Event Planner Agreement

Date of Last Amendment: November 4, 2010

Important: Read the entire agreement.

This agreement applies to all members of the class.org website that use the event planning services portions of the classy.org website, except for 501(c)(3) nonprofit organizations that have accepted the "nonprofit member agreement."

By using the event planning services portions of classy.org, you signify that you have read, and accept, this agreement. you will be contractually bound by the terms contained herein.

This agreement may be amended from time to time. Changes to this agreement will only apply prospectively. A given amendment will not apply to claims arising before, or arising from facts occouring before, the point in time when that amendment was published to the classy.org website.

It is your responsibility, and your responsibility alone, to check the terms of this agreement to see if revisions have been made. The date of the last amendment made to this agreement will be posted at the top of this page. You should check the terms regularly. Your continuing use of the classy.org website will constitute your acceptance of any changes that have been made to this agreement. If you do not wish to accept any changes made to this agreement, you may cancel your registration for event planning services or your membership with the classy.org website at any time.

1. General

Parties - This is an Agreement by and between Classy Productions Incorporated ("Classy"), a California corporation, and you, the individual or entity, seeking access to, and use of, the Event Planning Services portions of the classy.org website (the "Event Planner").

Legally Enforceable Agreement - This Agreement will constitute a legally enforceable contract. Classy and the Event Planner acknowledge and affirm their respective intentions to be legally bound by this Agreement.

General Description of "Event Planning Services" - This Agreement governs the Event Planner's access to, and use of, Classy's "Event Planning Services." The Event Planning Services include, but are not necessarily limited to, Classy's event ticketing software and various online pages/ platforms designed to facilitate the Event Planner's ability to host offline events.

Certain Definitions - (1) The phrases "classy.org member(s)," "member(s) of classy.org," or simply "members" (and all readily apparent variants of these general phrases) are meant to include both individual members of the classy.org website (those users that have previously entered into the "Member Agreement") and Classy's member-charities (those users that have previously entered into the "Nonprofit Member Agreement")(2) The phrases "member-charity" or "member-charities" only include 501(c)(3) nonprofit organizations that have previously entered into the "Nonprofit Member Agreement." (3) The phrases "individual member" or "individual members" refer only to users that have previously entered into the "Member Agreement;" they do not refer to member-charities (4) All references to the "Classy Event Planner Agreement," "the Event Planner Agreement," "the Events Agreement," "this Agreement," "the Agreement," or simply "Agreement" refer only to this document entitled "Event Planner Agreement;" when reference is made to the separate "Nonprofit Member Agreement" or the separate "Member Agreement," the specific phrases "Nonprofit Member Agreement" or "Member Agreement" (and only those phrases) will be used.

Scope of Agreement - As a prerequisite to entering into this Agreement, the Event Planner will have already entered into the "Member Agreement." That previously accepted agreement only governs Event Planner's use of the member-restricted portions of the classy.org website (certain pages, tools, user capabilities etc. which require membership to the classy.org website). This Agreement exclusively governs Event Planner's use of the "Event Planning Services," which include all portions of the classy.org website, and any related tools, functionalities, content etc. that only become accessible after entering into this Agreement. The "member-restricted" portions of classy.org will continue to be governed by the previously accepted "Member Agreement."

More on The Event Planner - The Event Planner - By entering into this Agreement, the Event Planner represents and warrants that (1) Event Planner is age EIGHTEEN OR OLDER (2) Event Planner's registration information is truthful and accurate and (3) Event Planner's decision to enter into this Agreement and use Classy's Event Planning Services does not violate any applicable law. If the Event Planner represents an organization or other entity, the Event Planner further represents and warrants that (4) Event Planner is a duly authorized agent of such entity possessing actual authority to enter into contracts generally, or this contract in particular, on behalf of the entity. If, at any time, Classy becomes aware that any of the above representations is false, Event Planner's access to the classy.org website will be terminated.

