General Website User and Attendee Terms & Conditions
SECTION 3.3 HEREBY GOVERNS ALL COMMUNICATIONS YOU ARE CONSENTING TO WITH EVENT OPERATORS LLC AND PRIVATE LENDER EXPO® (AS DEFINED BELOW) AND ITS EXHIBITORS, SPONSORS ADVERTISERS, BY REGISTERING FOR THE PRIVATE LENDER EXPO® EVENT. BY REGISTERING, YOU HEREBY AGREE THAT EVENT OPERATORS LLC AND PRIVATE LENDER EXPO® (AND ITS EXHIBITORS, SPONSORS AND ADVERTISERS,) MAY COMMUNICATE WITH YOU AT THE PHONE NUMBERS THAT YOU PROVIDE IN YOUR REGISTRATION UTILIZING AN AUTOMATED AND OR DIGITAL ELECTRONIC TELEPHONE DIALING SYSTEM OR BY UTILIZING AN A PRERECORDED OR ARTIFICIAL VOICE OR VIA TEXT MESSAGES TO YOUR LAND LINE AND/OR MOBILE DEVICE. YOU ALSO UNDERSTAND AND AGREE THAT CONSENT IS NOT A CONDITION OF PURCHASE. EVENT OPERATORS LLC AND/OR PRIVATE LENDER EXPO® OFFERS A FREE ADMISSION TICKET OPTION WITH ALL EVENTS FOR A LIMITED TIME.
CAREFULLY REVIEW THE INFORMATION BELOW. THESE GENERAL WEBSITE USER AND ATTENDEE AND EXHIBITOR TERMS AND CONDITIONS (THIS “AGREEMENT”) LIMITS CERTAIN TYPES OF YOUR RIGHTS, INCLUDING BUT NOT LIMITED TO THE RIGHT THE RIGHT TO A JURY TRIAL, THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO PARTICIPATE IN ANY FORM OF REPRESENTATIVE OR CLASS CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS MAY BE PROVIDED IN ARBITRATION RULES, AND THE RIGHT TO CERTAIN TYPES OF REMEDIES AND OR FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR EVENT OPERATORS LLC WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. THIS AGREEMENT ALSO HERBEY GOVERNS THE RIGHTS OF EVENT OPERATORS LLC (AS DEFINED BELOW) AND ITS REPRESENTATIVES, EMPLOYEES, AGENTS AND LICENSEES TO EMAIL TEXT MESSAGE, AND CALL YOU ON BEHALF OF EVENT OPERATORS LLC , EVENT OPERATORS LLC ADVERTISERS AND OTHER THIRD PARTIES REGARDLESS IF YOUR TELEPHONE NUMBER IS REGISTERED OR LISTED ON ANY TYPE OF FEDERAL, STATE, NATIONAL OR ANY OTHER TYPE OF DO NOT CALL REGISTRY AND/OR LIST OF ANY KIND. (See Section 3.3 below).
The www.privatelenderexpo.com (the “Website”) is operated by Event Operators LLC, a New York limited liability company (“EO”, “we”, “us”, or “our”). The Website enables anonymous visitors to the Website (“Visitors”) to learn and obtain information about us and our Private Lender Expo® events (each, an “Event” and collectively, the “Events”), and Visitors who affirmatively and clearly indicate their agreement to abide by this Agreement via a click-through consent (where made available) to register for an Event or Events as attendees (“Attendees”). The terms “you”, “your” and “yours” when utilized herein refers to either Visitors or Attendees or both Visitors and Attendees collectively, as applicable from the context of the sentence, and in any case of doubt refers to both Visitors and Attendees. This Agreement hereby sets forth the terms and conditions which govern your use of the Website and your attendance at each such Event. For clarity, each such “Event” as clearly defined herein hereby refers collectively to, and includes, any and all activities promoted by Event Operators LLC in connection with any particular or specific Event, including any and all pre-expo and or post-expo activities and any virtual webinars that may be accessible online, and applies to both types of Events held at Physical Venues (“Physical Events”) as well as to Events that may be held at Virtual Venues (“Virtual Events”).
