eventXchange is a Venue
eventXchange acts as a venue and marketplace to allow users who comply with our policies to offer, sell and buy certain items. As a result, the eventXchange has no control over the quality, safety, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. The eventXchange cannot ensure that a buyer or seller will actually complete a transaction.
The eventXchange encourages members to use a third-party escrow service or services that provide additional user verification for transactions. eventXchange provides this service through our 3rd party partner(s).
You agree that eventXchange is a venue and you use the eventXchange service at your own risk. eventXchange is not liable for anything related to the items purchased or sold through eventXchange including vehicles, trailers, structures and all other items that have been listed on this site in the past or are currently listed. The transaction takes place between the buyer and the seller with eventXchange serving as a venue to assist with transactions.
All prices quoted are in U.S. Dollars. Such prices are subject to availability and change without notice, subject to the sole discretion of eventXchange.biz.
All sales are on a prepayment basis only. eventXchange.biz reserves the right to charge a $100 fee on all charge backs, checks returned for insufficient funds, and checks returned for stop payment. Buyer agrees not to dispute any credit card charge with buyer’s credit card company.
3. TERMS AND CONDITIONS OF BROKERED ITEMS
The terms and conditions set forth in this Section 3 apply solely to items that are listed for sale on this Site as brokered items or pre-owned.
3a. LISTING CONDITIONS
When eventXchange accepts a listing on this Site, it does so without exclusivity. Seller is permitted to sell such listed equipment on its own without being liable to pay a commission to eventXchange and is permitted to list such items with another used equipment vendor. eventXchange requests that seller does not sell the equipment to a production company or list the item with a re-seller at a price that is less than the eventXchange price. By listing the equipment, seller agrees to notify eventXchange if there are any changes to the conditions of the sale or if the item is no longer available. If eventXchange believes that a seller has incorrectly priced seller’s item, eventXchange may contact seller. The listing may include text descriptions, graphics, pictures and other content relevant to the sale of the item. eventXchange in its sole discretion reserves the right to terminate any listing without notice.
3b. REPRESENTATIONS AND WARRANTIES BY SELLER
Seller represents and warrants to eventXchange that seller has the power, authority, capacity and right to sell the item(s) that seller listed on this Site.
3c. PRICING POLICY FOR BROKERED EQUIPMENT ITEM(s)
All listing prices include eventXchange’s applicable fees. Buyer shall pay all applicable taxes and shipping fees. If specified by the seller, shipping fees may be covered by the seller. In the event that buyer believes that listed equipment is too expensive, please e-mail or call eventXchange to make a fair counteroffer.
3d. TRANSFER OF EQUIPMENT FROM SELLER TO BUYER
eventXchange will issue a purchase order to seller once a purchase has been confirmed. At this point, eventXchange will have money in hand from the buyer or direct the buyer to an eventXchange transaction partner. eventXchange or our transaction partner will hold this money in escrow until transaction is completed. The purchase order will include the shipping information of buyer. After eventXchange releases buyer’s confidential information, seller agrees not to contact buyer directly in an effort to undercut eventXchange. When the purchase order is received by seller, seller agrees to ship the equipment using buyer’s preferred shipping method that is listed on the purchase order. If a shipping method is not specified on the purchase order, seller shall ship the equipment with a reasonably priced ground carrier or request that evetnXchange provide shipping options. eventXchange must receive proof that the brokered items have been received by buyer prior to releasing funds to seller.
3e. DISCLAIMER WARRANTIES TO BUYER BY eventXchange
With respect to brokered items, eventXchange disclaim all warranties, express or implied, written or oral, including implied warranties of quality, fitness for a particular purpose and merchantability and all other warranties imposed by statute. Additionally, eventXchange makes no warranties to persons that are defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
3f. REMEDIES OF BUYER
If buyer does not accept seller’s equipment for reasonable cause, buyer shall be entitled to receive a full refund of the cost of the purchase price of such equipment (exclusive of shipping fees and other charges incurred buyer in connection with such purchase). In such case, buyer shall return such equipment to seller within 10 days of the original shipment at buyer’s sole expense. Unless otherwise expressly stated by seller, equipment listings will be “AS IS” and without warranty. If seller desires to offer a warranty for a specific period of time, seller should include such warranty in seller’s initial listing, and such warranty shall be directly from seller to buyer. In no event shall eventXchange have any responsibility for such warranties.
