Terms & Conditions

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE. BY ACCESSING OR REGISTERING AT THE SITE PARE BOOKING, LLC 2888 Loker Ave E #111, Carlsbad, CA 92010. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR REGISTER FOR OUR SITE OR APPLICATION.

These updated terms are effective as of August 18th, 2015, at 12 a.m. Pacific Standard Time, and apply to all offers presented through PARE on or after that date.

 

  1. Welcome to PARE

PARE has created an online marketplace for musical groups, solo performers, for-hire musicians, musical engineers, professional speakers and other talent (“Performers”) in search of opportunities to perform public or private engagements, including without limitation, nightclubs, venues, halls, churches, universities, military bases and any other locations in the United States, where performers perform professionally (“Events”). Performers who are registered members can direct potential promoters, talent buyers, venues and other purchasers (“Purchasers”) to the Performer’s respective public profile through the Performer’s unique URL. Other visitors, including music industry professionals may browse PARE. Collectively, visitors, Purchasers and Performers are referred to herein as “users or “you”.

This section explains our terms of use. When you use PARE, you are agreeing to all the rules on this page. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations, some of which may be summarized. These summaries are NOT part of the official legal terms.

By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Pare Booking, LLC, 6315 Citracado Circle, Carlsbad, California 92009 (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “PARE,” “we,” or “us”), you are agreeing to these legally binding rules (the “Terms”). You are also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site, like our Community Guidelines and Rules for Purchasers and Performers. We may change these terms from time to time. If we do, we’ll let you know about any changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using PARE after a change, that means you accept the new terms.

PARE BOOKING is for your personal, non-commercial use, except as otherwise provided below in sections 4 and 5.

 

  1. About Creating a PARE Account

To sign up for a PARE account as a registered member, you must be 18 or over. You are responsible for your account and all the activity on it.

In order for a Performer to engage in the conduct of booking Events, Performer must be registered member.

You can browse PARE without registering for an account. But to use PARE’s functions with regard to Events, you’ll need to register, choose an account name, and set a password. When you do that, the information you give us has to be accurate and complete. Do not impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you do not follow these rules, we may cancel your account.

You are responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to support@parebooking.com.

To sign up for an account as a registered member, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

 

  1. Things You Must NOTDo

This section is a list of things you know you shouldn’t do such as, lie, break laws, abuse people, steal data, hack other people’s computers, and so on. Please do not engage in this conduct. We expect everyone to be respectful, responsible and professional at all times. For avoidance of doubt, do not do any of these things on the Site and application:

  • Do not break the law or violate the rights of third parties. Do not take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
  • Do not lie to people. Do not post information you know is false, misleading, or inaccurate. Do not do anything deceptive or fraudulent.
  • Do not breach this agreement. Do not offer any services that are illegal or that violate any of PARE’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
  • Do not breach the Purchaser Agreement. Do not breach any material terms of the Purchaser Agreement and/or Performer’s Rider.
  • Do not victimize anyone. Do not do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
  • Do not spam. Do not distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Do not run mail lists, or any kind of auto-responder or spam on or through the Site or Application.
  • Do not harm anyone’s computer. Do not distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site or application (whether it belongs to PARE or another party).
  • Do not abuse other users’ personal information. When you use PARE — and especially if you create a professional relationship — you may receive information, including things like names, email addresses, and postal addresses. This information is provided solely in connection with the Event: do not use it for other purposes, and do not abuse it.

We also need to make sure that the Site and Application is secure and our systems function properly. So do not do any of these things. In other words, “do not mess with our system.”

  • Do not (or attempt to) interfere with the proper workings of the Services.
  • Do not bypass any measures we’ve put in place to secure the Services.
  • Do not try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to PARE or another party.
  • Do not take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers infrastructure. (We reserve the right to determine what’s reasonable.)
  • Do not use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site or Application.
  • Do not take apart or reverse engineer any aspect of PARE in an effort to access things like source code, underlying ideas, or algorithms.

