Terms and Condition

PLEASE READ THIS SECTION CAREFULLY
This Section requires most disputes to be resolved by binding individual arbitration and limits the remedies and forums available to you and EventSpace. Arbitration is less formal than court and generally has limited discovery and appellate review. You may opt out as described below.

24.1 Informal Dispute Resolution First
Before starting arbitration or a court action, the party asserting a dispute must first send a written notice describing the claim, requested relief, and supporting information to the other party. Notices to EventSpace must be sent to the Notice Email or address listed above. Notices to you may be sent to your account email or last known contact information. The parties will attempt in good faith to resolve the dispute informally for at least 30 days after a valid notice is received.

24.2 Agreement to Arbitrate
Except for the limited exceptions below, you and EventSpace agree that any dispute, claim, or controversy arising out of or relating to the Services, these Terms, events, tickets, payments, refunds, communications, privacy, data security, advertising, account activity, or the relationship between you and EventSpace will be resolved by final and binding arbitration on an individual basis.

24.3 Federal Arbitration Act
This arbitration agreement is governed by and will be interpreted under the Federal Arbitration Act, 9 U.S.C. Section 1 et seq., because the Services involve interstate commerce. The arbitrator has authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement, except that a court must decide issues relating to the class action waiver below if required by law.

24.4 Exceptions
Either party may bring an individual claim in small claims court if the claim qualifies and remains only in that court. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property, confidential information, platform security, user safety, or unauthorized access to the Services. Government agencies may also pursue claims where law permits.

24.5 Arbitration Provider and Rules
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or, if those rules are not applicable, the rules the AAA determines are most appropriate. If AAA is unavailable, unwilling, or unable to administer the arbitration, the parties will use JAMS under its applicable consumer rules or another neutral arbitration provider agreed by the parties or appointed by a court with jurisdiction.

24.6 Location, Procedure, and Fees
Unless the parties agree otherwise, arbitration may proceed by documents only, by video or telephone, or in person in the county where you reside or in San Diego County, California, as permitted by the applicable arbitration rules and law. The arbitrator may award the same individual relief that a court could award. Arbitration fees will be allocated as required by the arbitration provider’s rules and applicable law. EventSpace will pay or reimburse fees where required to make this arbitration agreement enforceable.

24.7 Class Action and Representative Action Waiver
YOU AND EVENTSPACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. YOU AND EVENTSPACE WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER PROCEEDING IN WHICH SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. The arbitrator may not consolidate more than one person’s claims or preside over any class, collective, consolidated, private attorney general, or representative proceeding unless both parties expressly agree in writing after the dispute arises.

24.8 Mass Arbitration Procedures
If 25 or more similar arbitration demands are filed against EventSpace by or with the assistance of the same law firm, organization, group, or coordinated counsel, the demands will be treated as a mass arbitration to the extent permitted by the arbitration provider’s rules. The parties agree to use the provider’s mass arbitration procedures, including appointment of a process arbitrator, staged proceedings, bellwether proceedings, mediation, batching, and fee scheduling where available. Limitations periods will be tolled for non-bellwether claims while staged proceedings are pending.

24.9 Jury Trial Waiver
If for any reason a dispute proceeds in court rather than arbitration, you and EventSpace knowingly and voluntarily waive any right to a jury trial to the maximum extent permitted by law.

24.10 30-Day Opt-Out Right
You may opt out of this arbitration agreement and class action waiver by sending written notice to the Notice Email within 30 days after you first accept these Terms. Your opt-out notice must include your full name, account email, mailing address, and a clear statement that you opt out of the EventSpace arbitration agreement. Opting out will not affect any other part of these Terms or any other arbitration agreement you may have with EventSpace.

24.11 Severability and Survival
If any part of this Section is found unenforceable, the unenforceable part will be severed, and the remaining parts will remain enforceable, except that if the class action waiver is found unenforceable for a particular claim, that claim must proceed in court and not in arbitration. This Section survives termination of your account and any changes to the Services or these Terms.