The Vervepool website and/or mobile application is owned or operated by Vervepool, LLC (together with its subsidiaries and affiliates, referred to herein as "Vervepool" or "we" or "us" or "our").
Certain features, products or software that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. In addition, some areas of the Site are provided by our third party partners and are subject to separate terms and conditions of use, which are posted within those areas.
Vervepool provides a place for Vervepool Users to interact with vendors and book those vendors to provide event services. However, Vervepool does not provide any vendor services, nor is it an agent for the vendors or act as a representative of any User. Therefore, Vervepool has no control over any User's activity on the Site, including interactions between Users, and we make no representations regarding the quality, accuracy or safety of the services being provided by a vendor or the activities or transactions between Users.
You acknowledge that Vervepool is a neutral venue and not a broker, and you are solely responsible for your interactions with other Vervepool Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Vervepool shall have no liability for your interactions with other Users, or for any User's action or inaction.
ANY VERVEPOOL USER THAT YOU ENGAGE TO PERFORM WORK IS AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF VERVEPOOL. VERVEPOOL DOES NOT PERFORM WORK FOR YOU AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM WORK FOR YOU. YOU HEREBY ACKNOWLEDGE THAT VERVEPOOL DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A VERVEPOOL USER'S WORK AND IS NOT RESPONSIBLE FOR THE WORK PERFORMED IN ANY MANNER.
Vervepool only enables connections between Vervepool Users, and is not responsible for the performance of Vervepool Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of work performed by Vervepool Users, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Vervepool Users. Vervepool makes no representations about the suitability, reliability, timeliness, or accuracy of the work requested and services provided by Vervepool Users identified through the Vervepool platform whether in public, private, or offline interactions.
When interacting with other Vervepool Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. NEITHER VERVEPOOL NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE VERVEPOOL PLATFORM AND YOU HEREBY RELEASE VERVEPOOL AND ITS AFFILIATES FROM ANY LIABILITY RELATED THERETO. VERVEPOOL AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE VERVEPOOL PLATFORM.
Where you enter into these Terms on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these Terms.
engage in any Circumventing Tactics (as defined below), or direct or encourage others to do so. "Circumventing Tactics" means any method by which a vendor or a user attempts to circumvent the Site, the Vervepool 'marketplace or Vervepool' systems to book engagements outside of the Site, the Vervepool 'marketplace or Vervepool' systems (e.g., to avoid paying any fees to Vervepool).
"harvest","scrape" (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on or through the Site.
post any content or take any action that contains any information, content or behavior that we deem vulgar, obscene, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise harmful (to Vervepool, vendors or other users of the Site).
contact a Vervepool client with an offer or suggestion to book an event listed on Vervepool outside of Vervepool.
interfere with a Vervepool vendor's booking.
contact a Vervepool client in an open or completed booking to warn them away from hiring a Vervepool vendor.
if you are a vendor, discourage clients from hiring other Vervepool vendor or members.
discourage and/or prevent Vervepool clients from booking you through Vervepool.
if you are a vendor, 'farm' out client leads (i.e., taking client leads provided to them and transferring these client leads to non-Vervepool vendors and entities or outside the Vervepool Site in any way).
if you are a vendor, utilize client leads sent to other Vervepool vendors or members but not sent to you.
You also must comply with all applicable laws and contractual obligations when you use the Site. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Site is void where prohibited.
You may choose to or we may invite you to submit comments or ideas about the Sites and our other products and services, including without limitation about how to improve the Sites or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Vervepool under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Vervepool does not waive any rights to use similar or related ideas previously known to Vervepool, or developed by its employees, or obtained from sources other than you.
If you, as a Vervepool vendor, experience a dissolution, merger or other significant change in personnel, then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all client reviews previously associated with such account.
Notwithstanding the foregoing, if you are a vendor, you agree that Vervepool may take certain actions as deemed appropriate by Vervepool for cancellation of bookings after confirmation. Such actions may include publishing a review, suspending you from using the Site or assessing a cancellation fee. Vervepool reserves the right, in certain situations and in its sole discretion, to cancel any booking or issue a refund for a booking made via the Site or related services. As a vendor and/or a User, you agree that Vervepool should not be liable for any such cancellations or refunds.
Billing Policies. You are responsible for paying any and all applicable fees as set forth on our Pricing and Payment Terms at vervepool.com/pricing and applicable taxes associated with the Site in a timely manner with a valid payment method. Unless otherwise stated, all fees are quoted in U.S. Dollars. All payments must be made electronically by the methods specified within the Site. You agree that we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete, and accurate (e.g., a change in billing address, credit card number or expiration date) and to notify Vervepool if your selected payment method is cancelled (e.g., for loss or theft). Vervepool may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
The vendors, and not Vervepool, are responsible for delivering any purchased goods or performing any booked services. If you, as a User of the Site, choose to enter into a transaction with a vendor, you agree and understand that you will be required to enter into an agreement with such vendor and agree to any terms or conditions which may be imposed by such vendor. As a User and a vendor of the Site, you acknowledge and agree that you, and not Vervepool, will be responsible for performing the obligations of such agreements, except as otherwise expressly set forth in this Agreement.