Consideration - Classy grants the Event Planner a nonexclusive, nontransferable, nonsublicensable, revocable, limited-license to access and use (but not to copy, reproduce, alter or profit from in any way other than that explicitly laid out in Section Two of this Agreement) the Event Planning Services portions of the classy.org website. "Use" of the Event Planning Services and its various tools and features only includes ordinary or obviously intended uses. While, as stated above, the Event Planner must necessarily have entered into the "Member Agreement" in order to be eligible to enter into this further Agreement, that prior agreement does not enable a classy.org member to access, or use, Classy's Event Planning Services. Thus, the grant of this limited-license represents fresh consideration on Classy's part. In exchange for obtaining access to the Event Planning Services, the Event Planner agrees to abide by, and be legally bound by, all the terms and conditions contained in this Agreement, including those terms which cover financial transactions and the financial remuneration Event Planner may owe to Classy for services rendered.

Classy's Intellectual Property Rights - Notwithstanding the above-granted limited license, the Event Planner understands that all web content, software and other tools or services that Event Planner gains access to on the classy.org website remain the sole property of Classy. The Event Planner agrees not to violate Classy's intellectual property rights and to use the above- mentioned content, software, and services in a manner fully consistent with both the letter and spirit of all the terms and conditions laid out in this Agreement. The Event Planner acknowledges that the grant of this limited license in no way creates a right, title, or interest in favor of the Event Planner in Classy's intellectual property. All goodwill accruing from the use of Classy's intellectual property shall inure to the benefit of Classy alone.

Event Planner's Intellectual Property - By accepting this Agreement, Event Planner grants Classy a non-exclusive, worldwide, transferable, irrevocable, royalty-free license to reproduce, display (publicly or otherwise), publish, store, transmit and modify (create derivative works from) the Event Planner's logos, trademarks, servicemarks, or other similar identifying marks/images belonging to the Event Planner, if any, for use in connection with the operation of the classy.org website, including use for commercial purposes; such use may include the display or reproduction of the Event Planner's content by Classy affiliates or partners. Furthermore, by posting or uploading content to the classy.org website, Event Planner grants Classy a non-exclusive, worldwide, transferrable, irrevocable, royalty-free, license, to reproduce, display (publicly or otherwise), perform, publish, store, transmit and modify (create derivative works from) such content for use in connection with the operation of the classy.org website, including use for commercial purposes; again, such use may include the display or reproduction of the Event Planner's content by Classy affiliates or partners. By entering into this Agreement or posting content to the classy.org website, Event Planner represents and warrants that Event Planner has valid legal authority to grant the above-described licenses to Classy

Term of Agreement - There are four potential ways that the term of this Agreement may expire. (1) First, the Event Planner may, at any time, end the term of this Agreement by terminating his or her membership to classy.org by using the cancellation procedure on the classy.org website. (2) Second, Classy may, at any time, in its sole discretion, terminate the Event Planner's membership, ending the term of this Agreement. (3) Third, as Classy reserves the right to amend, modify, or add to this Agreement from time to time, the Event Planner may, following such an amendment, opt not to accept changes that have been made to this Agreement. If Event Planner does not wish to accept changes made to this Agreement, then Event Planner shall immediately notify Classy of this fact at [email protected] and Classy will disable Event Planner's access to the Event Planning Services. In such a situation, the Event Planner agrees not to use the Event Planning Services while waiting for Classy to disable Event Planner's access to those services. If Classy chooses to amend, modify, or add to this Agreement, Event Planner's failure to contact Classy, as described immediately above, coupled with Event Planner's continuing use of the classy.org website, following such revisions, will be taken as Event Planner's assent to be bound by the changed-Agreement. It is the Event Planner's responsibility to check these terms from time to time to see if changes have been made. As detailed above, changes made to this Agreement will only apply prospectively. (4) Fourth, Classy may discontinue the classy.org website, at any time, if it becomes unable or unwilling to continue to operate the site, ending the term of this Agreement.

Notice of Changes to this Agreement - Event Planner acknowledges, understands, and agrees that notice of any changes made to this Agreement shall be given solely by way of publication of the "Date of Last Amendment" at the top of this page. A change in the Date of Last Amendment occurring between successive visits by the Event Planner will provide notice to the Event Planner that changes have been made to the Agreement. It is the Event Planner's responsibility, and the Event Planner's responsibility alone, to check these terms regularly. The Event Planner expressly agrees that the mode of providing notice described herein is, for all purposes, perfectly sufficient.