 

  1. Performers and Purchasers and How Events are Booked

Most of our Terms of Use explain your relationship with PARE. This section is different — it explains the relationship between Performers and Purchasers with respect to booking Events, and who’s responsible for what. This section describes what you are both agreeing to when a Purchaser books the services of a Performer with respect to an Event. These terms are set forth in the sample template “Purchaser Agreement” provided for your convenience on the Site.

How an Agreement is Formed

PARE provides a marketplace platform for Performers and Purchasers of Performer’s services. When a Performer posts a listing for availabilities with respect to an Event on PARE’s Site, the Performer is inviting potential Purchasers to form a contract with the Performer. Any Purchaser who makes an offer with regard to a Performer’s Event post, which is accepted by the Performer via the PARE Site, forms a binding contract.

PARE is NOT a party to this contract — the Purchase Agreement is a direct legal agreement between Performers and Purchasers.

Once an Event is booked and the Purchase Agreement is executed and the deposit is received by PARE, the Performer is required to fulfill its contractual obligations under the Purchase Agreement. Once a Performer has done so, they’ve satisfied their obligations to the respective Purchaser.

Throughout the process, Performers and Purchasers owe each other a reasonable standard of care and effort, honest communication, and a dedication to fulfill their respective obligations in connection with the Event. At the same time, Purchasers must understand that when they purchase an Event that involves personal services, there may be changes or delays, and there’s a chance something could happen that prevents the Performer from being able to complete the Event as promised.

To the extent the Purchaser is acting in good faith and is not in breach of its material obligations of the Purchase Agreement, if a Performer is unable to fulfill the Performer’s material obligations (e.g., to perform) with regard to an Event, then the Performer may be in breach of the basic obligations of the Purchase Agreement. To remedy this possible situation, the Performer and Purchaser must each make every reasonable effort to resolve the situation. A Performer in this position has only remedied the situation and met the Performer’s obligations to a Purchaser if the Performer:

  • posts an update regarding a “force majeure” event preventing Performer from performing the Event as planned; or
  • works diligently and in good faith to bring the Event to the best possible conclusion in a timeframe that’s communicated to the Purchaser (for example, a mutually approved rescheduling of the Event); or
  • demonstrates that Performer has made reasonable efforts to complete the Event as promised; or
  • Performer offers to return all or a portion of Purchaser’s funds and Purchaser agrees to accept the funds;
  • Performer and Purchaser agree to any alternate resolution in writing.

The Performer is solely responsible for fulfilling the promises with respect to the Event. If the Performer is unable to satisfy the terms of the Purchase Agreement, the Performer may be subject to legal action by Purchaser.

 

  1. How to use the PARE Site to book an Event.

This section goes over the details of booking Events in general and things like: (a) how purchase agreements are made with regard to an offer, a counter offer and acceptance of an offer; (b) whether offers can be changed or canceled; (c) how Purchasers can get a full or partial refund; (d) how Purchasers can forfeit their deposit and be liable for a full payment, and force majeure events.

The entire booking process is managed through the Site as well as via PARE’s custom mobile application. Performers in search of Events, use the PARE platform to grow business, in an efficient, effective, and organized manner. Performers direct Purchasers to the Performer’s respective public profile through the Performer’s unique URL. Purchasers submit offers to Performers in connection with Event(s), and receive a response from the Performer with an approval, denial, or counter offer. If either an offer or a counter offer is accepted by the Performer, then the Performer and the Purchaser will move through the steps of contract execution and deposit, for each Event.

 

THE BOOKING PROCESS

Traffic to the Site will be via unique links embedded within the Booking or Inquiries section of a Performer’s designated web presence. This unique link from a Performer’s designated site opens the Performer’s public PARE profile page to the Purchaser. The Purchaser has the opportunity to: (a) view general information regarding the Performer (name and photo); (b) submit an offer.

The Offer Sheet is comprised of various fields which the Purchaser is required to complete with the information necessary for submission, including event details, Purchaser and venue information, and Performer’s fees and provisions. Submission of the Offer Sheet sets into motion various actions for both the Purchaser and the Performer. The first, being a simultaneous communication. The Purchaser receives a confirmation email from PARE of the Offer Sheet submission, and the Performer receives a communication of containing the terms of the Offer Sheet. The communication method to the Performer from PARE will be push notification on their mobile device. The notification to the Performer of a Pending Offer is sent with a link back to the Performer’s private user Dashboard. Through the Performer’s user Dashboard, the Performer is able to view the details of the Offer Sheet, including pricing, location, time, and other pertinent variables. Upon review, with one click, a Performer can approve, decline, or counter this offer.

