notwithstanding the foregoing, Togather does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Use will restrict any rights that you may have to use and exploit Your Content outside of the Services.  You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (ii) complies with all applicable local, state, provincial, national and other laws, rules and regulations; (iii) does not violate these Terms of Use; and (iv) is current, accurate and truthful.  Togather reserves the right to remove Your Content from the Services if Togather believes in its sole discretion that it violates these Terms of Use or for any other reason.  

Togather may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Togather both on the Services and in marketing, advertising and promotional materials.  We likewise may preserve Your Content and account information and may also disclose Your Content and account information 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; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer these Terms of Service; and/or (d) protect the rights, property and/or personal safety of Togather, its users and/or the public, including fraud prevention.  You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.

Limited License to Services

Togather hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Services solely to (a) in your capacity as a Customer, browse the Platform and search for, view, comment on, reserve, register or purchase tickets to a listed Event; and/or (b) in your capacity as an Event Host, create an Event, Event Host profile, and other webpages to promote, market, manage, track, and collect sales proceeds for an Event.  Without limiting other restrictions, limitations and prohibitions that we impose (in these Terms of Use or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence, or organization of all or any part of the Services; (c) rent, lease, resell, distribute or use the Services for other commercial purposes not contemplated under this Agreement or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any copyright, trademark or other proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.

Restrictions on Use of Services

You agree not to use the Site, Services or any other content available on the Site: (i) in violation of these Terms of Use or any applicable laws or regulations, or in a manner that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation, (ii) for any commercial purposes that are not expressly permitted by these Terms of Use, including but not limited to scraping, crawling, or employing any automated means to extract data from the Site or to resell tickets, sell physical goods (except items that have been added as an option in tandem and associated with an Event ticket, e.g. paint set offered with a painting class), administer raffles, sweepstakes, contests, or games of chance of any nature, or otherwise facilitate the sale of anything other than a ticket for an Event that you make available as an Event Host, (iii) to take any action that imposes or may impose (in Togather’s sole discretion) an unreasonable or disproportionately large load on our computing systems or other infrastructure, (iv) for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services and/or the Site to users, or damages our property, (v) to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, investment opportunity, or any other form of commercial solicitation, (vi) to transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code or disruptive files, (vii) to transmit or display any material or information that is illegal, abusive, tortious, misleading, fraudulent, deceptive, defamatory, libelous, discriminatory, obscene, sexually explicit, violative or invasive of another’s privacy, hateful, threatening or otherwise objectionable, or that may harass or harm another individual, (viii) in a manner that infringes, misappropriates, or otherwise violates the intellectual property or other rights of a third party, (ix) in a manner that exposes Togather to legal liability or otherwise harms Togather or any users, (x) to submit or collect any confidential, personal, sensitive or proprietary information (except as may be required in connection with your use of Services, and in this instance, only to the extent permitted by law), (xi) to disrupt, interfere with or otherwise harm or violate the security of the Site or Services, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services, or (xii) in a manner that disparages or injures the reputation or goodwill of Togather and/or its Services.  

Togather reserves the sole discretion and right to terminate or delete inappropriate material from its servers without liability to you.  Togather may cooperate with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws and may use and disclose Your Content to do so.

Disclaimer Regarding Services

Togather is constantly evolving and updating its Platform, Site, and other offerings to better meet the needs of its customers.  Accordingly, we cannot guarantee the availability of certain features or functionality.  We reserve the right to modify, replace or discontinue any part of the Services or the entire Service at any time, for any reason, and with or without prior notice and liability to you.  We also reserve the right to refuse service, disable or prohibit logins or accounts, remove or edit content, limit access to content, or modify or discontinue any portion of the Site in our sole discretion without any liability to you for any reason whatsoever.  We may terminate, suspend, or modify your access to all or part of the Sites, without notice and without any liability to you, if you violate these Terms of Use or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or is otherwise harmful to the interests of us, any other user of the Site, or any third party.