1. THIS AGREEMENT.
1.1 Acceptance. Please read this Agreement carefully before attempting to access the Website. In order to utilize the Website, you must first agree to the provisions set forth and outlined in this Agreement. By accessing any web page of the Website (other than this Agreement), Visitors confirm that they have read, understand and agree to be bound by the terms and conditions set forth and outlined in this Agreement. To clarify, You are not authorized to register for our Event(s) or use our Website if you do not agree with the terms set forth in this Agreement. Attendees indicate and confirm their approval and are in agreement to this Agreement either as do Visitors, by signing electronically, or via a click-through consent (where any such an option may be made available by Event Operators LLC), or otherwise upon the commencing use of the Website and/or upon submitting a registration to an Event. It may also be possible to register for Events from other third-party web sites (such as via Eventbrite, Facebook, Instagram), and you shall indicate your acceptance to this agreement when completing such registration and by you registering to attend the event. By becoming an Attendee you hereby represent, warrant and certify that you are at least eighteen (18) years of age and not considered a minor in your state of residence, and that in addition, if you are executing this Agreement on behalf of an entity or any other person, you hereby certify that you have been duly authorized to so act by such person or such entity. You understand and agree that you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form any type of binding contract with Event Operators LLC, or (b) you are a person barred from using the Website either (i) under the laws of the jurisdiction or jurisdictions in which you reside or otherwise from such location which you are attempting to access the Website, or (ii) due to your prior violations of this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. Should we decide to ask Attendees to indicate their complete acknowledgement of this Agreement and their adherence to its terms and provisions more than one manner, or more than one time, any such repeated requests and/or multiple execution of this Agreement is only intended for the sake of good practice and in no way derogates from the validity of any prior execution or acknowledgement.
1.2 Modification. We reserve the complete right to modify this Agreement at any time and for any reason . You hereby agree to review this Agreement periodically in an effort to stay aware of any and all such modifications. We shall indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning section of this Agreement. You hereby understand and agree that your continued use of the Website after a modified version of this Agreement has been posted to the Website shall hereby be deemed to be your conclusive acceptance of any modified version of this Agreement. If you do not agree to abide by the initial version and each future modified version of this Agreement, you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Website’s homepage.
2.1 Attendee Registration. Attendees can register for our Events online utilizing the service provided by our third-party registration provider Eventbrite, Inc. (“EventBrite”) or on the event site at the respective venue on the day of an Event or via certain other third-party sites (such as Instagram, Facebook). Please take note that all registrations for any particular Event are space permitting, on a first-come first-served basis. Attendees that register online will receive a user ID and password to access each such Attendee’s registration account (“Account”). Attendees hereby agree not to allow any individuals or third party to utilize their Account to access the Website and to implement measure at all times to safeguard the information that would allow another entity or individual to access the Website by utilizing their Account. Attendees shall be responsible and held liable for their failure to safeguard such information and/or to allow any other entity or individual to access or utilize the Website by utilizing their Account. No Account, or any portion thereof, may be sold, viewed, or otherwise transferred by an Attendee. Attendees shall promptly notify Event Operators LLC in writing immediately of any unauthorized use of their Account or otherwise of the Website. Visitors and attendees agree that Event Operators LLC shall not be held liable for any type of loss that may result from the unauthorized use of any Account, no matter with or without Event Operators LLC knowledge. Attendees are required to check-in with us prior to each Event in our Registration Area. Attendee badges are printed on-site and provided to you with a lanyard/clip with badge holder. It’s highly recommend that you print and bring your EventBrite confirmation with QR Code for scanning to have a pleasurable and expedited check-in at the door.