 

Approval  

If the Performer chooses to approve the terms of the Offer Sheet, a number of processes are set in motion. From the Performer’s user Dashboard, this Offer Sheet is moved from the “Offers” folder on the Performer’s Dashboard, to the Performer’s “Committed” folder. All offers will remain in this “Committed” folder while the parties are waiting for a signature from the Purchaser with respect to the Purchase Agreement and confirmation by PARE of the receipt of Purchaser’s deposit. From the Purchaser’s user Dashboard, an email is generated through PARE and sent to the Purchaser. The text of this email will be auto-generated, yet personalized for the Performer, and will include the following information and steps:

 

  • Confirmation of approval of offer by Performer
  • Secure link to the Purchaser Agreement
  • Secure link to submit the deposit as well as deposit due date (which is required to be paid within two weeks of show offer approval)

 

A third folder, labeled “Contracted”, houses these offers upon; (a) acceptance by the Performer; (b) receipt of the deposit by PARE; and (c) receipt by PARE of the Performer and the Purchaser’s digital signatures with respect to the Purchase Agreement.

 

PARE provides a standard music industry event contract referred to herein as the “Purchase Agreement”. This Purchase Agreement is personalized for each offer submitted with the appropriate show information (Performer, Purchaser, Date, etc.). The Performer Rider will be provided by the Performer. The Performer holds the full and sole responsibility to make any changes or updates as necessary. The required deposit must be submitted through PARE in order to complete the required steps. PARE offers third party payment options by PARE, the Purchaser will receive a confirmation email, which will include a link to view the signed contract and receipt of deposit.

All deposits will be paid through PARE. The balance of the guaranteed fees needs to be paid directly to the Performer on the day of the show pursuant to the terms of the Purchaser Agreement.

 

Counter Offer

If the Performer chooses to make a Counter Offer to the terms presented in the Offer Sheet, then the Performer will be taken to a form that will allow the Performer to edit specific sections of the Offer Sheet submitted by Purchaser, including Date, Guarantee/Fees, Ticket Price and Covered Amenities (travel, lodging, meals). The Counter Offer will be emailed to the Purchaser with the option for the Purchaser to accept, decline, or propose a counter offer to the Counter Offer (including the original terms of the Offer Sheet).   The Purchaser will select the appropriate link within the email that will open the appropriate response/confirmation page.

If the Purchaser accepts the counter offer, the offer will be moved to the “Offer” folder on the Performer’s Dashboard, where it will move through the phases of an approved offer. If the Purchaser rejects the Counter Offer, the Performer will be notified that the Counter Offer has been rejected and the Counter Offer will be moved to the “Declined” Offer folder. Lastly, if the Purchaser counters the Counter Offer (including the resubmission of the terms of the original Offer Sheet), the Performer is given only three options – to approve, counter or decline this final offer.

 

Decline

If the Performer chooses to decline the offer, the Performer will select the “Decline” icon. A form will appear with only one field, asking the Performer to state their reasoning for declining Purchaser’s Offer or Purchaser’s counter offer to the Counter Offer. Once completed, this information will be sent to the Purchaser through PARE’s internal message system and the Offer Sheet is moved from the “Offers” folder to the Purchaser’s “Declined” offers folder.

 

PERFORMER’S USER ACCOUNT

The Performer’s user account dashboard is comprised of various tools, including:

  • Booking (Offers, Committed, Contracted, Declined)
  • Calendar
  • Notifications
  • Payment Management (View received payments and set up any necessary transfer to personal account)
  • Edit & Upload tools for Public Profile and Performer Rider
  • User preferences (Notification Methods, Private Information, and Account Access information)

PURCHASER’S OBLIGATIONS

These are the terms that apply when a Purchaser books an Event:

