Last updated November 9, 2017
( User Agreement )
The Vervepool website and/or mobile application is owned or operated by Vervepool, LLC (together with its subsidiaries and affiliates, referred to herein as “Vervepool” or “we” or “us” or “our”).
Certain features, products or software that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. In addition, some areas of the Site are provided by our third party partners and are subject to separate terms and conditions of use, which are posted within those areas.
1. Use of Our Site
Vervepool provides a place for Vervepool Users to interact with vendors and book those vendors to provide event services. However, Vervepool does not provide any vendor services, nor is it an agent for the vendors or act as a representative of any User. Therefore, Vervepool has no control over any User’s activity on the Site, including interactions between Users, and we make no representations regarding the quality, accuracy or safety of the services being provided by a vendor or the activities or transactions between Users.
You acknowledge that Vervepool is a neutral venue and not a broker, and you are solely responsible for your interactions with other Vervepool Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Vervepool shall have no liability for your interactions with other Users, or for any User’s action or inaction.
ANY VERVEPOOL USER THAT YOU ENGAGE TO PERFORM WORK IS AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF VERVEPOOL. VERVEPOOL DOES NOT PERFORM WORK FOR YOU AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM WORK FOR YOU. YOU HEREBY ACKNOWLEDGE THAT VERVEPOOL DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A VERVEPOOL USER’S WORK AND IS NOT RESPONSIBLE FOR THE WORK PERFORMED IN ANY MANNER.
Vervepool only enables connections between Vervepool Users, and is not responsible for the performance of Vervepool Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of work performed by Vervepool Users, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Vervepool Users. Vervepool makes no representations about the suitability, reliability, timeliness, or accuracy of the work requested and services provided by Vervepool Users identified through the Vervepool platform whether in public, private, or offline interactions.
When interacting with other Vervepool Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER VERVEPOOL NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE VERVEPOOL PLATFORM AND YOU HEREBY RELEASE VERVEPOOL AND ITS AFFILIATES FROM ANY LIABILITY RELATED THERETO. VERVEPOOL AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE VERVEPOOL PLATFORM.
Where you enter into these Terms on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these Terms.
2. Rules of Conduct
There are rules of conduct that all users and vendors are required to follow when using the Sites. You must not:
- engage in any Circumventing Tactics (as defined below), or direct or encourage others to do so. “Circumventing Tactics” means any method by which a vendor or a user attempts to circumvent the Site, the Vervepool ‘marketplace or Vervepool’ systems to book engagements outside of the Site, the Vervepool ‘marketplace or Vervepool’ systems (e.g., to avoid paying any fees to Vervepool).
- “harvest”,”scrape” (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on or through the Site.
- use unauthorized automated means to access the Site, or otherwise gain unauthorized access to the Site or to any account or computer system connected to the Site.
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
- “flood” the Site with requests or otherwise overburden, disrupt or harm the Site or its systems. (e.g., perform a Denial of Service attack)
- circumvent or reverse engineer the Site or its systems.
- restrict or inhibit another user or users from using and enjoying the Site.
- manipulate or forge identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to us or our employees.
- impersonate any person, including, but not limited to, other community members or our employees.
- engage in or promote spamming, chain letters or other unsolicited communications.
- provide inaccurate, misleading or false information to us.
- post any content or take any action that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal.
- post any content or take any action that seeks to harm or exploit children by exposing them to inappropriate content, behavior, asking for personally identifiable details or otherwise.
- post any content or take any action that contains any information, content or behavior that we deem vulgar, obscene, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise harmful (to Vervepool, vendors or other users of the Site).
- post any content or take any action that contains any information that you know is not correct and current.
- post any content or take any action that, (or, as a vendor, refuse to provide services for any reason that) is fraudulent, unlawful, threatening, harassing, abusive or discriminatory, including, without limitation, discrimination due to race, color, religion, national origin, age or sexual orientation.
- post any content or take any action that encourages criminal conduct.
- post any content or take any action that contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty or operation of law.
- post any content or take any action that advertises or solicits business for products or services other than those that are offered and promoted on the Site,
- post any content or take any action that contains or distributes any virus, malware, spyware or other harmful content or code.
- post any content or take any action that contains any information or content that is illegal, including any information or content that violates regulations promulgated by the Securities and Exchange Commission, or that of any securities exchange, such as the New York Stock Exchange or the NASDAQ Stock Market.
- contact a Vervepool client with an offer or suggestion to book an event listed on Vervepool outside of Vervepool.
- interfere with a Vervepool vendor’s booking.
- contact a Vervepool client in an open or completed booking to warn them away from hiring a Vervepool vendor.
- if you are a vendor, discourage clients from hiring other Vervepool vendor or members.
- discourage and/or prevent Vervepool clients from booking you through Vervepool.