2.2 Multiple Registrations. The representative of an Attendee may be permitted to register on behalf of more than one individual (whether another entity or individual, provided, that (a) such person effectuating such a registration has first obtained the required authorization to execute this Agreement on behalf of such person being registered, (b) person effectuating such a registration otherwise has the ability to agree to this Agreement on behalf of such person, and (c) a different email address is utilized for each individual registering. You hereby certify, warrant, and represent to us that by registering on behalf of any Attendee, you have been completely authorized to act on behalf of such Attendee, and to enter into this Agreement on behalf of such Attendee, and in addition that you shall be held jointly liable with such Attendee for any type of breach of this Agreement.
2.3 Accurate Information. You agree to provide us with complete, accurate, and current information during the registration process and shall promptly reply to any written requests (including any by email) by us, and you shall promptly update all such information provided to us if and as soon as such information changes or becomes available.
2.4 Revocation or Disabling of Registration. You hereby agree that we have the full right to cancel your registration to an Event and/or access to your Account for any reason and at any time as may determined by us in our sole discretion, including without limitation if we believe that you have violated this Agreement in any way. Should we decide to disable access to your Account, you may be prevented from accessing certain pages of the Website, and/or your Account details and/or certain files or other materials or any other type of information, all of which may be deleted by us for any reason at any time.
2.5 No Transfer. Your registration and/or admission ticket to an Event and/or your right to use the Website through your Account is not transferrable to any other person or entity. It is forbidden to transfer and you are also prohibited from transferring any QR codes, scannable tickets, badges, passes, wristbands, or any other credentials utilized to gain admittance to an Event.
3. Private Lender Expo®.
3.1 About the Events. The Private Lender Expo® Events are business networking and trade show events which bring together private lenders, hard money lenders, private investors and commercial real estate professionals. The Events feature a wide variety of exciting, insightful and informative business industry related panel discussions, conferences, workshops, classes and networking events. Aside from premium paid credentials or other premium status options provided by us, Attendees shall generally be eligible to participate in a majority of activities offered at the Events on a first-come, first served basis, with limited availability at any given time.
3.2 Dress Code. The dress code for Private Lender Expo® Events is business casual.
3.3 SMS & MMS Text Messages; Email Blasts; Robo Calls; Mail; Other Contacts. You hereby agree that by submitting your personally identifiable information (“PII”) that you fully consent to receive communications from us via automated technology about us, our exhibitors, sponsors, advertisers about this Event and/or future Events, including without limitation by means of email blasts, email campaigns, and otherwise by postal mail, SMS Text messages , telephone calls utilizing any type of automatic or electronic telephone dialing system(s) artificial voice(s), pre-recorded call(s), pre-recorded voice(s)and/or (in each case to your home, mobile and/or office phone numbers), regardless if your telephone number is listed or registered on any of type Federal, State, City, National do not call registry and/or list of any kind. You hereby agree that by submitting your PII to us that you fully authorize us or third parties to whom we may have transferred your PII, or who may have collected your PII at an Event, to contact you for marketing, advertising, reminders and other commercial purposes prior, during or after the Event, including without limitation by means of email blasts, email campaigns and otherwise by postal mail, SMS text messages, telephone calls, utilizing any type of automatic or electronic telephone dialing system(s), pre-recorded call(s), and/or pre-recorded voice(s) artificial voice(s), (in each case to your home, mobile and/or office phone numbers), regardless if your telephone number is listed or registered on any of type of Federal, State, City, National do not call registry and/or list of any kind. Without limiting the foregoing, you hereby understand agree and acknowledge that (a) we may transfer or otherwise sell our contact list to certain third parties and/or entities, and that such third parties and/or entities may contact you to solicit your business or otherwise, including without limitation by means of email blasts and otherwise by postal mail, text messages, telephone calls or via any automatic and/or electronic telephone dialing system(s), pre-recorded call(s), and/or pre-recorded voice(s) artificial voice(s), (in each case to your mobile, home and/or office phone numbers), regardless if your telephone number are listed or registered on any of type Federal, State, City, National do not call registry and/or list of any kind. (b) After any such transfer has been processed by us to any such third party or entity, we have no control over such information from that point and if you wish for such third parties to stop contacting you then your only option is that you shall contact each such third party directly in order to request that your PII be removed by them from any such third party lists. You hereby agree, acknowledge and understand that by submitting your PII to us, you are providing us and certain third parties or entities prior express written consent to receive automated and or text messages and calls, utilizing any type of automatic or electronic telephone dialing system(s), pre-recorded call(s), and/or pre-recorded voice(s)artificial voice(s), regardless of whether your telephone number is listed any type of Federal, State, City, National do not call registry and/or list of any kind. You may choose to opt out at any time by email by writing to us at the address listed in Section 22. You may also choose to opt out of any further SMS text messages by replying to any text message from us with the word “Stop.” Any opt out request correspondence submitted to us by mail or email must include your email address(es) telephone number(s). You hereby acknowledge, agree and understand that purchase is not a condition of your consent, and that our Events always have a free ticket option available to attend any of our Events for a limited time only.