You acknowledge that Togather has no control over and does not guarantee (i) the existence, quality, safety, suitability, accuracy or legality of any Events or content associated with an Event, (ii) the truth or accuracy of any Event descriptions, ratings, reviews, or other information provided by users (including Customer related information shared with Event Hosts in connection with Events), (iii) whether any Customer meets any conditions or requirements to participate in any Event; or (iv) the performance or completion of an Event, or any other conduct of any Customer, Event Host or third party.  Togather does not endorse any Customer, Event Host or Event.  It is your responsibility to exercise due diligence and care when deciding whether to participate in an Event or use other Services, accept a reservation request from a Customer, or communicate and interact with other Customers or Event Hosts, whether online or in person.  

Togather has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Togather engages to provide the Services, that an Event Host chooses to assist with an Event, or that you choose to contract with when using the Services.

Responsibilities of Event Hosts

As an Event Host, you are solely responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your Events, and identifying and obtaining any required licenses, permits, or registrations for all Events you offer on the Site, including without limitation any applicable requirements related to preparing and serving food, selling and serving alcohol, offering sweepstakes or contests, operating tours, and operating vehicles.  Without limiting any other representations or warranties provided elsewhere herein, you represent and warrant to us that you and your affiliates will: (i) comply with all applicable laws, rules, and regulations with respect to Events offered by you or your affiliates, (ii) obtain all applicable licenses, permits, registrations, and other authorizations (each, an “Authorization”) with respect to Events offered by you or your affiliates on the Site, (iii) confirm that all Customers and other participants in an Event meet the requirements of all applicable laws, rules, and regulations, licenses, permits, registrations, or other authorizations, including without limitation any age requirements, (iv) only request that Togather list an Event on the Platform after you have obtained all Authorizations required for such Event, including but not limited to (to the extent applicable) Authorizations to promote, produce, sponsor, host, and/or offer for sale tickets to such Event, Authorization necessary to allow the participation of minors, and Authorizations related to sanitary and similar requirements, (v) provide evidence of your compliance with any applicable law, rule, regulation, or Authorization upon request, and (vi) maintain in effect throughout the term of access to the Event all applicable Authorizations.  You agree to provide evidence of Authorization and related information prior to offering tickets or registrations for Events on the Platform and promptly upon the reasonable request of Togather from time to time.

As an Event Host, your relationship with Togather is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Togather for any reason.  You act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Togather.  Togather does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms of Use specifically, including in connection with your provision of the Events.  You acknowledge and agree that you have complete discretion whether to list Events or otherwise engage in other activities on the Platform.

Fees, Registration Transfers, and Refunds

If you are a Customer, there is no fee for you to create an account and/or access the Services.  You may be charged a fee to register for or buy a ticket to an Event.  These fees may vary based on the type of Event, and may include, without limitation, royalties, taxes, processing fees and fulfillment fees.  As an Event Host, your use of the Services to list and/or host events will be subject to your payment of the monthly subscription fees provided on the Site.  Togather does not control and cannot disclose the fees levied by your bank and/or credit card company.  

If you have purchased tickets as a Customer and wish to request a transfer of tickets to an Event you have purchased on Togather, please contact the Event Host to arrange for a transfer of tickets.  You will not be entitled to any refunds, except only for extenuating circumstances as determined in the sole discretion of Togather.  If you are unable to reach the Event Host, or the Event Host is unable to accommodate a refund request or arrange a ticket transfer, please contact us at info@togathernow.com.

You acknowledge that should you receive a refund for your ticket, you will discard physical copies and delete electronic copies of any ticket that we or any Event Host has delivered, and will not use it (or any copy of it) to attend the event.  Violation of the foregoing constitutes fraud.  You acknowledge that the applicable procedure to check the validity of the ticket must always be followed.  