- if you are a vendor, ‘farm’ out client leads (i.e., taking client leads provided to them and transferring these client leads to non-Vervepool vendors and entities or outside the Vervepool Site in any way).
- if you are a vendor, utilize client leads sent to other Vervepool vendors or members but not sent to you.
You also must comply with all applicable laws and contractual obligations when you use the Site. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Site is void where prohibited.
3. Ownership of Site Content and Submissions
You may choose to or we may invite you to submit comments or ideas about the Sites and our other products and services, including without limitation about how to improve the Sites or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Vervepool under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Vervepool does not waive any rights to use similar or related ideas previously known to Vervepool, or developed by its employees, or obtained from sources other than you.
4. Responsibility for Public Postings and Content
Responsibility for what is posted in public areas of the Site lies with each user – you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so. We are not a publisher of user posts and we are not responsible for their accuracy or legality.
5. Registration and Log In
To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Site are only available to our registered users, and to access those areas of the Site you will be required to log in using your username and password.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
If you, as a Vervepool vendor, experience a dissolution, merger or other significant change in personnel, then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all client reviews previously associated with such account.
6. Event Protection Policy
Notwithstanding the foregoing, if you are a vendor, you agree that Vervepool may take certain actions as deemed appropriate by Vervepool for cancellation of bookings after confirmation. Such actions may include publishing a review, suspending you from using the Site or assessing a cancellation fee. Vervepool reserves the right, in certain situations and in its sole discretion, to cancel any booking or issue a refund for a booking made via the Site or related services. As a vendor and/or a User, you agree that Vervepool should not be liable for any such cancellations or refunds.
Billing Policies. You are responsible for paying any and all applicable fees as set forth on our Pricing and Payment Terms at vervepool.com/legal/fees and applicable taxes associated with the Site in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments must be made electronically by the methods specified within the Site. You agree that we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number or expiration date) and to notify Vervepool if your selected payment method is cancelled (e.g., for loss or theft). Vervepool may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
The vendors, and not Vervepool, are responsible for delivering any purchased goods or performing any booked services. If you, as a User of the Site, choose to enter into a transaction with a vendor, you agree and understand that you will be required to enter into an agreement with such vendor and agree to any terms or conditions which may be imposed by such vendor. As a User and a vendor of the Site, you acknowledge and agree that you, and not Vervepool, will be responsible for performing the obligations of such agreements, except as otherwise expressly set forth in this Agreement.
No Refunds. You may cancel your Vervepool account at any time; however, there are no refunds for cancellation except (a) as expressly set forth herein, and/or (b) as required by applicable law. In the event that Vervepool suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Site Content, any unused time on a subscription, any license or subscription fees for any portion of the Sites, any content or data associated with your account or for anything else.
Charges on Your Account. You are responsible for all charges incurred under your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your use of the Site or any services contained therein, including, but not limited to, sales, use or value-added taxes. To the extent Vervepool is obligated to collect such taxes, the applicable tax will be added to your billing account.
Authorization; Payment Processing. You expressly authorize Vervepool to debit or credit any monies from the payment method you have chosen. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Site; provided, however, that such notice will not affect charges submitted before Vervepool could reasonably act. The vendor shall be responsible for all fees associated with the processing of the payment method, including payment processing and associated bank fees.
Disputes. You agree to contact the User or vendor who purchased or sold the goods or services directly with all inquiries regarding such purchased goods or services. Vervepool may, but has no obligation to, handle or facilitate the handling of any disputes between Users.
Booking Fees. When a booking occurs through the Vervepool platform, Vervepool collects a booking fee, as set forth on our pricing and payment page at vervepool.com/legal/fees or disclosed to you at your time of registration or at the time of booking. Should the vendor not perform at the event, the fee will be refunded, provided that all refund requests must be provided as specified in the Event Protection Policy below.
Correcting Mistakes in Payments to Vendors and Customers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous Vervepool refund or reimbursement.
Taxes. Users of the Vervepool platform will be liable for any taxes (including VAT, if applicable) required to be paid on the work provided under the Agreement (other than taxes on Vervepool’s income).
8. Electronic Communications
The communications between you and us via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
9. Copyright Infringement Notices
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail in accordance with the requirements set out in “Vervepool DMCA Policy” below. We have a policy of terminating the Site usage privileges of users who are infringers of intellectual property rights.
10. Changes to the Site
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
11. Suspension or Termination of Access
12. Linking Policies
14. Jurisdictional Issues
We control and operate the Site from our facilities in the United States of America and, unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. We do not represent that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. Applicable Law; No Waiver; Severability
16. Binding Arbitration
17. Exclusions from Arbitration
YOU AND WE AGREE THAT ANY CLAIM FILED BY EITHER PARTY IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO VERVEPOOL, LLC, 4712 ADMIRALTY WAY #522, MARINA DEL REY, CA 90292, BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT INFORMATION, IF YOU HAVE ONE AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Notice of Dispute; Negotiation
IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO LEGAL DEPARTMENT AT THE ADDRESS ABOVE TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.
