Terms and Conditions

Agreement between User and tristateevents.org

Welcome to tristateevents.org. The tristateevents.org website (the “Site”) is comprised of various
web pages operated by TriState Event Planning Services (“TEPS”). tristateevents.org is offered
to you conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the “Terms”). Your use of tristateevents.org constitutes your agreement to all
such Terms. Please read these terms carefully, and keep a copy of them for your reference.

tristateevents.org is an E-Commerce Site.

To provide a completely detailed description of event planning services offered.

Privacy

Your use of tristateevents.org is subject to TEPS’s Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting tristateevents.org or sending emails to TEPS constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, 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. You may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that TEPS is not
responsible for third party access to your account that results from theft or misappropriation of
your account. TEPS and its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

TEPS does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen.

Links to Third Party Sites/Third Party Services

tristateevents.org may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of TEPS and TEPS is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. TEPS is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by TEPS of the site or any association with its operators.

Certain services made available via tristateevents.org are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
tristateevents.org domain, you hereby acknowledge and consent that TEPS may share such

information and data with any third party with whom TEPS has a contractual relationship to
provide the requested product, service or functionality on behalf of tristateevents.org users and
customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use
tristateevents.org strictly in accordance with these terms of use. As a condition of your use of the
Site, you warrant to TEPS that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of
the Site. You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of TEPS or its suppliers
and protected by copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary notices, legends or
other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
TEPS content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of TEPS and the copyright owner. You agree that you do not acquire any ownership
rights in any protected content. We do not grant you any licenses, express or implied, to the
intellectual property of TEPS or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your TEPS account to third party accounts. By connecting your
TEPS account to your third party account, you acknowledge and agree that you are consenting to
the continuous release of information about you to others (in accordance with your privacy
settings on those third party sites). If you do not want information about you to be shared in this
manner, do not use this feature.

International Users

The Service is controlled, operated and administered by TEPS from our offices within the USA.
If you access the Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the TEPS Content accessed through
tristateevents.org in any country or in any manner prohibited by any applicable laws, restrictions
or regulations.

Indemnification

You agree to indemnify, defend and hold harmless TEPS, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable

attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of
any rights of a third party, or your violation of any applicable laws, rules or regulations. TEPS
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with TEPS
in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator’s award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and TEPS agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of a representative
or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. TRISTATE EVENT PLANNING SERVICES AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.

TRISTATE EVENT PLANNING SERVICES AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,

TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TRISTATE
EVENT PLANNING SERVICES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL TRISTATE EVENT PLANNING SERVICES AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE
DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
TRISTATE EVENT PLANNING SERVICES OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

TEPS reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you
hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms, including, without limitation, this
section.

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and TEPS as a result of this agreement or use of the Site. TEPS’s performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of TEPS’s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or gathered
by TEPS with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers

and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and TEPS with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and TEPS
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.

Changes to Terms

TEPS reserves the right, in its sole discretion, to change the Terms under which tristateevents.org
is offered. The most current version of the Terms will supersede all previous versions. TEPS
encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

TEPS welcomes your questions or comments regarding the Terms and Conditions:

Contact Us

Dyalto Enterprises LLC
dba TriState Event Planning Services
1981 Market Square Blvd
Waynesboro, PA 17268

Email Address:
[email protected]

Business Office:
717-765-6620
Business Office:
717-765-6622
Business Fax:
717-597-0226
Business Mobile:
717-262-8839

Effective as of September 28, 2019