  • You’re only charged in full if the Performer renders services with respect to the Event, except under certain limited cases in a force majeure event or as otherwise set forth herein with respect to your breach of the Purchaser Agreement. You’ll provide your payment information when you sign up, but you won’t be charged. Partial payment will be collected by PARE on behalf of Performer in the form of a deposit totaling twenty percent (20%) of the total Guarantee owed to the Performer, upon execution of the Purchase Agreement. Your full payment will only be collected at the time of the Event as set forth in the Purchase Agreement. The exact amount set forth in the Purchase Agreement is the amount PARE will collect. If the Event is cancelled, you won’t be charged, no funds will be collected, and no money will change hands.
  • In some cases we will reserve the charge on your card. PARE and its payment partners may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full amount, at any time prior to the Event as set forth in the Purchaser Agreement.
  • You cannot change or cancel your Event at any time once you have submitted an Offer Sheet and it has been accepted. Once the Event is booked, you cannot cancel or change the terms of the Purchase Agreement, unless by making special arrangements directly with the Performer in writing.
  • The Performer may need to ask you questions about the Event. To advance the date, the Performer might need information from you. Purchaser will need to provide the information in a reasonable amount of time.
  • PARE does not provide refunds. Responsibility for the Event lies solely with the Performer. PARE doesn’t hold funds on Performers’ behalf, cannot guarantee Performers’ work, and does not offer refunds.

These are the terms that apply to Performer:

  • PARE will charge its fees before putting funds in Performer’s account. PARE and its payment partners will subtract fees before transmitting the proceeds of the Event.
  • Some guarantees can’t be collected. Because some payments can’t be collected — for instance, when a Purchaser’s credit card expires before the Event occurs, and they do not provide updated information — PARE cannot guarantee that the amount of funding you receive will be exactly equal to the full amount pledged minus fees.
  • Do not count your chickens before they hatch. Do not assume you’ll be able to route an entire tour when you want on the terms you want. There could be a variety of reasons why this is not possible. For example, you could fail to get the guarantees you want in certain markets making it financially difficult to play other markets, thereby impacting your entire tour schedule. Do not assume you’ll be able to immediately collect your funds. There may be a delay with regard to your access to the funds in the event there is a cancelation for example. And do not take any actions in reliance on collecting any of the funds until you actually have the ability to withdraw it from your account and spend it.

 

  1. Things that We Do not Do and Are NOT Responsible For

We do not oversee the performance of any Events, and we do not mediate disputes between users, Purchasers, Performers or otherwise.

PARE isn’t liable for any damages or losses related to your use of the Services. We do not become involved in disputes between users, or between users and any third party relating to the use of the Services. We do not oversee the performance or punctuality of Events, and we do not endorse any content users submit to the Site. When you use the Services, you release PARE from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

Forms Provided by PARE.   In connection with EventsPARE provides a basic template, the terms of which are modified upon mutual agreement between the Purchaser and the Performer, and Performer may include a rider with additional terms (the “Forms”). The User acknowledges that PARE’s provision of access to the Forms does not constitute legal advice nor does PARE make any warranties or representations with respect to the Forms, and, as such, they are provided “AS IS.”

 

Furthermore, the User acknowledges that PARE is not responsible for User’s compliance with any laws or regulations applicable to the Site and the services or products it provides. PARE will automatically publish the Forms on the Site in connection with Events. At any time, User may request to replace the Forms with documents the User wishes to publish. To do so, User must submit a request to replace the forms with the desired documents to pare@parebooking.com with the desired documents attached to the email. Said documents shall be deemed, “Purchase Agreement” for purposes hereof. Unless directed otherwise by User, User also consents to PARE’s publishing the personal email address provided by User in the Forms.

 

  1. Our Fees

We charge $19.99/mo or $199.99/ yr subscription fee’s to our artists. There is NO fee taken out of the booking gross.

Creating an account on PARE is free.

We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds paid by Purchasers are collected by payment providers. Each payment provider is its own company, and PARE isn’t responsible for its performance.

You’re solely responsible for paying any additional fees or taxes associated with your use of PARE.

 

  1. Other Websites

If you follow a link to another website, what happens there is between you and them — not us.

PARE may contain links to other websites. (For instance, Event pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We do not control or endorse those sites.