3g. RESTRICTED ACTIVITES
The information about any item listed and any activities on eventXchange shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy; or (iv) violate any law, statute, ordinance or regulation.
Buyer shall bear all risk of loss with respect to the equipment from the moment that the equipment is delivered to the carrier. In the case of any damage or loss during shipment, it is buyer’s responsibility to notify the shipper upon delivery and file a claim directly with such shipping company. In the event that damage is due to shipping, eventXchange will not accept any return of the equipment for such damage. Additionally, eventXchange is not responsible for any delay in shipping or availability of such equipment.
5. NEW ITEMS LISTED ON THIS SITE
Some items listed on this site will be offered and sold by our trusted 3rd party partners and affiliates. eventXchange may list these items and include an affiliate link in order to be compensated for the sale of the item. In this case, all of the usual components of a transaction will be handled by the company in possession of the item. Any warranties on such an item will be those offered by the seller. As a company, eventXchange has no warranties on any items listed on this site. Any warranties written in any listing on our site, whether for new or pre-owned items, are those provided by the seller listing the item. Cookies may be used only for the purpose of tracking affiliate link activity and sales.
6. AFFILIATE LINK POLICY
New products sold or recommended on this website may be products created and owned by other businesses. Unless stated otherwise, please assume that they are products owned by others, and that the owners of this site receive compensation in some form as a result of their recommendation or following the sale of the product or service through the links on this site.
Recommendations are Made in Good Faith
The owners of this site make recommendations based upon their good faith belief that the product or service will benefit the purchaser. these recommendations are based on one or more of the following:
a) the owners have used the product themselves
b) the owners have used other products by the provider of a product and found them to be of high quality, and they have a good faith belief that this product will also reflect that provider’s high standards
c) the owners have researched the product and provider and have a good faith belief and makes the recommendation on the basis of the provider’s history related to product and service provision.
The owners make every effort to provide their honest opinion and feedback so that prospective purchasers can make their own decisions about whether to purchase the product or service.
Listing and Selling
7. LISTING DESCRIPTION
By listing an item or submitting a listing to be reviewed on the Site you warrant that you and all aspects of the item comply with eventXchange LLC published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale to eventXchange LLC. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Each listing must accurately and completely describe the item(s) for sale in that listing.
All sellers are urged to outline general policies for completion of sale. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All policies must comply with eventXchange site-wide policies. Sellers are responsible for enforcing their own reasonable policies. eventXchange reserves the right to request that a seller modify a policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
8. FEE AVOIDANCE
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding eventXchange transaction fees, misrepresent the item’s location, or use another user’s account without permission. Buyers may not contact sellers directly outside of the eventXchange for an item found on the eventXchange. Users may not take measures to complete a transaction in order to avoid eventXchange fees. In the event that this occurs eventXchange has the right to be compensated our normal fees after a purchase take place outside of this site.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another eventXchange user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for eventXchange-related communications. eventXchange has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any eventXchange user to your email or physical mail list.
Re-Posting Content: By posting Content on eventXchange, it is possible for an outside website or a third party to re-post that Content. You agree to hold eventXchange harmless for any dispute concerning this use. If you choose to display your own eventXchange-hosted image on another website, the image must provide a link back to its listing page on eventXchange.