Account Password and Security - As part of the registration process for the classy.org website, the Event Planner is required to create a username and password. Safeguarding the privacy of this password is the sole responsibility of the Event Planner. The Event Planner bears sole responsibility for all activity occurring on the Event Planner's classy.org account, including use of the now- available Event Planning Services, whether or not such activity has been expressly authorized by the Event Planner. Event Planner agrees to logout of Event Planner's classy.org account at the end of each session on classy.org. Additionally the Event Planner agrees to immediately notify Classy ([email protected]) if the Event Planner in any way suspects that the security of the Event Planner's password and account has been compromised.

Divisibility - If, for any reason, a court adjudicating a dispute under this Agreement finds all or part of any term, or terms, of this Agreement to be unenforceable, then the offending portions of the term, or terms, shall be construed and, if necessary and permissible, reworded, in a manner that conforms to the requirements of the law and is most consistent with the parties' intentions; the non-offending parts of such a term, or terms, and all other non-offending portions of this Agreement, will continue in full force and effect to the fullest extent allowed by law. If simply striking the offending portions of the unenforceable term, or terms, would bring this Agreement into closer conformity with the parties' intentions, then those offending portions should simply be stricken and no attempt to reinterpret or reword them should be made. The parties' intentions should be judged solely by referring to the original terms (e.g. the terms prior to any court-modification) contained in this Agreement.

Entire Agreement - Classy and the Event Planner intend for this document (entitled "Event Planner Agreement") to be a complete integration of the agreement between Classy and the Event Planner. It is the complete and final agreement between Classy and the Event Planner. As such, this writing supersedes and displaces any other earlier or contemporaneous written or oral agreements, negotiations, or statements purporting to deal with the subject matter of this Agreement (the Event Planner's use of the Event Planning Services portions of the classy.org website).

Headings - The bolded headings provided at the beginning of each term, as well as the numbered section headings, are meant to facilitate the Event Planner's understanding of the Agreement and its various component parts. These headings, however, have no independent legal weight; they should not be used to limit (in any way) the construction given to the actual language of each term that follows the bolded heading.

Assignments - Classy reserves the right to assign rights under this Agreement. All assignments by the Event Planner of rights under this contract, except for assignments made to a successor in interest in connection with a merger, sale of assets, or other change of control or change of organizational form, are VOID. Subject to the limited exception for a change in control or a change in organizational form mentioned above, the Event Planner expressly acknowledges that Event Planner possesses neither the right nor the power to assign rights granted under this Agreement.

No Joint Venture - This Agreement does not constitute and shall not be construed to constitute a partnership or a joint venture between the Event Planner and Classy.

Cal. Civil Code § 1542- - For all limitations on liability, or releases from liability, Event Planner agrees to as part of this Agreement, Event Planner expressly waives any rights it may have under California Civil Code § 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." This express waiver will apply to all of the provisions of this Agreement that, in any way, put limitations on, or release Classy from, liability to the User. The fact that this notice of waiver of rights under California Civil Code § 1542 is replicated at other points in this Agreement shall not, in any way, affect the validity of this express waiver with respect to other provisions contained herein which lack a duplicate warning.

Privacy Policy - The Event Planner has read, understands, and accepts the classy.org privacy policy.

Financial Transactions, Service Costs, and Related Terms

Payments to Classy for Ticket Sales - Event Planner Keeps a Portion of the Ticket Revenue - For all tickets with a total cost of $5.00 (U.S. currency) or less, Event Planner will be charged $0.50 for each ticket sold. For tickets with a total cost above $5.00, the Event Planner will pay $0.99 + 4.0% of the portion of the ticket price remitting to Event Planner for each ticket sold. Benefitted member-charities will also pay a fee on the portion of the ticket sale revenue they are set to receive.

Important: Ticket sale charges are applied to each ticket sold. Thus, even if a customer buys three tickets in one transaction, the Event Planner will be charged three fees, one for each ticket sold.

Event Planner Donates ALL Ticket Revenue - If the Event Planner designates all of the ticket sale revenue to go to a member-charity or member-charities, then the Event Planner will not be charged a fee for ticket sales. The benefitted member-charity (or member-charities) will be charged the regular fee associated with its account.

