Last updated: May 7, 2019
This Terms of Service is an agreement between XOXO LLC, an Oregon limited liability company (“we”, “us”, or “our”), and you (“you” or “your”). This Terms of Service governs your use of our services, including the xoxofest.com site and your participation in XOXO (“Services”).
We reserve the right to update or modify the Terms at any time, and will notify you of any update or modification. Your use of the Services following any update or modification constitutes your agreement to follow and be bound by the new Terms.
By applying for a ticket to XOXO, you agree that you have read, and you agree to abide by, the XOXO Code of Conduct.
XOXO passes are non-transferable, but your purchase can be refunded in full until the refund cutoff date specified when you purchased your pass. After that, all sales are final.
The Services are provided on an at-will and as-available basis. You acknowledge and agree that we shall not be liable to you or any third party for modification or discontinuation of the of the Services. You may terminate this agreement by ceasing to use the Services. We may terminate this agreement by notifying you at any time via email. Any refund of any price paid to us will be refunded in our discretion if we terminate this agreement.
In no event will we be liable to you for any indirect, special, incidental, or consequential damages or lost profits that may arise in connection with the Services. Our liability to you will not exceed the amount actually paid or payable to us by you.
You acknowledge that you are aware of the risks involved in participating in XOXO and accept the full risk of any property damage or injuries, including loss of life or personal injuries, and expenses that may occur as a result of participating in XOXO. You waive, release, and discharge XOXO LLC and its owners, agents, and representatives from any claim or liability of any kind, now known or later discovered, arising out of your participation in XOXO or use of the XOXO facilities. This agreement applies to any claim even if caused by negligence.
This limitation of liability may not apply to you to the extent that it is not allowed in some jurisdictions.
You shall indemnify XOXO LLC and its owners, agents, and representatives (each an “Indemnified Party”) against any claims, actions, damages, liabilities, losses, or costs, including attorneys’ fees and costs incurred in the settlement or avoidance of any such claim, incurred by or asserted against any Indemnified Party resulting from or arising in connection with: (i) your access to or use of the Services; or (ii) any breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under these Terms.
To the extent caused by an act of a god, no delay, failure, or default will constitute a breach of the Terms.
This agreement falls under the laws of Oregon. Any claim arising out of the Terms, including tort claims, must be resolved in Multnomah County, Oregon.