ACCEPTANCE OF TERMS AND CONDITIONS
Corp Night Out, Inc. provides its service to you, subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms and Conditions at any time at: www.corpnightout.com/termsandconditions.asp In addition, when using particular Corp Night Out, Inc. services, you and Corp Night Out, Inc. shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. DESCRIPTION OF SERVICE You " The Participant" are responsible for obtaining access to the Service. Corp Night Out, Inc. events may involve third party fees (such as ticket costs i.e. travel, accommodations, rental fees, etc.). You are responsible for those fees, including those fees associated with additional arrangements unless otherwise specified in the business package contract negotiated by your "Registered Business" affiliate. In addition, you must provide and/or are responsible for all equipment necessary to participate in the event listed where equipment is not provided or included in the cost of the event. Corp Night Out, Inc. events may be posted on a daily basis and participants may or may not be notified via email. Participants are responsible for accessing the "CNO View Events" page accordingly. RSVP information (if required) is listed on the page at the time of posting in which a group rate might be indicated. It is the participant’s responsibility to RSVP by the date indicated to receive the group rate listed. Corp Night Out, Inc. cannot be held responsible if a participant does not RSVP in a timely manner and does not receive the group rate. Corp Night Out, Inc. will do it's best to honor all group rates listed on it's site providing the group head count requirements have been met. If a Corp Night Out, Inc. event has posted a group rate and the group head count requirements have not been met or if the event has reached it maximum capacity or the group rate RSVP date has expired, Corp Night Out, Inc. reserves the right to pull the event from the site and re-post it without the group rate. Corp Night Out, Inc. will then indicated on it's site that the event group rate is closed and will provide the link to the participating vendor giving the participant the option to purchase tickets for the event themselves based on the price and availability listed on the vendors site. REFUNDS AND EXCHANGES POLICY Corp Night Out, Inc. has a NO REFUNDS POLICY. If a participant or their guest cannot attend an event that has been paid for in advance. It is the participant’s responsibility to notify Corp Night Out, Inc. within 24 hours to accommodate their absence. It is also the participant’s responsibility to find a replacement (within the vendor Terms and Conditions) for event purchases paid for in advance. Corp Night Out, Inc. will make every attempt to work with the participant on this matter however, Corp Night Out, Inc. does not issue refunds based on cancellations. In the event of inclement weather Corp Night Out, Inc. reserves the right to cancel an event based on the vendors inclement weather policy. In this case, unless the vendor issues a refund or partial refund Corp Night Out, Inc. will not provide refunds for events that have been booked or paid for in advance. Corp Night Out, Inc. however, will work with the participant and/or vendor to reschedule the event based on vendor availability. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself or your business as prompted by the Service's registration forms (such information being the "Business Registration” and "Member Registration” forms) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Corp Night Out, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Corp Night Out, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Corp Night Out, Inc. is concerned about the safety and privacy of all its users, particularly children. For this reason, Corp Night Out, Inc. does not allow the creation of accounts by children under the age of 18. If you are the parent or guardian of a child of any age, it is your responsibility to determine whether any of the Services and/or Content (as defined in this Terms and Conditions) is appropriate for your child. Events that are not appropriate for children will be posted as such. Adult supervision is required for all children that are guests of the participant. MEMBER ACCOUNT, PASSWORD AND SECURITY You will define and initiate a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Corp Night Out, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Corp Night Out, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the express written permission of Corp Night Out, Inc.. MODIFICATIONS TO SERVICE Corp Night Out, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Corp Night Out, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. TERMINATION You agree that Corp Night Out, Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Corp Night Out, Inc. believes that you have violated or acted inconsistently with the listed Terms and Conditions. In the special situation where termination affects a Business, Corp Night Out, Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice to all participants who fall under the business in question. You agree that any termination of your access to the Service under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that Corp Night Out, Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Corp Night Out, Inc. shall not be liable to you or any third-party for any termination of your access to the Service. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Corp Night Out, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisings on the Service. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Corp Night Out, Inc. has no control over such sites and resources, you acknowledge and agree that Corp Night Out, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Corp Night Out, Inc. 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 use of or reliance on any such Content, goods or services available on or through any such site or resource. PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the Service or advertisers. Except as expressly authorized by Corp Night Out, Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service in whole or in part. Corp Night Out, Inc. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Corp Night Out, Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Corp Night Out, Inc. makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Corp Night Out, Inc. or through or from the Service shall create any warranty not expressly stated in the terms and conditions. LIMITATION OF LIABILITY You expressly understand and agree that Corp Night Out, Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Corp Night Out, Inc. has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of your R.S.V.P data or membership account information; (d) statements or conduct of any third party on the Service; or (e) any other matter relating to the Service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, to some of the above limitations listed above. NOTICE Notices to you may be made via email, web posting or phone. The Service may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Service. TRADEMARK INFORMATION Corp Night Out, Inc., the Corp Night Out, Inc. logo, and other Corp Night Out, Inc. logos and product and service names are trademarks of Corp Night Out, Inc. (the "Corp Night Out, Inc. Marks"). Without Corp Night Out, Inc.'s prior permission, you agree not to display or use in any manner, the Corp Night Out, Inc. Marks. COPYRIGHTS and COPYRIGHT AGENTS Corp Night Out, Inc. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Corp Night Out, Inc.'s Copyright Agent the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the site; Your address, telephone number, and email address; 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; A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Corp Night Out, Inc.'s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail at: Corp Night Out, Inc. P.O. Box 600324 Newton, MA 02460 GENERAL INFORMATION The Terms and Conditions constitute the entire agreement between you and Corp Night Out, Inc. and govern your use of the Service, superceding any prior agreements between you and Corp Night Out, Inc.. You also may be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and Conditions and the relationship between you and Corp Night Out, Inc. shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and Corp Night Out, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Newton, Massachusetts. The failure of Corp Night Out, Inc. to exercise or enforce any right or provision of the TERMS AND CONDITIONS shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. Corp Night Out, Inc. Terms and Conditions were last updated August 28th, 2006