3.4 Recording of the Event; Grant of Rights to Use Name, Likeness and Image. We will be videotaping, photographing, and otherwise recording the Events and utilizing such resulting footage for promotional and marketing purposes. Each Attendees hereby acknowledges agrees and understands that such Attendee hereby grants Event Operators the exclusive, worldwide, perpetual, irrevocable, royalty free right and permission to utilize , reproduce display, broadcast, digitize exhibit, publish, distribute, and otherwise use such Attendee’s name, likeness, image, voice and biography (or any type of copyrighted material or trademarks that may be owned and displayed by such Attendee) in any media or manner whatsoever (whether now known or hereafter known) including without limitation for the purposes of trade advertising or advertising in promoting, marketing and publicizing the Event, Event Operators LLC and/or our products and services, whether derived appearing in from such footage, or whether provided to us from you or any third party and/or entity.
3.5 Event Traffic. In some instances the line to enter the venue of an event may be quite long. You may expedite your admittance to an Event by registering through the Website prior to such Event, however please take note that by doing so does not ensure or guarantee that you will be admitted to such Event quickly or in a timely manner. We make a sincere effort to make admission to our Events a smooth and flawless process for everyone, however as the number of Attendees customarily is quite large, sometimes under various circumstances only a certain number of people may be processed for admission to an Event venue at one time, you may experience a significant amount of time before being admitted to such Event venue.
3.6 Badges. Attendees are provided with the opportunity to obtain free admission tickets to our events for a limited time. However, Attendees may also purchase certain “premium” options from us which enable such Attendees to experience additional features, benefits, or specialized access at an Event, such as reserved seating for conference sessions, on stage presentations, priority seating as well as additional premium features that may become available for purchase.
3.7 Lead Scanner App; Scanning PII. When circumstances allow, Event Operators LLC may offer a unique option for Attendees to rent a bar code QR scanner at an Event. Such Lead Scanner App (the “App”) makes it possible to collect valuable contact information from each individual that you may meet at an Event. The App may be available on iPhone and Android. Via the app certain parts of PII and other information provided by Attendees at registration for an Event (for example; First Name, Last Name, Email, Phone , Company/Organization Name ,Job Title, Industry, and mailing address) will be available and viewable to other Event exhibitors (“Exhibitors”) and Attendees during such Events and thereafter. For security reasons an Attendee’s confidential credit card information shall never be part of the PII provided to other Attendees and Exhibitors by us. To further clarify the App enables an Attendee to scan the QR code found on another Attendee’s registration badge at such Event. After the QR Code is scanned, such person’s contact information that was provided to us when such person registered for the Event will be uploaded to and otherwise accessible and/or viewable from your device via the App. It is possible to then designate such lead as “Hot”, “Warm” or “Cold” for follow up at a future point in time. The App also provides the functionality for you to export all such scans into an Excel Spreadsheet that may be uploaded to a wide variety of systems such as Email Marketing Systems and/or Software, CRM, Software, Database management systems, and many other types of systems that manage data. Each and every Attendee agrees, acknowledges and understands that by providing us with your information at the time of registration, we as well as other Attendees and Exhibitors are completely free to utilize your information (excluding your credit card information) for any type -of commercial purpose, including without limitation for advertisements, promotions, marketing and for our, their or any type of third party services and products. Your use and your continued use of the scanners, and our APP assumes (and is also contingent upon) your responsible and legal use of such items and your legal treatment and security of all PII including all other information that may be obtained through the use and access of such items , including without limitation your strict adherence to any and all regulations, laws and rules that may be applicable to your utilizing such information (including without limitation the CAN-SPAM Act and the Telephone Consumer Protection Act), and neither Event Operators LLC nor any of the other Event Operators LLC Parties shall be responsible or held liable for any type of breach or any other type of violation by you or anyone that may be acting on your behalf of any such regulation, law or rule.