You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If we do not resolve your Dispute within sixty (60) days from receipt of notice of the Dispute, either party may pursue a claim in arbitration pursuant to the terms of this Section.
18. Initiation of Arbitration Proceeding
If you or we have a Dispute with such party elects to resolve through arbitration, the party initiating the arbitration proceeding shall initiate it with the American Arbitration Association (“AAA“) under its rules and procedures, as modified by this Section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: Vervepool, LLC, 4712 Admiralty Way #522, Marina del Rey, CA 90292
You and we agree to treat the arbitration proceedings and any related discovery confidential. The terms of this Section govern in the event they conflict with the rules of the AAA.
19. Location of Arbitration
The arbitration proceedings shall be held in San Francisco, California, unless you can demonstrate that arbitration in San Francisco would create an undue burden to you. If you can demonstrate that arbitration in San Francisco would create an undue burden to you, we may allow you to initiate the arbitration in your home state.
20. Class Action Waiver
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE SPECIFICALLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, the Dispute will be decided by a court, and you and we each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
This Section shall survive any termination of the provision of the associated services to you.
23. Disclaimer of Warranties
THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THE SITE AND ITS CONTENT AND ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SAMPLE DOCUMENT PROVIDED OR GENERATED BY VERVEPOOL, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
- THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
- THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
- THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,
- THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
- INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE SITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU),
- OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER ABOUT YOUR SPECIFIC CIRCUMSTANCES, INCLUDING BEFORE STARTING ANY TREATMENT, MEDICAL OR OTHERWISE.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED “AS IS“, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.
IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.
YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
24. Limitations of Liability
IN NO EVENT WILL WE OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE VERVEPOOL PLATFORM (INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY VERVEPOOL USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY VERVEPOOL USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY VERVEPOOL OR ITS AFFILIATES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. VERVEPOOL DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE VERVEPOOL PLATFORM.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
25. Worker Classification and Withholdings
AS SET FORTH IN SECTION 1, VERVEPOOL DOES NOT PERFORM WORK FOR YOU ARE EMPLOY INDIVIDUALS TO PERFORM WORK. Each Vervepool User assumes all liability for proper classification of such Vervepool User’s workers based on applicable legal guidelines.
Vervepool Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Vervepool. Each Vervepool User acknowledges that Vervepool does not, in any way, supervise, direct, control or monitor a Vervepool User’s work or work performed in any manner. Vervepool does not set a Vervepool User’s work hours or location of work. Vervepool will not provide any equipment, labor or materials needed for any particular work. Vervepool does not provide any supervision to Vervepool Users.
The Vervepool platform is not an employment service and Vervepool is not an employer of any Vervepool User. As such, Vervepool is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your use of a Vervepool User’s services.
27. Vervepool Event Protection Policy
We strongly encourage clients to work with vendors before opening a claim relating to the booking of entertainment or event services.
28. Vendor Cancellation
In the instance of a vendor cancellation, the vendor must notify Vervepool of the cancellation no less than 48 hours prior to the event date.
If the vendor notifies Vervepool of the cancellation within the required time frame, Vervepool will refund the booking fee, and the client will not be permitted to post a review.
Should the vendor fail to notify Vervepool of the cancellation within the required timeframe, the vendor will forfeit the booking fee, and the client will be permitted to post a review. Further, Vervepool reserves the right to issue a “no-show” on the vendor’s account leading to possible suspension or termination of the vendor’s Vervepool membership.
Vervepool will use commercially reasonable efforts to help find a suitable replacement vendor for the client’s event. If the replacement vendor is hired by the client, the canceling vendor will still forfeit the booking fee, and the replacement vendor’s booking fee will be waived.
Any client deposit and/or balance payments processed through the Vervepool payment system will be refunded to the client by Vervepool. The vendor will then be invoiced by Vervepool for the return of these funds.
Any client deposit and/or balance payments made to the vendor outside of the Vervepool payment system must be returned to the client in full directly by the vendor. Failure to do so may lead to possible suspension or termination of the vendor’s Vervepool membership.
29. Client Cancellation
In the instance of a client cancellation, we ask that the client notify Vervepool as far in advance of the event date as possible.
The client will forfeit any non-refundable payments made prior to the cancellation date. Any refundable payments made by the client through the Vervepool payment system with respect to the cancelled event will be returned to the client by Vervepool provided that the client notifies Vervepool of the cancellation prior to the refundable date.
The return of any client deposit and/or balance payments made to the vendor outside the Vervepool payment system must be negotiated directly with the vendor.
The client will not be permitted to post a review.