Distribution of Event Ticketing Revenue - Ticket-sale revenue from events Event Planner has hosted by using Classy's Event Planning Services will only be paid to Event Planner's online PayPal account. Funds owed to Event Planner will be transferred into Event Planner's PayPal account on thefirst and sixteenth of each calendar month.Classy will not write checks, wire, or deliver funds to Event Planner in any other manner. The timing of revenue distribution is as follows:

Required Charitable Contribution - Event Planner agrees that for each event Event Planner hosts by using Classy's Event Planning Services some portion of the ticket sale revenue from the event will be designated to benefit a Classy member-charity. The precise amount of the ticket sale price earmarked to benefit a member charity, or member-charities, will be determined by a separate agreement, or agreements, between the Event Planner and the benefited member-charity, or member charities. The separately agreed upon allocation of ticket-sale revenue between the Event Planner and the benefited member-charity, or member-charities, must be inputted to the classy.org website before ticket sales for a given event will begin. The platform for inputting this information will become self-evident when the Event Planner attempts to publish an event on the classy.org website. The website will not allow the Event Planner to publish the event unless the ticket revenue breakdown has been inputted and the benefited member-charity has (or the benefited member-charities have) authorized the ticket sales to go forward at the inputted rate of distribution. After the initial ticket revenue distribution is agreed upon, any changes made to that revenue distribution scheme must be ratified by the Event Planner and any benefiting member-charities, before the new revenue breakdown numbers will become effective. If such a change is made after ticket sales have begun, then the changed-distribution scheme will only apply to ticket sales that follow the ratification of the new distribution scheme.

Event Planner's Separate Agreement(s) - Though this Agreement stipulates that at least one Classy member-charity must benefit from ticket sales and that the information concerning allocation of revenue from ticket sales must be inputted to classy.org prior to ticket sales beginning, Classy is NOT a party to the separate agreement or agreements, between the Event Planner and the benefited member-charity, or member-charities, which will determine the ticket price breakdown and, potentially, other matters relating to the underlying event. All disputes arising between the Event Planner and the benefited member-charity, or member-charities, whether concerning ticket revenue distribution or any other matters governed by such separate agreement or agreements, will be resolved between the parties to those agreements. Event Planner will not pursue legal claims against Classy or seek to join, or otherwise involve Classy with, legal claims that derive from an ostensible breach of a separate agreement or separate agreements between the Event Planner and the benefited member-charity or member-charities.

classy.org Website as Conduit for Private Agreements - As mentioned directly above, the agreement or agreements between the Event Planner and the benefited Classy member-charity, or member-charities, which establish the ticket revenue allocation and, potentially, other particulars concerning the administration of the actual real-world event, are private arrangements between only those parties; they do not involve Classy. Even if the terms of the separate agreement or agreements between the Event Planner and the benefited member-charity, or member-charities, are substantially communicated and/or agreed upon through the classy.org website, Classy will not be considered a party to such agreement or agreements in any way whatsoever. In this sense, Classy functions as a mere conduit, like the owner of an "online building" who leases out the premises; we allow parties to access our building, provide them with the pen and paper needed to record elements of potential agreements, and allow them to reach such agreements while present on the premises. At the end of the day, however, any agreement made between the parties we've introduced (presumably one concerning a prospective event and the ticket revenue allocation from that event) is only a legal arrangement between those parties and does not involve Classy. Again, Event Planner agrees not to bring legal claims against Classy or seek to join, or otherwise involve Classy with, legal actions that derive from an ostensible breach of a separate agreement or agreements reached between the Event Planner and the benefited member-charity or member-charities.

Ticket Revenue Distribution Disputes - Event Planner acknowledges that the most recently ratified distribution numbers inputted into the classy.org website (See above "Required Charitable Donation") will definitively govern the ticket revenue payments made to Event Planner and the benefited member-charity, or member charities; this will be so even if there is a dispute about this figure. In the event of such a dispute over ticket revenue allocation, Event Planner agrees that any legal action pursued to resolve the dispute will be brought directly against the member-charity or member-charities at issue, and not against Classy itself. Even if Classy has been explicitly made aware of a dispute over ticket revenue allocation, when making payments, Classy is entitled to rely upon, with total impunity, the most recent ticket revenue distribution information that has been authorized by the Event Planner and the benefited member- charity, or member charities. Once the funds for ticket sales from a given event have been received by Event Planner and the benefited member-charity or member-charities, the Event Planner may seek to recoup the contested portion of the ticket-revenue directly from the benefited member-charity or member- charities in accordance with the terms of the separate agreement or agreements between those parties.

