Last Updated: August 1, 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before purchasing any goods or services through considerithosted.com and before using Hosted operated by Hosted, LLC. (“Hosted”, “us”, “we”, or “our”).
Use of This Website.
IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
These Terms may be updated from time to time, at Hosted’s sole discretion. It is Your responsibility, as the viewer or customer, to check these Terms regularly to see if any terms have changed, and to alert Hosted if You do not agree with the changes that have been made.
This Website, its contents and the services offered, are owned by or licensed to Hosted. Users have no legal rights to our Website content. You should assume that material contained on our Website, any services we offer and any tools, websites, applications or other electronic destinations accessible through this Website, are proprietary and either trademarked or copyrighted.
The following terms apply to the goods and services provided by Hosted and purchased by You, through this website.
WHEREAS Hosted is in the business of providing goods and services;
WHEREAS you, as the purchaser of goods or services through this website (“You”, “Your”) wish to engage Hosted’s goods or services for Your event (herein the “Event”) subject to the terms and conditions herein;
NOW, THEREFORE, for and in consideration of the mutual covenants set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
SERVICE DETAILS. You will find an array of carefully selected goods and services listed on Hosted’s website. The Hosted team has chosen these goods and services based on their experience with the vendors. When using the site to select goods and services and place Your order, You will walk through the website process. You are responsible for supplying appropriate delivery or pick up details when purchasing goods or services through Hosted. Hosted assumes no responsibility for confirming the details that You provide or for correcting any mistakes. You release Hosted from any and all liability associated with incorrect information that You provide.
GOODS. You understand and agree that once any goods are delivered to You, You have full responsibility for their storage. Hosted assumes no responsibility for the quality of the goods. However, if You should ever have an issue with the goods that we deliver, we would like You to contact us at email@example.com.
FEES & COSTS. The fees for the goods and services are outlined on the website and will be reflected on the checkout page. The fee is due in full, at the time of checkout. Any changes made to Your order will be billed at the time the change is made, and will be due in full, at the time the change is made.
ADDITIONAL FEES. If You would like to use Hosted’s concierge service, that may be arranged with a Hosted representative subject to Hosted’s availability; any such meeting will be billed at $20 /hour.
PAYMENTS. All fees are non-refundable once paid; the payments may be transferable to a new date in extraordinary circumstances, subject to both Hosted’s and the third-party vendors’ availability. If the new date cannot be accommodated, all such payments will remain the property of Hosted. Payments shall be made by credit card and processed through the Website.
TERM. This Agreement shall become effective as of the time You place Your order and shall remain in effect until the goods or services are provided or until the order is terminated pursuant to the terms in this Agreement.
NO LIABILITY FOR VENDORS. You understand and agree that Hosted’s role is that of a host, and You shall be responsible for making the actual selections of vendors for the Event. You understand that while Hosted may refer to specific Vendors, Hosted does not guarantee any Vendor’s goods or performance. Hosted is not responsible for the acts or omissions of any Vendor.
LIMITATION OF LIABILITY. You agree that, to the fullest extent permitted by law, absent Hosted’s intentional or willful misconduct, Hosted’s maximum total liability for any claims, breaches or damages by reason of any act or omission, including breach of contract and negligence, shall be limited solely to the dollar amount of the Fees paid by You to Hosted under this Agreement. You agree that, to the fullest extent permitted by law, absent Hosted’s intentional or willful misconduct, Hosted shall not be liable for any claims for punitive damages, consequential damages, indirect damages, personal injury or sickness, emotional distress, mental anguish, lost profit, loss of enjoyment, lost revenues and/or replacement costs. Hosted is not responsible for any defective goods or imperfect services purchased on Your behalf or that Hosted provides that may negatively impact or affect the Event or that cause any type of injury, and You waive any right to pursue any claim, demand or cause of action against Hosted for such injury or damage. Hosted is not responsible for any Vendor’s goods or performance, or lack thereof, and You expressly agree to waive any claims, demands or causes of action against Hosted with respect to the goods or services of any Vendor, venue or other third-parties identified or recommended by Hosted. Hosted is not responsible for any items lost, stolen or damaged during the Event, including, but not limited to, personal property. This limitation of liability applies to You, anyone claiming on behalf of You and anyone claiming based on Your injuries or damages, including subrogation claims. You acknowledge and agree that these limitations reflect a fair allocation of risk and that Hosted would not enter into this Agreement without these limitations on its liability. Any claim against Hosted must be commenced within one year of the facts giving rise to the claim.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless Hosted and its employees, agents, independent contractors, officers, directors, members and/or managers for any injury, property damage, liability, claim or other cause of action arising out of or related to the Event, unless caused by the willful or intentional misconduct of Hosted. You agree to indemnify and hold harmless Hosted and its employees, agents, independent contractors, officers, directors, members and/or managers for any injury, property damage, liability, claim or other cause of action arising out of or related to any of Your acts or any acts of Your guests, including consumption of alcohol at the Event, and/or the use of candles, open flame, fireworks and other potentially dangerous items on the Event day.
