Agreement between User and www.eventsbydesignindy.com
Welcome to www.eventsbydesignindy.com. The www.eventsbydesignindy.com website (the “Site”) is comprised of various
web pages operated by Complete Botanicals Depot, Inc. (“Events By Design Indy”). www.eventsbydesignindy.com is offered to
you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein
(the “Terms”). Your use of www.eventsbydesignindy.com constitutes your agreement to all such Terms. Please read
these terms carefully, and keep a copy of them for your reference.
www.eventsbydesignindy.com is an informational site.
Events By Design Indy offers CONTENT HERE…
which also governs the Site and informs users of our data collection practices.
Visiting www.eventsbydesignindy.com or sending emails to Events By Design Indy 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.
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 Events By Design Indy is not responsible for third party access to your account that results from theft or
misappropriation of your account. Events By Design Indy 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
Events By Design Indy does not knowingly collect, either online or offline, personal information from persons under the age
of thirteen. If you are under 18, you may use www.eventsbydesignindy.com only with permission of a parent or
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Links to Third Party Sites/Third Party Services
www.eventsbydesignindy.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the
control of Events By Design Indy and Events By Design Indy 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. Events By Design Indy is providing
these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Events By Design Indy
of the site or any association with its operators.
Certain services made available via www.eventsbydesignindy.com are delivered by third party sites and organizations.
By using any product, service or functionality originating from the www.eventsbydesignindy.com domain, you hereby
acknowledge and consent that Events By Design Indy may share such information and data with any third party with whom
Events By Design Indy has a contractual relationship to provide the requested product, service or functionality on behalf of
www.eventsbydesignindy.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.eventsbydesignindy.com
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 Events By Design Indy 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
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. Events By Design Indy 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 Events By Design Indy 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
Events By Design Indy or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Events By Design Indy 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 Events By Design Indy Content accessed through www.eventsbydesignindy.com in any country or
in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Events By Design Indy, 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. Events By Design Indy 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 Events By Design Indy in
asserting any available defenses.
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 Events By Design Indy 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.
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. COMPLETE BOTANICALS DEPOT, INC. AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
COMPLETE BOTANICALS DEPOT, INC. 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. COMPLETE BOTANICALS DEPOT, INC. 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-
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPLETE
BOTANICALS DEPOT, INC. 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 COMPLETE BOTANICALS
DEPOT, INC. 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
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Events By Design Indy 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 State of Indiana and you hereby consent to the exclusive jurisdiction and venue of
courts in Indiana 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 Planta
Verde as a result of this agreement or use of the Site. Events By Design Indy’s performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in derogation of Events By Design Indy’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 Events By Design Indy 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 Planta
Verde with respect to the Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Events By Design Indy 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
Events By Design Indy reserves the right, in its sole discretion, to change the Terms under which www.eventsbydesignindy.com
is offered. The most current version of the Terms will supersede all previous versions. Events By Design Indy encourages
you to periodically review the Terms to stay informed of our updates.
Events By Design Indy welcomes your questions or comments regarding the Terms:
Events By Designs Indy
Effective as of May 19, 2021