Ticket Sale Refunds - It is the sole responsibility of the Event Planner to communicate a refund policy to ticket purchasers. It is also the sole responsibility of the Event Planner to address and settle any consumer requests for ticket sale refunds. Event Planner expressly agrees to indemnify Classy against any and all third party claims brought for reimbursement of funds for ticket sales. Event Planner will have fourteen days from (and including) the date of a particular ticket's purchase to refund the ticket sale price automatically through the classy.org website. After fourteen days have elapsed from (and including) the date of a given ticket's purchase, the Event Planner will have to arrange for an alternative mode of payment (e.g. by check) if Event Planner chooses to grant a refund to the purchaser of that ticket.

Event Planner's Conduct

Intellectual Property Rights - Event Planner will not violate the intellectual property rights of others through its use of the classy.org website. Intellectual property rights include, but are not limited to, copyrights, patents, trademarks, and other forms of confidential or proprietary information, such as trade secrets. The Event Planner represents and warrants that the Event Planner has legal authority (whether because the content is the Event Planner's own property or because the Event Planner holds a valid license to use such property) to post any and all content Event Planner chooses to upload to the classy.org website.

Viruses and Other Malicious Forms of Code - Event Planner will not upload viruses or other malicious forms of computer code (so called "malware") to the classy.org website in connection with Event Planner's use of the Event Planning Services. Event Planner will not use the Event Planning Services and the classy.org website as a platform for distributing viruses or other malicious forms of computer code to others (e.g. by using the communication tools provided to members of classy.org). Event Planner agrees not to engage in any behavior intended to disrupt the flow of traffic to the classy.org website, prohibit the classy.org website from being accessible to online browsers, or otherwise interfere with the normal operations of the classy.org website. Additionally, the Event Planner agrees not to use any form of software intended to track, monitor, or gather information on any classy.org member's online behavior. Event Planner further agrees not to use any automated processes in connection with Event Planner's use of the Event Planning Services portions of the classy.org website (except for automated processes furnished by Classy itself and used in the manner intended). By way of illustration only, "automated processes" include computer code meant to generate repeated messages to be distributed through the classy.org member network ("spamming").

Restriction on Abusive Behavior - Event Planner will not use the Event Planning Services or the classy.org website as a platform for harassing or engaging in abusive behavior towards other members of the classy.org website or members of the general public. While "abusive behavior" towards another is, to some extent, incapable of precise definition it at least includes (but is not limited to): (1) excessive or improper use of profanity (e.g. posting profanity in a charity profile as opposed to using such language in a private member to member communication), (2) repeated attempts to contact or badger another classy.org member when that member has expressed his/her desire not to be contacted, (3) any use of racial, ethnic, or religious slurs. In addition to these illustrations of "abusive behavior," this phrase also includes any act or course of conduct that would offend or upset a reasonable person and is inconsistent with Classy's goal of maintaining a mature and respectful online community. On this score, some ambiguity must be tolerated; commonsense should guide the endeavor of determining precisely what is or is not "abusive."

Restriction on Illicit/Illegal Behavior - Event Planner represents and warrants that Event Planner will NEVER use the Event Planning Services or the classy.org website to engage in any activity that violates the law, including (but not limited to) all criminal and tortious behavior. Event Planner further agrees that Event Planner will never use the Event Planning Services or the classy.org website to violate or interfere with the contractual rights of others; Event Planner will, at all times, use the Event Planning Services and the classy.org website in a manner fully consistent with respect for the legal rights of all other persons and parties.

Event Planner represents and warrants that all factual content Event Planner posts or uploads to the classy.org website is, to the best of the Event Planner's knowledge, upon at least a reasonable inquiry into the subject matter, truthful and accurate. Event Planner will not use the classy.org website as a platform for making defamatory statements about others. Because the classy.org website is intimately tied to the exploration of important social issues Event Planner is encouraged to freely express Event Planner's opinions and beliefs concerning these matters provided that Event Planner does not contravene the above-stated restrictions on abusive/illicit behavior.

