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Subscriber Agreement

Subscriber Introduction

We start every new subscriber relationship with a subscription agreement. The following agreement outlines what you can expect from us, and what we expect from you. Once you click “Submit” on our account creation and payments screens, you signify you agree to what you read below and acknowledge that you have agreed. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Only by clicking “Submit” will you be able to access and use the services available on this website.


This Subscriber Agreement (the “Agreement”) is effective on the first date Snappening provides Subscriber with the Agreement confirmation for the account creation and login under this agreement, by and between Snappening, LLC., an Indiana limited liability company (“Snappening”) and the Subscriber referenced above (“Subscriber”). The Terms of Use and Privacy Policy (as the same may be amended from time to time) found on the snappening.com website are hereby incorporated by reference herein.

The services (“Services”) to be provided to the Subscriber by Snappening, and the fees payable to Snappening are described on the following pages:

Consumer Subscriptions

Professional Planner Subscriptions

Venue Subscriptions
Payment:

Subscriber agrees to pay Snappening the fees set forth on the Snappening.com website (the “Fees”) in consideration for Snappening’s services set forth on the various consumer, professional event planner, venue and advertising subscription agreements. Unless otherwise indicated on the website or subscription agreements, all Fees shall be paid to Snappening, without setoff, within twenty (20) of invoice or immediately online via an automatic payment processing center. All sales, regardless of whether or not they are made via invoice or online via an automatic payment processing center, are final.

Notice:

Any notice, request, instruction or other communication to be given hereunder by any party hereto shall be in writing and shall be deemed to have been duly given on the date of delivery, provided delivery is actually tendered at the appropriate address, addressed to the persons identified below (i) in person, or (ii) by overnight courier service, or (iii) three days after deposit in the U.S. mails by first class certified mail, postage prepaid, return receipt requested, all addressed as set forth below:

If to Subscriber: At the address provided through the snappening.com website
If to Snappening: PO Box 2765, Indianapolis, IN, 46206-2765
Governing Law and Subscriber:

Each of the parties hereby knowingly, voluntarily and intentionally agrees that any actions or proceedings arising directly or indirectly from this Agreement shall be governed by the laws of the State of Indiana. Each of the parties hereby irrevocably consents and submits to the exclusive jurisdiction and Subscriber of courts of the State of Indiana. Each of the parties hereby waives any right any of them may have to transfer or change the Subscriber of any litigation brought against it or brought by it in accordance with this section. Each of the parties acknowledges and agrees that it has received full and sufficient consideration for this provision and that this provision is a material inducement for such party entering into this Agreement.

Default:

Any failure by Subscriber to comply with any term(s) of this Agreement shall be considered a “Default” under the Agreement. In the event of such Default, Snappening may immediately terminate this Agreement and the Services and shall be relieved of any and all of its obligations under the Agreement. This provision shall not impair, waive or limit any other remedies available to Snappening at law or equity.

Indemnification:

Subscriber shall indemnify, hold harmless and, if requested by Snappening, defend Snappening from and against all losses, damages, expenses (including attorneys’ fees and costs), claims, suits and liabilities, to the extent arising out of or resulting directly or indirectly from any act or omission of Subscriber, product or service provided by Subscriber, use of the Snappening.com website by the Subscriber or breach of this Agreement by Subscriber.

Release and Limit of Liability:

To the fullest extent permitted by law, Subscriber on behalf of itself and its successors, assigns, heirs, legal representatives, hereby release and discharge Snappening and Snappening’s sponsors, Subscribers, customers, volunteers, employees, agents, independent contractors, officers and directors (“Releasees”) from and covenant not to sue Releasees with respect to any and all liability, claim, demands, causes of action, damages, suits and controversies, whether arising at law or in equity that they have or may have in the future whether known or unknown arising from or in any way relating to the use of Snappening.com or the Services, or to any death, personal injury or property damage to Subscriber or its employees or agents or representatives unless it arises from the gross negligence or intentional misconduct of Snappening. In the event Snappening is liable to Subscriber, the liability of the Releasees shall be limited to, and the sole and exclusive remedy of Subscriber shall be, payment of the Fees. Subscriber shall have no right, and hereby waives such right if any exists, to pursue or recover any punitive, special, indirect, consequential, incidental or compensatory damages. Subscriber acknowledges that this limit of liability applies to any and all theories of liability, including but not limited to negligence and strict liability.

Miscellaneous:

Snappening and Subscriber are independent contractors. Subscriber may not assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of Snappening. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. All costs and expenses incurred by a party to enforce its rights in the case of a breach of this Agreement by the other, including reasonable attorney fees and court costs, shall be borne by the breaching party. If one or more of the provisions in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Each party represents and warrants to the other that such party is duly organized, validly existing and in good standing in its jurisdiction of organization, that this Agreement has been duly authorized, executed and delivered and constitutes a legal, valid and binding obligation enforceable against it in accordance with its terms. This Agreement is the entire agreement and understanding of the parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, undertakings and agreements, written or oral, between the parties. This Agreement can only be modified by an agreement by both parties.

 
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