PARE partners with other companies (such as Braintree and AWS) payment processing. When you accept an Offer Sheet in connection with an Event, you are also agreeing to the payment processor’s terms of service.

 

  1. Your Intellectual Property

We do not own the stuff you post on PARE. But when you post it, you are giving us permission to use or copy it however we need in order to run the Site, or show people what’s happening on it. (We generally just use this to promote Events and showcase our community on the website.) You’re responsible for the content you post, and you are warranting and representing to us that it’s all okay to use.

PARE doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you execute a Purchaser Agreement, you agree to these terms:

  • We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
  • When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
  • You won’t submit stuff you do not hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant PARE all the license rights outlined here).
  • Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on PARE’s hosting of that Content.
  • You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If PARE or its users exploit or make use of your submission in the ways contemplated in this User Agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
  • We’re not responsible for mistakes in your content. PARE will not be liable for any errors or omissions in any content.

 

  1. PARE’s Intellectual Property

The content on PARE is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.

PARE’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

PARE grants you a license to reproduce content from the Services for personal use only. This license covers both PARE’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from PARE or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

 

  1. How We Deal with Copyright Issues

We comply with the Digital Millennium Copyright Act. To learn more about how we deal with claims of copyright infringement, email us @ pare@parebooking.com

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. PARE complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

If you’d like to submit a claim of copyright infringement, email us @ pare@parebooking.com. Our designated agent for notice of alleged copyright infringement is:

PARE Booking, LLC.
Attn: Copyright Agent
pare@parebooking.com

 

  1. Deleting Your Account

You can delete your account at any time. Deleting your account won’t make content you’ve already posted go away.

You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site.

 

  1. Our Rights

To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We do not take these powers lightly, and we only use them when we absolutely have to.

PARE reserves these rights:

  • We can make changes to the PARE Site and Services without notice or liability.
  • We have the right to decide who’s eligible to use PARE. We can cancel accounts or decline to offer our Services. (Especially if you are abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use PARE in that jurisdiction.
  • We have the right to cancel any Event, at any time and for any reason.
  • We have the right to reject, cancel, interrupt, remove, or suspend any Event at any time and for any reason.

PARE is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

 

  1. Warranty Disclaimer

We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

PARE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PARE SHALL CREATE ANY WARRANTY.

You hereby acknowledge and agree that PARE will not be liable for any temporary delay, outages or interruptions of the Services. Further, PARE shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure). You hereby acknowledge and agree that PARE reserves the right to temporarily suspend Services for the purposes of maintaining, repairing, or upgrading its systems and network. PARE may use reasonable efforts to notify you of pending maintenance. However at no time is PARE under any obligation to inform you of such maintenance.

We advise you to seek independent legal counsel with regard to the interpretation of this Agreement and with regard to any content, forms and other materials in connection herewith. You have either done so or refrained therefrom in your sole discretion.

 

  1. Indemnification

If you do something on PARE that winds up getting us sued, you must help defend us.

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of PARE, without limitation, third party claims in connection with User generated content and claims by either Purchaser and/or Performer with regard to an alleged breach of contract by one or the other or both and any ancillary claims in connection therewith, etc. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

 

  1. Limitation of Liability

If something bad happens as a result of your using PARE, we’re not liable (beyond a small amount).

To the fullest extent permitted by law, in no event will PARE, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall PARE’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

 

  1. Dispute Resolution and Governing Law

We’re located in Los Angeles, California, and any disputes with us have to be handled in a federal or state court located in Los Angeles, California under California law. You agree to submit to personal jurisdiction in said courts.

We at PARE encourage you to contact us if you are having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that PARE and its Services are deemed a passive website that does not give rise to jurisdiction over PARE or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of PARE, shall be filed only in the state or federal courts located in Los Angeles County in the State of California, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

 

  1. Miscellaneous

These Terms and the other material referenced in them are the entire agreement between you and PARE with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and PARE with respect to the Services and govern our present and future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or PARE to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get PARE’s prior written consent. PARE has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. PARE will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

PARE BOOKING, LLC

2888 Loker Ave E #111,
Carlsbad, CA 92010

pare@parebooking.com