3.8 Networking Happy Hour. At certain Events Attendees may be offered a premium badge level (as may be indicated by us on an Event-by-Event basis) the unique opportunity to participate in our “Networking Happy Hour” activities and speaking opportunities on the day of each Event. Liquor may be offered at the VIP Bar for specific Attendees who are of legal drinking age and who are in possession of a premium badge level. For such individuals who have possession of such a premium badge, special VIP passes may be available which are designed to result in shorter and quicker lines at the bar. However, you hereby agree, acknowledge, agree and understand that for all participating Attendees (a) no refunds are provided for any type of unredeemed tickets or otherwise (b) there are no guarantee as to the number of drinks an Attendee shall receive(c) drinks are generally dispensed to Attendees on a first-come-first served basis. The venue management is exclusively responsible for serving beverages and has the absolute full authority and discretion to refuse to serve you or anyone else alcoholic beverages of any kind. You hereby agree to drink responsibly and you affirm never to drink and drive. You hereby acknowledge and agree to hold harmless, indemnify and defend Event Operators LLC and each of the other Event Operators LLC Parties, and the venue provider, venue management, and all of its personnel (including without limitation the beverage server or servers) from all of your acts and/or omissions that are related to your participation in any type of “Networking Happy Hour” or other alcoholic beverage activities that may occur in connection with any of the Events.
3.9 Email Blasts. Certain Attendees may have selected an option to have the ability to submit their logos, contact information, business descriptions for us to include in a pre-Event or post-Event email blast campaign. In order to ensure that such content be included in any such an email blast, such Attendees must make a sincere effort to meet such posted deadlines for inclusion, and if such a deadline is missed Event Operators LLC shall not be held liable in any way for any omitted or inaccurate submission and in addition Event Operators LLC shall not be obligated to provide such Attendee any type of refund and/or credit, discounts or any additional opportunities to participate in another email campaign blast.
3.10 Job Interviews. In the event job opportunities are offered at an Event, Attendees may be provided with options to register to participate in a variety of job interviews at such Event. Attendees acknowledge, agree and understand that Event Operators LLC merely and simply provides a forum for such activities to take place and that Event Operators LLC does not endorse in any way and in addition has absolutely no control whatsoever over the parties that may be conducting such interviews. That being said, Event Operators LLC is not responsible in any way for the hiring or management practices or otherwise for the omissions, acts of any such third party. In a scenario where interviews are offered at an Event, please take note that any such interviews may have a limited number of time slots available at any given time. That being said you are not guaranteed participation of any kind in or otherwise with regards to the availability of any such interview.
3.11 Business Entrepreneurial Panel. At some Events we may provide the option for certain Attendees to present their products or services to a selected panel of business professionals in various industries. Please take note that by pitching your services or products to such panels your suggestions and ideas shall become public and may be utilized by others without compensation to you. Event Operators LLC does not have any control or management with the selection process that may be utilized by any such panel and therefore has no liability whatsoever in connection with such a process. Attendees should also take note that any/all presentations are made public and Event Operators LLC is not and cannot be responsible or held liable for the divulging or release of any sensitive or proprietary information by Attendee or any other party.
