6. LIMITED USER LICENSE TO USE THE WEBSITE.

Provided you comply with these Terms, VenuWorks grants you limited permission/license (which may be revoked at any time for any reason or no reason) to access and use the Website solely for your personal use if you are an individual or internal business use if you are are part of an Organization. You may not remove any trademark, copyright or other proprietary notices contained on such pages. Any rights not expressly granted herein are reserved by VenuWorks.

7. ACCEPTABLE USE POLICY.

If you use the Website, you agree to comply with the following Acceptable Use Policy:

a. Compliance with Laws.

You agree to use the Website in compliance with applicable federal, state, or local laws, rules or regulations (“Applicable Laws”).

b. Honesty.

You agree that using the Website, you will:

• submit only true, correct and accurate information.

• not misrepresent your affiliations with VenuWorks or any third party.

• not commit fraud or falsify information in connection with your use of the Website.

• not act maliciously against the business interests or reputation of VenuWorks.

• not impersonate or attempt to impersonate another user or person.

c. Protection of Intellectual Property Rights.

You agree not to:

• Use any content from this Website for the purpose of training, developing, or improving any AI or machine learning models, algorithms, or systems. This prohibition includes the scraping, mirroring. copying and/or exfiltration of any Website content, data and other proprietary material of VenuWorks, Inc. Any violation of this prohibition is prohibited and may result in legal action.

• use the Website in a manner which infringes or misappropriates the Intellectual Property Rights of VenuWorks or any third party.

• modify, adapt, translate, copy, distribute, re-publish, transmit, broadcast, display, perform, reproduce, publish, reuse, sell, resell, license, create derivative works of, or transfer the Website or the Content in whole or in part.

• create a competitive product or service offering to the Website.

• incorporate the Content into any database, data set, compilation, archive or cache.

• link to or use the Website in a manner which does or has the potential to, in our sole opinion, damage or dilute the reputation of VenuWorks or its third-party providers and the goodwill associated with VenuWorks’ names and trademarks.

• create the false appearance that any program, person, or entity is associated with VenuWorks.

d. Misuse of the Website.

You agree not to use the Website to:

• harass, annoy, intimidate, or threaten any person.

• attempt to gain unauthorized access to other computer systems from or through the Website.

• interfere with another’s use or enjoyment of the Website.

• send chain letters or junk mail, spam, or use of distribution lists.

• deep link to the Website or access the Website with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Website or any content available from the Website.

• share any personal information for which you do not have authorization or consent to share with us.

e. Interference with Operation of the Website.

You agree you are using the Website not to:

• engage in activities that could render the Website inoperable or make use of the Website more difficult.

• introduce any viruses, trojan horses, worms, logic bombs, malware or other material which is malicious or technologically harmful.

• deep link to the Website or access the Website with any bot, robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of the Website or any content available from the Website.

• disrupt, interfere with, or otherwise harm or violate the security of the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website.

• If you violate this Acceptable Use Policy, VenuWorks may not have an adequate remedy at law and monetary compensation may not be a sufficient remedy. In that event, VenuWorks may seek immediate injunctive relief, without the need to post a bond. VenuWorks reserves all its statutory and common law rights against any person or entity who violates this Acceptable Use Policy and may suspend or terminate your ability to use the Website for a violation of this Acceptable Use Policy.

8. TERMINATION AND MODIFICATION OF THE SERVICE.

VenuWorks reserves the right, in its sole discretion, to modify, suspend, or discontinue at any time, with or without notice, the Website. The Website and your account may be unavailable or limited for various reasons, and we will not be liable to you for any such unavailability.

16. THIRD-PARTY BENEFICIARIES.

These Terms do not confer any rights, remedies, or benefits upon any person other than you and VenuWorks, except that the third -parties who may offer products using our Website may be third-party beneficiaries of these Terms.

17. JURISDICTION, APPLICABLE LAW, AND LIMITATIONS.

These Terms are subject to Iowa law, without regard to its conflicts of law provisions. Venue for any dispute arising under these Terms is exclusively in the state or federal courts located in Polk County, Iowa, and you expressly agree to the exclusive jurisdiction of those courts.

Any cause of action or other claim with respect to the Website or the subject matter of these Terms must be commenced within one year after the cause of action or claim arises.

18. ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH VENUWORKS ON AN INDIVIDUAL BASIS AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

1. Applicability of Arbitration Agreement.

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, will be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding anything to the contrary however, you and VenuWorks each retain the right to bring an individual action to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s Intellectual Property Rights or as otherwise permitted in these Terms. The institution of any action for injunctive relief will not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

California Residents Only

If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.

1. Arbitrator and Rules.

The arbitration proceeding will be administered using the rules of the American Arbitration Association (“AAA”) before one arbitrator. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator will not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will share equally in the costs assessed for the arbitration, and each party will bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.

1. Place of Arbitration; Applicable Federal Law.

The place of arbitration will be in Story County, Iowa, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1 -16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that all actions taken under the Arbitration Agreement and related provisions, including but not limited to, all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

1. Survival.

This Arbitration Agreement provision will survive the termination of these Terms.

1. Time Limitation on Claims.

Subject to Applicable Law, any claim by you arising in connection with the Website must be commenced by you within one (1) year of the Dispute giving rise to the claim.

1. Changes to this Agreement to Arbitrate.

The legal basis we use for the above processing is your consent or our legitimate interests.

For compliance with legal obligations

We process your personal information where needed in accordance with our legal obligations under applicable laws, legal processes, or government regulations, and to cooperate with public or government authorities, courts or regulators. For more information on how we handle information requests from public authorities and law enforcement agencies, please see the section on disclosures below.

