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TERMS AND CONDITIONS FOR USING FULLCALENDAR

Welcome to FullCalendar!

FullCalendar is located at www.fullcalendar.com, and is owned and operated by Embarkation Group, Inc. We maintain FullCalendar as a service to our customers. By using FullCalendar, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not view or otherwise use FullCalendar.

1. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to the FullCalendar website (the "Site") and the FullCalendar services (the "Services"). This Agreement constitutes the entire and only agreement between Embarkation Group, Inc. ("us" or "we") and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and Services, the content or services provided by or through the Site and Services, and the subject matter of this Agreement. This Agreement, our policies, the Site, and the Services may be changed at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site and Services.

2. Electronic Communications

We will communicate with you by email or by posting notices to the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and Services are the property of Embarkation Group, Inc., and Copyright © 2003-2019 Embarkation Group, Inc., 6054 Thurber Lane, Santa Cruz, CA 95065, and protected under applicable United States and international copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site and Services, except as allowed by Section 5, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site or viewed or transmitted through the Services. The posting of information or materials on the Site and Services does not constitute a waiver of any right in such information and materials.

4. Trademarks

FullCalendar, Embarkation Group, and others are either trademarks or registered trademarks of Embarkation Group, the owner and operator of FullCalendar. Other product and company names mentioned on the Site and Services may be trademarks of their respective owners.

5. Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal, non-commercial, lawful purposes and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You may not use the email or any other feature to A) transmit or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, privacy-invasive, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content; B) transmit, promote, link or facilitate the distribution of sexually explicit or other content which is deemed by Embarkation Group to be offensive; C) transmit, or cause to be transmitted, chain letters, pyramid schemes, mass mailing, software viruses, any unsolicited advertising, promotional materials, political campaigning, or other forms of solicitation to other users, individuals or entities, or collect or harvest email addresses or screen names of other users, without permission; D) intentionally or unintentionally violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of an email message, event or organization submission, request, or comment.

6. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site or communicated through the Service. You agree and accept that as new services and/or products become available on or through the Site and Services, your use of these products and/or services is subject to this Agreement.

7. Submissions

If you submit information about an event, organization, calendar, or other entity for the purpose of displaying on the Site or for any use in the Services, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent that you own or otherwise control all of the rights to the content that you submit, email, or post; that the information is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Embarkation Group and its affiliates for all claims resulting from content you supply. Embarkation Group has the right but not the obligation to display, monitor, edit, and remove any content. Embarkation Group takes no responsibility and assumes no liability for any content provided by you or any third party.

8. Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Site and Services provide information on events appropriate for children, but they provides the information to adults. If you are under 18, you may use these Site and Services only with the involvement of a parent or guardian.

9. Agency Relationship

By using the Site and Services you acknowledge that you have pro-actively hired us to act on your behalf, as your Agent (hereafter "Agency Relationship"), to create accounts and communicate information you have given us to 3rd parties, including but not limited to newspapers, magazines, websites, and email lists ("3rd Party Calendars") subject to the terms, conditions, rules and regulations governing the services provided by each of these entities. You further convey to us power of attorney to sign on your behalf (whether on paper or digitally) specifically indicating to each of these 3rd Party Calendars that you have read, understood and agree to abide by their terms, conditions, rules and regulations. You additionally acknowledge your understanding that the Service collects standardized information in order to simplify the submission process for the Service, and some 3rd Party Calendars require additional information for purposes such as, but not limited to, classification of event type or industry. You authorize us to make commercially reasonable efforts to communicate whatever information we believe, in our sole discretion, is substantially accurate. By using the Site and Services you're accepting full and total responsibility for the actions the Site and Services perform on your behalf, as if you had performed those actions yourself. Your further acknowledge and agree that you will take full responsibility and are personally liable for any consequences arising from the use of the Site and Services and from this Agreement.

10. Indemnification

While we attempt to provide accurate information, you must evaluate and bear the risk associated with any reliance on the accuracy, completeness, currency, or usefulness of any content, and the expected functions of any service, including, but not limited to, email, the storage of personalized information, the communication of event information, and recommendation functions. You agree to indemnify, defend and hold us and our employees, contractors, officers, directors, partners, attorneys, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable legal and accounting fees, related to your violation of this Agreement, use of the Site and Services, information you provide the Site, Services and 3rd Party Calendars, or the Agency Relationship.

11. Nontransferable

Your right to use the Site and Services is not transferable. Any password or right given to you or selected by you to obtain information or documents is not transferable.

12. Disclaimer and Limits

THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE FROM OR THROUGH THE SITE AND SERVICES ARE NOT ENDORSED OR GUARANTEED BY THE SITE AND SERVICES, AND ARE PROVIDED "AS-IS," "AS AVAILABLE," FOR YOUR PERSONAL USE, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNATIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE AND SERVICES, THE AGENCY RELATIONSHIP, THE DELAY OR INABILITY TO USE THE SITE AND SERVICES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE, SERVICES, AGENCY RELATIONSHIP, AND INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE AND SERVICES. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

13. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site and Services uses by you and all information provided by you in any manner consistent with our Privacy Policy.

14. Third-Party Services

We allow access to or advertise third-party merchant sites ("Merchants"), including organizations producing, publicizing, or affiliated with events, from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE AND SERVICES.

15. Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

16. Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

17. Payments

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

18. Securities Laws

This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

19. Links to other Web Sites

The Site and information communicated through the Services contain links to other Web sites, such as, but not limited to, those of organizations producing, listing, or affiliated with events. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site or Services does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site or Services and access these third-party sites, you do so at your own risk.

20. Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed, including the URL (ie, web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site or Services is Nancy Tubbs, who can be reached as follows:

By mail: Nancy Tubbs, Embarkation Group, 6054 Thurber Lane, Santa Cruz, CA 95065

By phone: 650-704-7844

By email: nancy_tubbs@fullcalendar.com

21. Refund Policy

If a one-time service purchased by you proves to be defective or not to your reasonable satisfaction, you can cancel the service and request a refund by notifying Support@FullCalendar.com, prior to 6 months after the event date. In the case of a one-time service, we will refund the service fee. If a subscription-based service purchased by you proves to be defective or not to your reasonable satisfaction, you can cancel the service at any time during your subscription period, by notifying support@FullCalendar.com. In such event, we will provide you a pro-rated credit for the remaining duration of your subscription period based on the amount paid. This Section 21 sets forth your sole and exclusive right to refund and return.

22. Information and Press Releases

The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

23. Miscellaneous

This Agreement shall be treated as though it were executed and performed in Palo Alto, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site, Services or Agency Relationship (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 11 and Section 13. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Palo Alto, California. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

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