Restriction on User Generated Content - Classy reserves the right to delete or block publication of any content Event Planner attempts to post or upload to the classy.org website for any or no reason. Event Planner is solely responsible for any content posted to the classy.org website and for any information or material shared with other members of the classy.org website. In addition to comporting with all the other restrictions laid out in this Agreement, all content that Event Planner posts or uploads to the classy.org website MUST NOT INCLUDE: (1) pornography or nudity of any kind, (2) private information about third parties that Event Planner has not obtained consent to share, or (3) violence or other gratuitous or offensive conduct (as determined by commonsense and basic moral judgment). Classy assumes no responsibility to monitor the material Event Planner chooses to post or upload to the classy.org website or the information Event Planner shares with the site's members or other third parties. Classy's removal, or decision not to post, certain content submitted by Event Planner DOES NOT constitute tacit assent by Classy to generally monitor Event Planner's posted content. Event Planner should exercise caution at all times and endeavor to make sure that any such material or information complies with all the terms of this Agreement and is in keeping with the culture of the respectful and tolerant online community which Classy strives to maintain.

4. Allocation of Risk

Indemnification - The Event Planner agrees to indemnify and hold harmless Classy, its successors or assigns, and all Classy's officers, directors, employees, agents, independent contractors, and all Classy affiliates for all costs (including attorney's fees) from third party claims arising out of, or relating to, the Event Planner's breach of this Agreement.

Waiver of Warranties - Classy disclaims all warranties, express or implied, concerning the Classy Event Planning Services, the broader classy.org website, and all related content, tools, and services, to the fullest extent allowed by law (which may vary by jurisdiction). This waiver includes, but is not limited to, all warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of information. The Event Planner accepts the Classy Event Planning Services, the classy.org website, and all related content, tools, and services "AS IS" and "WITH ALL FAULTS."

18+ or 21+ Events - For any event hosted or co-hosted by the Event Planner that is only to be attended by those over the age of 18 or 21, the Event Planner agrees to include a notice to potential ticket purchasers of the age restrictions pertaining to the event. The Event Planner further represents, warrants, and covenants that, in order to assure compliance with the age restrictions pertaining to any such event, the Event Planner will ensure that the identification of all ticket purchasers is checked before allowing such purchasers entrance into the event. The Event Planner assumes express and exclusive responsibility over the age-verification process for attendees of any age-restricted events Event Planner chooses to host or co-host in connection with Event Planner's use of the classy.org website.

Potential Service Interruptions and Technological Problems - Classy wishes to provide a quality service for all its members. Classy cannot, however, warrant that Event Planner's use of the Event Planning Services will be uninterrupted or free from technological problems. Interruptions of indeterminable length may occur for a number of different reasons; to some extent this risk is inherent in the nature of an online, technology-laden, business. Event Planner acknowledges this fact and accepts all risk that may result from an interruption in service or any other technological problem. In no circumstance will Event Planner pursue an action against Classy for damages, including lost revenue, occasioned by an interruption in service or other technological problem. Event Planner should make appropriate alternative plans to safeguard Event Planner's business, and all underlying scheduled events, against any potential hazards that might be posed by such contingencies. Classy, of course, has a vested interest in providing a reliable service to Event Planner and its other members and Classy will endeavor to do so.

No Guarantee Against Technological Threats - Recognizing the near impossibility of policing a large, dynamic, and interactive online social networking environment for all possible technological threats, Classy wishes to make clear to the Event Planner that it neither represents nor warrants that the additional portions of the classy.org website Event Planner will gain access to by entering into this Agreement are free from bugs, viruses, or other malicious forms of computer code. Classy wants to provide a safe and secure environment for all its members, but it is important that the Event Planner recognize that Classy cannot guarantee that the Event Planner will not be exposed to technological risks while using the Event Planning Services and the event related portions of the classy.org website. Such technological threats might do damage to the Event Planner's computer system or broader network. By entering into this Agreement the Event Planner acknowledges the presence of such risk and assumes all responsibility for any harm that might befall the Event Planner as the result of such risk.

Reliance on Others' Statements - Classy does not endorse, represent or warrant the truth or accuracy of any statements or representations made by the Event Planner, other members of the classy.org website, or other third parties on the classy.org website. The views expressed by such parties are not necessarily those endorsed by Classy and should not be taken as such. Employees or other agents of Classy may also be members of the classy.org website. All statements made by such persons should be taken as expressions of personal views and not the views of Classy. When Classy wishes to communicate with its members, it will do so using a "Classy Team" message. The Event Planner bears all responsibility for any reliance the Event Planner places on statements or representations made by parties appearing on the classy.org website.