3.12 Hotels. Event Operators LLC receives preferential and/or discounted rates for certain hotels it showcases on the Website, in connection with an Event or in other communications that may be sent to you. However, please take note that Event Operators LLC is not affiliated or associated in any with and in addition does not endorse any of these hotel options. Please be advised that Event Operators LLC may receive a commission from hotels it showcases on the Website or otherwise.
3.13 Recording of the Event; Image and Likeness, Grant of Rights to Use Name. Please take note that we will be videotaping, photographing, and otherwise recording the Events and utilizing the resulting footage for promotional and marketing purposes. Each Attendee hereby agrees and acknowledges that such Attendee hereby grants Event Operators LLC the perpetual, exclusive, irrevocable, worldwide, fully paid right, royalty free and and permission to use, reproduce, display, broadcast, digitize, exhibit, publish, distribute and otherwise use such Attendee’s name, likeness, image, voice and biography (or any type of trademarks, copyrighted material that is owned and displayed by such Attendee) in any media or manner whatsoever (whether now known or hereafter known) including without limitation for the purposes of trade or advertising or in connection with publicizing and promoting the Event, Event Operators LLC and/or our services and products, whether derived from or appearing in such footage, or whether provided to us from you or any third party.
3.12 No Solicitation by Attendees. Please take note that only Exhibitors or our sponsors are permitted to solicit Attendees regarding their services or products at an Event. That being said Attendees are not permitted to promote their services or products at or in connection with an Event. Please take note that violators shall be asked to promptly leave (and/or shall be escorted from) the Event premises and in addition may be prohibited from attending any future Events. We greatly appreciate your kind cooperation. If you wish to to promote any of your services or product at an Event, then you must become an Exhibitor.
3.13 Exhibitor or Other Third Party Expression or Speech. Please take note that each specific Event offers the opportunity for various Exhibitors and/or sponsors to present their services or products , and otherwise to directly communicate their opinions, thoughts and suggestions to Attendees. In addition, Attendees or other individuals may have communicated their opinions, thoughts and suggestions to other Attendees or other persons. Please take note that we do not in any way endorse or otherwise condone any statements made by, or the activities of, or services or products of, any Exhibitor, sponsor, other Attendee or any other individual, and you hereby agree and acknowledge that none of the Event Operators LLC Parties shall be held liable for any omission or act of an Exhibitor, sponsor, other Attendee or other person or entity at, or otherwise in connection with, any Event or otherwise at any time.
3.15 Education Center. Event Operators LLC may at various times provide, as part of the Website, a unique forum for learning including commentary and articles posted by us or third parties. All and any such Content is provided for informational and educational purposes only, and therefore should not be construed in any way as constituting financial, accounting, legal, tax, investment or business advice. Please take note that you should not act or refrain from acting on the basis of any content or information that may be obtained at any Event or that may be appearing on the Website without receiving appropriate financial, accounting, tax, legal, investment and business advice from an attorney, and any other licensed advisors in your State of activity, and regarding the particular circumstances and facts involving your business. Content posted on the Website may possibly contain errors, be outdated incomplete, outdated or inaccurate. Please take note that Event Operators LLC makes no warranty, express or implied, about the completeness, reliability, accuracy, or suitability of any type of Content or the content obtained from any other website to which we may provide a link or which links to the Website, and Event Operators LLC shall not be held liable for any such information. All links or other references to third parties are provided for the sake of convenience or interest only, and do not represent any endorsement by or affiliation or association with Event Operators LLC.
3.16 Sweepstakes. On occasion Event Operators LLC may decide to operate sweepstakes or contests an Event or otherwise. Your participation in any such sweepstakes or contest shall be subject to any official rules or any other type of governing agreement regulating participation in such a contest or sweepstakes which may be posted at an Event or otherwise on the Website in connection with such a contest or sweepstakes. Exhibitors may also operate their own contests or sweepstakes at an Event, and Event Operators LLC is not involved in any with with, held liable for, or responsible in any way for any such contest or sweepstakes.