Togather will not be held liable under any circumstances for costs and/or damage: (i) associated with tickets arisen from fraud or suspected fraud, (ii) associated with the purchase of the ticket through non-official means, such as third parties (except pursuant to a transfer as approved by the Event Host or Togather), or (iii) from non-compliance by Event Hosts with applicable procedures that must be implemented by Event Hosts to check validity of tickets.

Geographic Restrictions

Togather is based in the United States.  We provide the Site and Services for use only by persons located in the United States.  The Site and Services are not directed to persons outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If you access the Site or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

LIMITATION OF LIABILITY

YOUR USE OF THE SITE, SERVICES, AND OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE IS AT YOUR OWN RISK.  THE SITE, SERVICES, AND OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SITE ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND.  TOGATHER DISCLAIMS ALL WARRANTIES REGARDING THE SITE, SERVICES, AND SUCH CONTENT WHATSOEVER AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE.  TOGATHER ALSO MAKES NO WARRANTIES THAT: (A) THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SITE OR THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL CODE.  

THE FOREGOING DISCLAIMERS AND ALL OTHER DISCLAIMERS MADE IN THESE TERMS OF USE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS OF USE. 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL TOGATHER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OF ANY KIND OR CHARACTER TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, LOSS OF USE, LOSS OF INCOME OR PROFIT, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER HARMFUL MATERIAL OR ANY OTHER CONTENT, MATERIALS, OR INFORMATION CONTAINED IN OR ACCESSIBLE THROUGH THE SITE OR SERVICES OR OTHER LOSSES OF ANY KIND OR CHARACTER, REGARDLESS OF WHETHER TOGATHER HAS BEEN INFORMED OF THE LIKELIHOOD OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE SITES, THE CONTENT AND MATERIAL ON THE SITES, OR THE SERVICES PROVIDED THROUGH THE SITES.  IN THE EVENT THAT TOGATHER IS FOUND TO BE LIABLE TO YOU, NOTWITHSTANDING THE FOREGOING, EXCEPT AS PROHIBITED BY LAW, THE TOTAL AGGREGATE LIABILITY OF TOGATHER UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE FOLLOWING: (I) FOR CUSTOMERS OR OTHER USERS, THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO SUCH LIABILITY, OR IF YOU MADE NO PURCHASES, ONE HUNDRED U.S. DOLLARS (US $100), AND (II) FOR EVENT HOSTS, THE FEES PAID IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM.

YOU AND TOGATHER AGREE THAT THIS SECTION, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND TOGATHER.  YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, TOGATHER WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

RELEASE AND INDEMNITY

You understand and agree that Events may carry inherent risk, such as risk of physical injury, and by choosing to participate in those Events, you freely and willfully assume those risks voluntarily.  You hereby release Togather from all damages (whether direct, compensatory, indirect, incidental, consequential, special, exemplary or punitive or otherwise), losses, liabilities, costs, and expenses of every kind and nature, whether known or unknown, arising out of or in any way connected with (i) a dispute between you and a third party (including other users) in connection with the Site, Services or any Event offered on the Site, or (ii) your or your affiliates' Authorization, any failure to obtain or maintain any Authorization, or any error in obtaining or maintaining any Authorization.  You hereby waive any applicable law or statute which states, in substance, “A general release does not extend to claims which the releasing party does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the released party.”

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TOGATHER AND ITS OFFICERS, DIRECTORS, AGENTS, LICENSORS, PARTNERS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES OR THE SITE OR ANY EVENT THAT YOU PARTICIPATE IN OR HOST, (B) ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, (C) YOUR CONTENT, (D) YOUR BREACH OF THESE TERMS OF USE (INCLUDING THE PRIVACY POLICY AND ANY OTHER TERMS INCORPORATED IN THESE TERMS OF USE), OR (E) YOUR OR YOUR AFFILIATES’ AUTHORIZATION, ANY FAILURE TO OBTAIN OR MAINTAIN ANY AUTHORIZATION, OR ANY ERROR IN OBTAINING OR MAINTAINING ANY AUTHORIZATION.  EVEN IF TOGATHER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH CLAIM.  YOU HEREBY AGREE TO WAIVE (TO THE EXTENT PERMISSIBLE) ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING INDEMNITIES AND RELEASES.  THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