No Warranty of Accuracy of Information - Classy makes no warranty as to the accuracy of any of the information collected for, and/or displayed to, the Event Planner in connection with the Event Planner's use of the Classy Event Planning Services (e.g. various analytics, sales tracking information, etc.). Event Planner acknowledges that while this information and all related graphics are useful as a general guide for informing Event Planner's various decisions, they are not intended to be guaranteed as accurate or authoritatively relied upon. Event Planner assumes all risk for reliance placed on this information. As technological errors, and other mishaps, can and do happen from time to time, Classy urges the Event Planner to take any alternative precautions Event Planner might deem prudent to safeguard against the threat posed by such contingencies.

Classy makes no representations or warranties as to whether or not the various financial transactions allowed by the classy.org website are tax-deductible. Even if Classy characterizes something as a "donation" or "charitable gift," or uses some other like term, in its description of a given transaction this should not be relied upon as tax advice. Always consult a qualified tax professional before determining whether, or to what extent, a particular financial transaction may be written off for tax purposes.

Interaction with Third Parties: Right to Intervene - The Event Planner alone is responsible for Event Planner's interactions (both online and offline) with other members of the classy.org website and other third parties on the classy.org website. As such, Classy has no obligation to become involved in any legal disputes between the Event Planner and other members of the classy.org website or other third parties appearing on the classy.org website, even if such legal claims arise out of, or relate to, the parties' use of the Event Planning Services and/or the broader classy.org website. Event Planner will not seek to join Classy to, or otherwise involve Classy with, any such claims. Classy does, however, reserve the right to involve itself in such a dispute if it so chooses.

Interaction with Third Parties: Liability Release - Classy urges the Event Planner to be cautious and use good judgment at all times when interacting with others through the classy.org website. Classy does not perform background checks or any other evaluations of its members; it is the Event Planner's sole responsibility to manage the Event Planner's interaction with parties appearing on, or reached through, the classy.org website. IN CIRCUMSTANCES WHERE THE EVENT PLANNER'S INTERACTION WITH OTHER classy.org MEMBERS OR OTHER THIRD PARTIES ON THE classy.org WEBSITE RESULTS IN SOME KIND OF HARM TO THE EVENT PLANNER OR THE EVENT PLANNER'S PROPERTY, INCLUDING DEATH OR PERSONAL INJURY, THE EVENT PLANNER AGREES THAT Classy WILL BEAR NO RESPONSIBILITY AND THAT ANY AND ALL LEGAL CLAIMS WILL BE PURSUED DIRECTLY AGAINST THE ALLEGEDLY OFFENDING classy.org MEMBER OR OTHER THIRD PARTY AND NOT AGAINST Classy ITSELF; THE EVENT PLANNER EXPRESSLY RELEASES Classy FROM ALL SUCH LIABILITY . The term "interaction," as used above, is meant to be interpreted expansively. For purposes of illustration only, "interaction" is meant to include (but not be limited too): (1) direct communication between parties through the classy.org website, (2) all in-person meetings between parties coordinated through, or facilitated by, the classy.org website (including events), (3) exchange of pictures, files or other computer code through the classy.org website, (4) clicking on third party links placed on the classy.org website (whether authorized by Classy, posted by a member of classy.org, or posted by some other third party) and all subsequent activity and transactions conducted on such a third party's website and, (5) sharing of information, through the Event Planner's profile or other facets of the classy.org website, with other members of the classy.org website or other third parties, whether such information is intended to be viewed by a particular third party or not. Above all, Classy wishes to impress upon the Event Planner that it cannot control or monitor the behavior of the many classy.org members or other third parties using the classy.org website and so assumes absolutely no responsibility for the consequences, foreseeable or otherwise, of such persons' behavior. Event Planner expressly waives all rights Event Planner may have under California Civil Code § 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