Date Change. In the event You are forced to change the date of the Event, reasonable effort will be made by Hosted to work with the third-party vendors and Hosted’s subcontractors to see if they can accommodate the new date. You agree that in the event of a date change, any expenses, including but not limited to, deposits and fees, which are non-refundable and non-transferable are Your sole responsibility. You further understand that last minute changes can impact the quality of the Event and that Hosted is not responsible for these compromises in quality. If Hosted is unable to accommodate this change, it may keep all fees paid to it by that date.
FORCE MAJEURE. You and we shall not be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond Your or our control including, but not limited to, acts of God (such as hurricanes, earthquakes, flooding), fire, Government restrictions, wars, terrorist acts, insurrections and/or any other cause beyond the reasonable control of the one whose performance is affected. Should Your Event be cancelled, postponed or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by Hosted, but Hosted will use all reasonable efforts to work with You to deliver goods or services at a later date if necessary, subject to Hosted’s availability; You agree that a substitute representative may be present on Hosted’s behalf on any rescheduled date.
PHOTO RELEASE. You agree that Hosted may use any images from the Event for Hosted’s portfolio, advertising, website, blog and magazine submissions and any other means of promotion of Hosted. You waive any right to payment, royalties or any other consideration for the use of the images. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein Your likeness appears. You agree to hold Hosted harmless and release and forever discharge it from all claims, demands, and causes of action which You, Your heirs, representatives, executors, administrators, or any other persons acting on Your behalf or on behalf of Your estate have or may have, by reason of this authorization.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between You and us and supersedes all prior agreements whether oral or written concerning the subject matter of this Agreement.
NO IMPLIED WAIVER. The failure of either You or us to require strict compliance with the performance of any obligations, terms and/or conditions of this Agreement shall not be deemed a waiver of that party’s right to require strict compliance in the future or and shall not be construed as consent to any breach of the terms of this Agreement.
MODIFICATIONS. Any modification or amendment to this Agreement requires the mutual consent of both of us and must be made in writing and signed by both of us. You and we may modify or amend this Agreement by way of email, so long as both of us provide proper acknowledgment of receipt of the email and indicate our respective acceptances of the revised terms of the Agreement by way of an electronic signature in the following form: “/s/ Name”. Email modifications shall not become binding until You and we have complied with these requirements.
NOTICES. Any notice or official communication provided for in this Agreement (such as notices of termination of the Agreement due to cancellation of the Event or Your change of heart regarding Hosted’s goods or services, or notices of postponement or date change) shall be via email, to the address You provided in Your submission details.
CONTROLLING LAW; JURISDICTION. The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of Minnesota, and You and we expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts serving Hennepin County, Minnesota.
DISPUTE RESOLUTION. Any dispute or claim arising under or in any way related to this Agreement, with the exception of recovery by Hosted of any unpaid Fees or unreimbursed expenses from You (which may be recovered by Hosted via collections, small claims court action, or any other legal remedy available to Hosted), shall be submitted to neutral, non-binding mediation prior to the commencement of arbitration or any other proceeding before a trier of fact. (Both You and we would have to agree to have matters submitted to arbitration.) You and we agree to participate in mediation in good faith, and to identify a mutually acceptable mediator in Hennepin County, Minnesota. All parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same, and the parties may then proceed to seek an alternative form of resolution of the dispute or claim, as they wish.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
ASSIGNABILITY AND PARTIES OF INTEREST. You may not assign, directly or indirectly, all or part of Your rights or obligations under this Agreement without our prior written consent. Nothing in this Agreement, express or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly allowed or provided in this Agreement.
By ordering goods or services through this Website, You are accepting and acknowledging these Terms upon purchase.