Compliance with Export Restrictions

You may not access, download, use or export the Site or Services in violation of United States export laws or regulations or in violation of any other applicable laws or regulations.  You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.  You acknowledge and agree that the Services may be subject to the United States Export Administration Laws and Regulations and agree that none of the Services or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

Privacy Policy

Togather respects your privacy and protects your personal information pursuant to the terms of our Privacy Policy which can be found at https://togathernow.com/privacy-policy/

In connection with the use of certain Services and when you create an account on the Site, you may be asked to provide certain personal information.  By providing such information, you grant Togather a worldwide, royalty-free, perpetual, nonexclusive, and fully transferable license to use, distribute, reproduce, modify, publish and translate the personal information solely for the purpose of enabling your use of the applicable Service or account and as otherwise permitted pursuant to the Privacy Policy.  

If you are an Event Host, you represent, warrant, and agree that (i) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from or receive about other users, and (ii) you will at all times comply with any applicable policies posted on the Site with respect to information you collect from or receive about other users.

Third Party Sites and Additional Terms

The third party sites linked to the Site (“Linked Sites”), if any, are not under the control of Togather, and Togather is not responsible for the content of Linked Sites.  Any Linked Sites referenced from the Site have been selected by or on behalf of Togather or selected by Event Hosts or Customers for your convenience.  If you decide to access any Linked Sites, you do so entirely at your own risk.  Any use of the Linked Sites will be subject to, and any information you provide will be governed by, the terms of the Linked Site, including but not limited to those relating to confidentiality, data privacy and security.  Togather does not endorse or approve, and makes no warranties, representations or undertakings relating to, the content of any Linked Site.  TOGATHER HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY LINKED SITES. TOGATHER IS NOT LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT ANY LINKED SITES.  LINKED SITES MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF TOGATHER AND THE LINKED SITE MAY PROVIDE LESS SECURITY THAN TOGATHER’S SITE.

Customers Needing Extra Assistance

Togather aims to provide full access to the Site and Services regardless of disability.  If you are unable to read any part of the Site, or otherwise have difficulties using the Site or any Services, please contact us by email at info@togathernow.com and we will assist you.

Governing Law; Jurisdiction and Venue

These Terms of Use shall be governed by the laws of the state of New York without regard to its conflicts of law rules, and the Federal Arbitration Act.  If any controversy or claim between you and Togather arises out of your use of the Site or these Terms of Use (collectively, “Legal Disputes”), that is not resolved through direct discussions or mediation, the dispute shall be resolved by final and binding confidential arbitration before a single neutral arbitrator administered by the American Arbitration Association in accordance with its consumer arbitration rules or subsequent versions thereof (“AAA Rules,” available at www.adr.org) or, if the claims qualify, in small claims court.  Legal Disputes include, but are not limited to: (i) all claims arising out of or relating to any aspect of the relationship between you and Togather, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; and (ii) all claims that may arise after termination of these Terms and/or your use of the Services that arise out of your previous use of the Site or these Terms.  In arbitration there is no judge or jury, and court review of an arbitration award may be limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court.  To begin an arbitration proceeding, the party bringing a claim must send a letter by certified mail to the other party requesting arbitration that describes the claim and specific relief sought.  We will send the letter to the address or other contact information you have provided us.  You must send the letter to us at the contact information provided below in the Notice section.  The AAA Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in New York.  You may choose to have the arbitration conducted by telephone, based on written submissions or in person in the county where you live or at another mutually agreed location.  We each agree that the statute of limitations for asserting any claims arising out of use of the Site or Services or these Terms of Use shall be a period of one year from your last use of the Sites.  We each agree that any and all disputes, claims, and causes of actions arising out of or connected with these Terms of Use or the Sites shall be resolved individually, without resort to any form of class, consolidated, or representative action.  Notwithstanding the foregoing, either of us may bring suit in court to enjoin infringement or other misuse of confidential information or intellectual property rights.  If for any reason a claim proceeds in court rather than in arbitration, we each hereby consent to the jurisdiction of the state and federal courts located in New York, and irrevocably waive any right we each may otherwise have to challenge the appropriateness of such forums on any basis, including but not limited to lack of personal jurisdiction, improper venue, or inconvenience of the forum, and waive any right to a jury trial.  This dispute provision will survive termination of these Terms of Use.