The legal basis we use under applicable law for the above processing is complying with legal obligations or our legitimate interest. 

How we disclose your personal information

We may disclose your personal information in the following limited circumstances: 

Vendors, consultants, and other service providers

We may disclose your personal information to vendors, consultants, and service providers who perform services on our behalf. These services may include processing payments, analyzing website usage/analytics, preventing spam and security threats related to abusive automated software, managing online activities, gathering product feedback, providing user support, operating our CRM, facilitating transactions, tracking marketing campaigns, and handling email communications. 

VenuWorks may also share your personal information with banking, legal, insurance and accounting services (who may act as processors or controllers) to the extent we are legally obliged to share or have a legitimate interest in sharing your personal information.

If VenuWorks receives your personal information and subsequently transfers that information to a processor for processing, VenuWorks remains responsible for ensuring that such processor processes your personal information to the standard required by the applicable data protection law. These transfers will be governed by an agreement to protect your personal information.

Partners

When you attend an Event that is hosted by VenuWorks and another organization, we may share your contact information with the Event’s sponsors in line with your preferences. You may choose to opt-out at any time.

VenuWorks will review verified privacy rights requests and respond to you as quickly as possible. If we are unable to comply with your request due to an exception or limitation, we will explain this in writing. If we need more time, we will inform you of the reason and extension period in writing. 

If you would like an authorized agent to make a privacy rights request on your behalf, the agent may do so by making the request as provided in the Contact us section at the bottom of notice. We will ask for written, signed permission that the agent has been authorized to act on your behalf. Once written authorization is provided, we will review your privacy rights request and respond to you as quickly as possible. We will respond directly to the e-mail address provided by the authorized agent regarding the fulfillment of the privacy rights request.

You can also correct, update, or delete your account information, change your cookie preferences, as well as exercise other choices, including changing your marketing preferences by following the instructions outlined below:

Marketing preferences

You may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, you may continue to receive Services-related and other non-marketing emails.

Event co-sponsors

If you initially opted-in to have your personal information shared with our Event co-sponsors, you may opt-out at any time thereafter by sending a request to VenuWorks as noted in the Contact Us section at the bottom of this Notice.

Cookie preferences

You can choose your preferences for cookies and other trackers by accessing our cookie banner on our Website. 

Your ongoing privacy choices

If personal information covered by this Privacy Notice is to be used for a new purpose that is materially different from that for which the personal information was originally collected or subsequently authorized, or is to be disclosed to a non-agent third party in a manner not specified in this Notice, VenuWorks will provide you with an opportunity to choose whether to have your personal information so used or disclosed. Requests to opt out of such uses or disclosures of personal information should be sent to us as specified in the “Contact us” section below. 

Children and collection of a minor’s personal information for employment purposes

Our Website and services are not directed at children. We do not knowingly collect personal information from children under 13 years of age without express parental consent. If you are a parent or guardian, and believe we have mistakenly or unintentionally collected personal information of a child without appropriate consent, please contact us at info@venuworks.com.

In some states, minors aged 14 -17 years may be eligible to apply for employment with VenuWorks or a VenuWorks-affiliated location. For minors in this age group, we may collect personal information only to process employment applications or to manage the hiring process, consistent with applicable federal and state labor laws. This personal information may include name, contact details, date of birth, age, work authorization, education and work history, references, and, where required by law, a parent/guardian’s contact information to obtain necessary consents or work permits.We do not sell or share the personal information of individuals we collect for employment purposes and we do not process such information for targeted advertising.

Additional information for consumers in the United States

If you are a US resident, we process your personal information in accordance with applicable state data privacy laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act (collectively, the “CCPA”), and the information below includes additional information applicable to consumers and supplements this Notice.

California privacy rights

We are required to provide the categories of personal information that we that we collect and/or share for the purposes described in the section “How we use your personal information and on what grounds” of this Notice and to the processors and third parties listed in the section “How we disclose your personal information, as provided below. 

For more information on how to exercise your rights, including the list of privacy rights that may be available to you, please see section “Your privacy rights and choices” of this Notice. If you would like to access, review, update, correct, delete any personal information we hold about you, or exercise any other privacy rights available to you, including the right to opt out from selling or sharing your personal information, you can send your request to us at info@venuworks.com.

We try to respond to a privacy rights request within forty-five (45) days after receiving it. If we need more time, we will inform you of the reason and extension period in writing. If you submit the request with us via email, we will deliver our written response by mail or electronically, at your option. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. 

Right to Appeal 

Depending on the laws applicable to you, if you are not satisfied with our response to you, you may have the ability to appeal our response. If an appeal right is applicable to you, we will let you know in our response to you.

Categories of personal information

Browser "Do Not Track"

Privacy regulations in the United States, such as the laws of California and Delaware, require VenuWorks to indicate whether it honors your browser’s “Do Not Track” settings concerning targeted advertising. VenuWorks adheres to the standards set out in this Notice and does not monitor or respond to Do Not Track browser requests. 

Changes to this Notice

We may change this Notice from time to time. We will alert you about material changes by, for example, placing a notice on our Websites and/or sending you an e-mail (if you have registered your e-mail with us) when we are required to do so by applicable law. You can see when this Notice was last updated by checking the date at the top of this page. You are responsible for periodically reviewing this Notice. If you disagree with any changes to this Notice, you should stop using the Services.

Contact us

You may contact VenuWorks as provided below:

VenuWorks, Inc.

1615 Golden Aspen Drive #107

Ames, Iowa 50010

info@venuworks.com