No Responsibility for Underlying Events - As far as events go, the software and services provided by Classy, as contemplated herein, are only meant to facilitate the Event Planner's ability to host its own events. Classy does not sponsor or co-host any events the Event Planner chooses to host in connection with Event Planner's use of the classy.org website. As such, Classy assumes absolutely no responsibility for any liability related to the underlying administration of such events. Event Planner acknowledges that Classy bears no responsibility for such events and expressly releases Classy from, any and all liability related to such real-world events. Event Planner further agrees to indemnify and hold harmless Classy, its successors and assigns, and all Classy's officers, directors, employees, agents, and independent contractors for all costs (including reasonable attorney's fees) from third party claims arising out of, or related to, the administration of an event hosted, or co-hosted, by the Event Planner. Insurance for events and all other such liability matters are the express responsibility of the Event Planner or any other hosts. Event Planner expressly waives all rights Event Planner may have under California Civil Code § 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

Legitimacy of Nonprofits - Classy enables the Event Planner to sell event tickets to benefit (at least in part) Classy's various member-charities. Classy only wishes to enable fundraising for legitimate 501(c)(3) non-profit organizations. i. Classy can only assure the Event Planner that all Classy member-charities, except those whose status is still pending and who bear a warning to that effect, have furnished a valid EIN # corresponding to an organization listed on the IRS's database of 501(c)(3) nonprofit organizations. Classy also allows nonprofits with pending applications for 501(c)(3) status to register for, and use, the classy.org website. For such organizations, Classy will include a notice to potential donors to let them know that the organization's nonprofit status has yet to be approved. Classy can only assure the Event Planner that all Classy member-charities, except those whose status is still pending and who bear a warning to that effect, have furnished a valid EIN # corresponding to a an organization listed on the IRS's database of 501(c)(3) nonprofit organizations. Beyond this, Classy neither warrants nor represents anything about the legitimacy of the charities reachable through the classy.org website. Classy encourages the Event Planner to perform added due diligence, if the Event Planner feels so inclined, before raising funds on behalf of a charity reachable through the classy.org website. Of course, if the Event Planner discovers a problem with a nonprofit organization reachable through the classy.org website Classy would greatly appreciate the Event Planner's feedback (please contact Classy at [email protected])

No Special or Consequential Damages - Classy will not be liable to the Event Planner for any consequential, special, indirect or incidental damages (including lost profits) arising out of, or in connection with, breach of this Agreement or of the Event Planner's use of the classy.org website. This limitation will apply even if Classy has been expressly notified of the possibility of such damages. Some jurisdictions do not allow for the exclusion or limitation of consequential or incidental damages so these provisions may not apply to the Event Planner. If applicable law does not allow for the exclusion of the types of damages enumerated directly above, then Classy's liability will be limited to the fullest extent permitted by applicable law.

Limitation on Liability - Event Planner understands and agrees that Classy's aggregate liability to the Event Planner for any damage or loss alleged to be suffered by the Event Planner in connection with the Event Planner's use of the classy.org website, whether such liability is based on a theory of contract, tort (including, without limitation, theories of negligence), or any other legal theory, shall not exceed the greater of one hundred U.S. dollars or the total amount the Event Planner has paid to Classy in the year preceding the date of the claimed violation. Event Planner expressly waives all rights Event Planner may have under California Civil Code 1542 which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Applicable law may not allow for the limitation of liability as provided for herein, so this limitation may not apply to the Event Planner; in such a case, Classy's liability will be limited to the fullest extent allowed by applicable law.

5. The Law and Location for Potential Disputes

Choice of Law - Classy and the Event Planner agree that any dispute arising from, or in connection with, this Agreement or Event Planner's use of the Event Planning Services portions of the classy.org website shall be governed by the laws of the state of California without regard to its choice of law provisions.

Jurisdiction and Venue - The Event Planner and Classy agree that ANY AND ALL disputes arising from, or in connection with, this Agreement or the Event Planner's use of the Event Planning Services portions of the classy.org website will be brought in a state or federal court located in San Diego County, California. The Event Planner expressly submits to the personal jurisdiction of the courts of San Diego County, California for the purposes of litigating all such claims. For purposes of jurisdiction and venue, Classy and the Event Planner agree that this contract, though entered into over the internet, is to be taken as having been executed in San Diego County, California.

6. Breach of this agreement

Attorneys' Fees and Costs - If a dispute under this Agreement needs to be adjudicated in a court of law, then the prevailing party to the litigation shall be entitled to recover all costs incurred as a result of the litigation, including reasonable attorneys' fees, from the party who suffers the adverse judgment.