Idea Submissions: eventXchange considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and eventXchange shall not be liable for the disclosure or use of such Material. If, at eventXchange’s request, any member sends Material to improve the site (for example through the Forums or to customer support), eventXchange will also consider that Material to be non-confidential and non-proprietary and eventXchange will not be liable for use or disclosure of the Material. Any communication by you to eventXchange is subject to this Agreement. You hereby grant and agree to grant eventXchange, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Your Content and your use of eventXchange shall not
a. Be false, inaccurate or misleading
b. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
c. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
d. Violate this Agreement, or any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
e. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
f. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including eventXchange staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
g. Be obscene or contain pornography
h. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
i. Host images not part of a listing
j. Modify, adapt or hack eventXchange or modify another website so as to falsely imply that it is associated with eventXchange.
k. Appear to create liability for eventXchange or cause eventXchange to lose (in whole or in part) the services of eventXchange ISPs or other suppliers
l. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or other policy documents as posted on eventXchange or distributed to you by eventXchange online or offline.
Other Resources: eventXchange is not responsible for the availability of outside websites or resources linked to or referenced on the Site. eventXchange does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that eventXchange shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
10. RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and eventXchange, please contact us.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Boulder County, Colorado, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Colorado. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and eventXchange agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release eventXchange (and eventXchange officers, directors, agents, subsidiaries, members, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. eventXchange encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
eventXchange, for the benefit of users, may try to help users resolve disputes. eventXchange does so in eventXchange sole discretion, and eventXchange has no obligation to resolve disputes between users or between users and outside parties. To the extent that eventXchange attempts to resolve a dispute, eventXchange will do so in good faith based solely on eventXchange policies. eventXchange will not make judgments regarding legal issues or claims.
11. eventXchange’s INTELLECTUAL PROPERTY
eventXchange, and other eventXchange graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of eventXchange, Inc. in the U.S. and/or other countries. eventXchange’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
12. ACCESS AND INTERFERENCE
Take any action that imposes, or may impose, in eventXchange’s sole discretion, an unreasonable or disproportionately large load on eventXchange’s infrastructure
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Bypass any measures used to prevent or restrict access to eventXchange
Without limiting any other remedies, eventXchange may, without notice, and without refunding any fees, delay or immediately remove Content, warn eventXchange’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
eventXchange suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, or other policy documents and community guidelines incorporated herein; eventXchange is unable to verify or authenticate any of your personal information or Content; or eventXchange believes that a user is acting inconsistently with the letter or spirit of eventXchange’s policies, has engaged in improper or fraudulent activity in connection with eventXchange or the actions may cause legal liability or financial loss to eventXchange’s users or to eventXchange y.
eventXchange, eventXchange’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND eventXchange’S SUPPLIERS PROVIDE eventXchange’s WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. eventXchange, eventXchange’s SUBSIDIARIES, OFFICERS, DIRECTORS, INDEPENDENT CONTRACTORS, EMPLOYEES AND eventXchange’s SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM eventXchange SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
16. LIABILITY LIMIT
IN NO EVENT SHALL eventXchange, AND (AS APPLICABLE) eventXchange’s SUBSIDIARIES, OFFICERS, DIRECTORS, INDEPENDENT CONTRACTORS, EMPLOYEES OR eventXchange’s SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, eventXchange’s SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
eventXchange’s LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF eventXchange’s SUBSIDIARIES, OFFICERS, INDEPENDENT CONTRACTORS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO eventXchange IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD eventXchange AND (AS APPLICABLE) eventXchange’s PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, INDEPENDENT CONTRACTORS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
18. NO GUARENTEE
eventXchange does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside eventXchange’s control.
19. LEGAL COMPLIANCE; TAXES
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any eventXchange service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on eventXchange’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
21. NO AGENCY
You and eventXchange are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
22. eventXchange SERVICE
23. CHOICE OF LAW
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Colorado, excluding its conflicts of laws rules, and the United States of America.
Except as explicitly stated otherwise, any notices shall be given by postal mail to eventXchange; Attn: Legal Department; 2525 Arapahoe Ave. Suite E4-#512 Boulder, CO 80302 or, in your case, to the email address you provide to eventXchange (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, eventXchange may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to eventXchange. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by eventXchange LLC, located at 2525 Arapahoe Ave. Suite E4-#512 Boulder, CO 80302.