LIMITATION OF LIABILITY

EXCEPT AS MAY OTHERWISE BE SET FORTH IN A SEPARATE AGREEMENT SUCH AS A MASTER SERVICE AGREEMENT OR STATEMENT OF WORK, IN NO EVENT SHALL TALLEN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, COSTS FOR PROCUREMENT OF SUBSTITUTE SERVICES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, OR BUSINESS INTERRUPTION INCURRED BY CLIENT OR ANY THIRD PARTY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSIVE REMEDY

TALLEN’S ENTIRE LIABILITY AND CLIENT’S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NONPERFORMANCE OR MISREPRESENTATION, AND REGARDLESS OF THE FORM OF ACTIONS, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL TO THE TOTAL NET PAYMENTS PAID BY CLIENT TO TALLEN FOR THE APPLICABLE SERVICES AND PRODUCTS UNDER THIS QUOTE DURING THE SIX (6) MONTHS PRECEDING THE MONTH IN WHICH THE DAMAGE OCCURRED.

DISCLAIMER/LIMITATION OF WARRANTIES

EXCEPT AS OTHERWISE REQUIRED BY LAW OR SET FORTH IN A SEPARATE AGREEMENT SUCH AS A MASTER SERVICE AGREEMENT OR STATEMENT OF WORK , TALLEN SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE.

CANCELLATION POLICY

Client may cancel the event by giving written notice of cancellation via email.

Under no circumstances shall cancellation charges exceed the most current project estimate, sales order, or invoice.

If the event is re-scheduled or Client books another event with Tallen that is scheduled to occur within one hundred and eighty (180) calendar days after the effective date of cancellation, Tallen will apply cancellation fees as a credit towards fees incurred in connection with such event to the extent that work, or portions thereof, may be reused for such event, provided, that cancellation fees will not be applied towards the modification or storage of any such work, if any is necessary to allow work product to be reused; for any third party costs incurred; or for setup, event, or strike labor.

If Tallen receives the notice of cancellation more than three (3) calendar days before the date upon which Tallen is scheduled to commence set up for a live or hybrid event, or the broadcast start date for a virtual event (including the date upon which notice is received), Tallen will promptly invoice, and Client shall pay Tallen, for (i) all work performed and/or services rendered prior to the effective date of cancellation; and (ii) all non-refundable expenses incurred by Tallen before the effective date of cancellation.

If Tallen receives the notice of cancellation three (3) calendar days or less before the date upon which Tallen is scheduled to commence set up for a live or hybrid event, or the broadcast start date for a virtual event (including the date upon which notice is received), services and work quoted are deemed to have been performed in full by Tallen for purposes of cancellation. Live events less than two thousand ($2,000) dollars (excluding taxes), may be cancelled without any charges incurred if Tallen receives the notice of cancellation more than twenty four (24) hours before Tallen is scheduled to commence set up for the event. If Tallen receives the notice of cancellation for these events within twenty four (24) hours or less from the time upon which Tallen is scheduled to commence set up for the event, services and work quoted are deemed to have been performed in full by Tallen for purposes of cancellation.  Tallen will promptly invoice, and client shall pay in full for all work and services.