3.17 Special Requests. Any and all special requests made by you, including without limitation a request that we provide you with vision impaired individuals, hearing-impaired interpreters or any other of type of handicap assistance for at an Event, or any similar such requests, must be delivered in writing to Event Operators LLC no less than thirty (60) days prior to such Event.
4. COMMERCIAL TRANSACTIONS.
4.1 Purchases. Various types of our products or services, including those targeted to Attendees, may be offered for sale by us via the Website, by phone or through our representatives, at an Event or otherwise by us. If you desire to purchase any types of these products or services, you may be asked by Event Operators LLC or an authorized third party on Event Operators LLC behalf to provide certain types of your PII, including without limitation, your complete name, address, telephone number, credit card information and email address. You shall provide Event Operators LLC and/or such third party with your complete, accurate, and current PII and other requested information at all times, and you shall comply with the terms and conditions of any additional agreement or contract that you may enter into which governs your purchase of any such type product or service. You shall be held responsible for all such charges incurred through your account, or otherwise that are made by you or on your behalf. Please take note that any fees that are indicated as the “PRICE” refer to what Event Operators LLC charges for a specific badge type option, whereas the fees indicated as the “FEE” refers to the registration processing fees that are charged by Eventbrite.
4.2 Payment. Your right to utilize any product or service that may be available for purchase through the Website, by phone, or via email at an Event or otherwise, is contingent upon your full payment of the applicable fees that are indicated for such purchase (collectively, the “Fees”). Each applicable portion of such Fees must be paid in full at the time of such purchase or otherwise as may be advised in writing by Event Operators LLC. You have the option to pay any portion of such fees via American Express, MasterCard, Visa, Discover credit cards. If you decide to select only our free admission ticket option for attending an Event, then you shall be registered as an Attendee for such Event free of charge and as such no fee shall be applied. Should any payment be made under your Account or otherwise by you or on your behalf and is unable to be charged to your credit card or if a specific charge is refunded for any reason, including without limitation by chargeback, then we hereby reserve the right to withhold delivery of any services and/or products requested in connection with such failed charge, chargeback or refund and/or to terminate or suspend your Account, and/or otherwise to stop performing or providing any of our obligations to you.
4.3 No Refunds; Waiver of Claims; All Sales are Final; Except for as may be expressly set forth in this Agreement, after an Attendee badge has been purchased, no refunds shall be provided. All sales are final. Under no circumstances shall any portion of the Fees paid by you be returned or refunded to you and/or applied as a credit for any future Event. Event Operators LLC has the full right to cancel your registration to an Event or Events (and, if during an Event, Event Operators LLC shall have the full the right to have you and/or your representatives promptly removed from such Event) at any time due to your breach (or any type of breach by any of your representatives) of any of the provisions set forth in this Agreement, as determined by Event Operators LLC in Event Operators LLC sole discretion. In a situation where your registration to an Event is so cancelled by Event Operators LLC or if you or your representatives or employees are so removed from any such Event, you shall not receive any type of refund of any Fees that are paid by you. Notwithstanding the foregoing, if, however in a scenario where Event Operators LLC cancels an Event that is not due to the omission or act of a third party, then Event Operators LLC shall provide you with a full refund of such fees applicable to any such cancellation, minus a registration processing charge of twenty percent (20%) of any such Fees. Please take not Event Operators LLC shall not be held liable for any delays, losses, damages, increased costs, or any other types of unfavorable conditions that may arise in connection with or related to any delay, cancellation, rescheduling of an Event, and you hereby irrevocably waive all types of claims arising therefrom.
4.4 Taxes. You shall be responsible for obtaining all permits, licenses, and approvals under local, state, city or federal laws which may be applicable to your purchase of any services and/or products from Event Operators LLC or any individual that may be acting on behalf of Event Operators LLC, or from any Exhibitor, and for obtaining all tax identification numbers and submitting payment for all license fees, taxes, and other charges that may become due to any governmental authority or any other individual in connection with or related to any such services and/or products.