You have the right to opt out and not be bound by the dispute resolution provision set forth above by sending a written notice of your decision to opt-out to the contact information provided below in the Notice section, with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT."  The notice must be sent within thirty (30) days of your first use of the Site; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs.  Note that if you opt out of these arbitration provisions, Togather also will not be bound by them.

Your Rights to Submit a Takedown Notice

Togather respects the intellectual property rights of third parties and requires others to do so also.  If you believe that your copyrighted work or other intellectual property right is being used on our Site in a manner that infringes your work, you must notify Togather as set forth below in this section.

Togather will investigate notices of claimed copyright infringement and other intellectual property violations that it receives and take necessary actions under the Digital Millennium Copyright Act (“DMCA”) regarding any asserted or actual infringement.  To report such a claim, email Togather’s “Designated Copyright Agent” or “DMCA Agent” at info@togathernow.com with the Subject line “Takedown Request Per DMCA”.  This notice must be written and must 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 right infringed;

A description or the copyright work or other intellectual property right that you claim has been infringed;

A description of the material that you claim is infringing and the location where the infringing material resides on our Site (such as a link to such material on our Platform);

Your street address, telephone number, and email address;

A statement that you have a good faith belief that the asserted infringing use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that all of this information recited above in your notice is accurate and complete and that you are the owner or authorized to act on behalf of the copyright owner or other intellectual property owner. 

You may submit a “Counter-Notification” to our DMCA Agent if you believe that Your Content that was the subject of a DMCA notice, and that Togather removed, is not infringing (or is otherwise authorized by law) and was removed improperly.  To submit this notice you must provide in writing:

Your physical or electronic signature;

Identification of the content that was removed and the location at which it appeared before its removal;

A statement that you have a good faith belief that the content was removed as a result or a mistake or misidentification of that content;

Your street address, telephone number, and email address; and

A statement that you consent to jurisdiction of the federal courts within New York for the litigation of any disputes involving the counter-notification and that you will accept service of process.

Togather will send a copy of any counter-notification that it receives regarding Your Content to the complainant (copyright owner or other intellectual property owner), informing the complainant that it may restore the removed content within ten (10) business days.  If the complainant declines to do so, unless the complainant files an action seeking a court order against the poster, Togather may restore that content in ten (10) to fourteen (14) business days after receipt of the counter-notification.

Notices

Notices to you may be sent via email or regular mail to the address that you provided to Togather.  The Services may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.  If you wish to contact Togather or deliver any notice, you can do so via email to info@togathernow.com

General Information

Togather may, without your consent or approval, freely assign these Terms of Use, our rights and obligations under these Terms of Use, and/or the Site and Services to a third party in connection with a corporate transaction or otherwise.  You may not assign these Terms of Use or your rights and obligations under these Terms of Use without our prior written consent.

These Terms of Use, together with the Privacy Policy, and any other agreements or policies agreed to by you in the course of using the Site or any Service, constitutes the entire agreement between Togather and you with respect to your use of the Site and Services, and it supersedes all prior or contemporaneous communications and proposals between Togather and you with respect thereto.  In the event of a conflict between the Terms of Use and any other written agreement between you and Togather, the agreement between you and Togather shall control.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  Any and all sections of these Terms of Use that by their nature should survive the termination of these Terms of Use shall survive, including without limitation, all limitations of liability, indemnification obligations, disclaimers, dispute provisions, choice of law, intellectual property protections and licenses).  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.