No Refunds. You may cancel your Vervepool account at any time; however, there are no refunds for cancellation except (a) as expressly set forth herein, and/or (b) as required by applicable law. In the event that Vervepool suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Site Content, any unused time on a subscription, any license or subscription fees for any portion of the Sites, any content or data associated with your account or for anything else.
Charges on Your Account. You are responsible for all charges incurred under your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your use of the Site or any services contained therein, including, but not limited to, sales, use or value-added taxes. To the extent Vervepool is obligated to collect such taxes, the applicable tax will be added to your billing account.
Authorization; Payment Processing. You expressly authorize Vervepool to debit or credit any monies from the payment method you have chosen. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Site; provided, however, that such notice will not affect charges submitted before Vervepool could reasonably act. The vendor shall be responsible for all fees associated with the processing of the payment method, including payment processing and associated bank fees.
Disputes. You agree to contact the User or vendor who purchased or sold the goods or services directly with all inquiries regarding such purchased goods or services. Vervepool may, but has no obligation to, handle or facilitate the handling of any disputes between Users.
Booking Fees. When a booking occurs through the Vervepool platform, Vervepool collects a booking fee, as set forth on our pricing and payment page at vervepool.com/pricing or disclosed to you at your time of registration or at the time of booking. Should the vendor not perform at the event, the fee will be refunded, provided that all refund requests must be provided as specified in the Event Protection Policy below.
Correcting Mistakes in Payments to Vendors and Customers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous Vervepool refund or reimbursement.
Taxes. Users of the Vervepool platform will be liable for any taxes (including VAT, if applicable) required to be paid on the work provided under the Agreement (other than taxes on Vervepool's income).
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail in accordance with the requirements set out in "Vervepool DMCA Policy" below. We have a policy of terminating the Site usage privileges of users who are infringers of intellectual property rights.
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO VERVEPOOL, LLC, 4712 ADMIRALTY WAY #522, MARINA DEL REY, CA 90292, BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT INFORMATION, IF YOU HAVE ONE AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
The arbitration proceedings shall be held in San Francisco, California, unless you can demonstrate that arbitration in San Francisco would create an undue burden to you. If you can demonstrate that arbitration in San Francisco would create an undue burden to you, we may allow you to initiate the arbitration in your home state.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.
IN NO EVENT WILL WE OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), RELATING TO YOUR OR ANY OTHER PARTY'S USE OF OR INABILITY TO USE THE VERVEPOOL PLATFORM (INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY VERVEPOOL USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY VERVEPOOL USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY VERVEPOOL OR ITS AFFILIATES), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. VERVEPOOL DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE VERVEPOOL PLATFORM.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
AS SET FORTH IN SECTION 1, VERVEPOOL DOES NOT PERFORM WORK FOR YOU ARE EMPLOY INDIVIDUALS TO PERFORM WORK. Each Vervepool User assumes all liability for proper classification of such Vervepool User's workers based on applicable legal guidelines.
Vervepool Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Vervepool. Each Vervepool User acknowledges that Vervepool does not, in any way, supervise, direct, control or monitor a Vervepool User's work or work performed in any manner. Vervepool does not set a Vervepool User's work hours or location of work. Vervepool will not provide any equipment, labor or materials needed for any particular work. Vervepool does not provide any supervision to Vervepool Users.
The Vervepool platform is not an employment service and Vervepool is not an employer of any Vervepool User. As such, Vervepool is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your use of a Vervepool User's services.
We strongly encourage clients to work with vendors before opening a claim relating to the booking of entertainment or event services.
In the instance of a vendor cancellation, the vendor must notify Vervepool of the cancellation no less than 48 hours prior to the event date.
If the vendor notifies Vervepool of the cancellation within the required time frame, Vervepool will refund the booking fee, and the client will not be permitted to post a review.
Should the vendor fail to notify Vervepool of the cancellation within the required timeframe, the vendor will forfeit the booking fee, and the client will be permitted to post a review. Further, Vervepool reserves the right to issue a "no-show" on the vendor's account leading to possible suspension or termination of the vendor's Vervepool membership.
Vervepool will use commercially reasonable efforts to help find a suitable replacement vendor for the client's event. If the replacement vendor is hired by the client, the canceling vendor will still forfeit the booking fee, and the replacement vendor's booking fee will be waived.
Any client deposit and/or balance payments processed through the Vervepool payment system will be refunded to the client by Vervepool. The vendor will then be invoiced by Vervepool for the return of these funds.
Any client deposit and/or balance payments made to the vendor outside of the Vervepool payment system must be returned to the client in full directly by the vendor. Failure to do so may lead to possible suspension or termination of the vendor's Vervepool membership.
In the instance of a client cancellation, we ask that the client notify Vervepool as far in advance of the event date as possible.
The client will forfeit any non-refundable payments made prior to the cancellation date. Any refundable payments made by the client through the Vervepool payment system with respect to the cancelled event will be returned to the client by Vervepool provided that the client notifies Vervepool of the cancellation prior to the refundable date.
The return of any client deposit and/or balance payments made to the vendor outside the Vervepool payment system must be negotiated directly with the vendor.
The client will not be permitted to post a review.