5. NO AFFILIATION OR ENDORSEMENT; RELEASE. Event Operators LLC is not affiliated or associated with and does not endorse any Exhibitor or any of the services or products offered by any Exhibitor or advertised, marketed, promoted or otherwise referenced on the Website or at any Event by any Exhibitor or any other third party, and Event Operators LLC does not guarantee the effectiveness, validity, accurateness, or use of any such services or products. You hereby release Event Operators LLC and each of our members, Event Operators LLC, employees, officers, agents, representatives, directors, and other personnel (collectively, the “Event Operators LLC Parties ”) from any and all losses, damages, claims, demands (consequential and actual) and other liabilities, of every nature and kind, known and unknown, arising out of or in any type of way that is related to, directly or indirectly, your use of the Website and/or your attendance at any Event, including without limitation (a) any services or products provided or offered by an Exhibitor or any other individual related to or in connection with the Website or your participation in any Event, and(b) any omission or act of Event Operators LLC, an Exhibitor or any other individual related to or in connection with the Website or your participation in any Event, (c) any dispute that may be between you and an Exhibitor, or you and any other third party, related to or in connection with your use of the Website or your participation in any Event.
6. INTELLECTUAL PROPERTY.
6.1 Proprietary Rights. The Website contains various unique content that is protected by the trademark, copyright, and other laws of the United States and/or other jurisdictions. Please take note that ss between you and Event Operators LLC(a) all right, interest and title (including without limitation all trademark, copyright, patent, trade secret and all other intellectual property rights) in and to the Website (including without limitation all content that appears on the Website) is owned exclusively by Event Operators LLC, and (b) you shall have no rights in and to the Website other than for (as between you and us) the limited usage rights that are expressly described in this Agreement. Except for such information that is in the public domain or for which you may have been provided with express written permission by Event Operators LLC , no content may be modified, distributed, transmitted, posted, displayed, uploaded, reproduced, republished, sold, copied, publicly performed, utilized in any derivative works based thereon or otherwise utilized for any commercial or public purpose without the prior written authorization of Event Operators LLC and, where applicable, our licensors, except for as may be provided in Section 8 hereof.
6.2 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) is unique in that it gives recourse to copyright owners who believe that content appearing on the Internet may be infringing their rights under U.S. copyright law. If you are of the opinion that your work has been copied and posted on the website in such a way that constitutes copyright infringement, then you are advised to contact our copyright agent with the following information: (a) a detailed description of the copyrighted work that you claim has been infringed upon, (b) a detailed description of where the content you claim is infringing is located on the website,(c) a physical or an electronic signature of the copyright owner or of the individual authorized to act on behalf of the owner of the copyright interest, (d) your full name, e-mail address address, telephone number (e) a written notarized statement by you that you believe in good faith that the disputed use of such content is not authorized by the copyright owner, its agent, or the law, and (f) a notarized statement by you, made under penalty of perjury, that the information provided above in your notice is complete and accurate and that you are the copyright owner or authorized party to act on the copyright owner’s behalf. Any such notification by a copyright owner or an individual authorized to act on its behalf that fails to comply with the requirements outlined by the DMCA shall not be considered sufficient notice, and therefore shall not be deemed to confer upon actual knowledge of such circumstances or facts from which acts or infringing material or are evident and clear. Event Operators LLC copyright agent for notice of any such claims of copyright infringement be submitted via certified mail as follows:
Name: Event Operators LLC Trademark/Copyright Agent
Address: 456 Central Avenue Unit A
Cedarhurst, NY 11516
We strongly encourage you to consult with your legal advisor prior to filing a notice with Event Operators LLC copyright agent. Please take note that penalties may be issued for false claims under the DMCA. Event Operators LLC will, in appropriate circumstances and to the extent plausible according to the law or otherwise, terminate or suspend the Account of any Attendee that infringes the rights of copyright holders or owners.
6.3 Trademarks. All Trademarks displayed on the website are the property of their respective owners. Event Operators LLC is not affiliated with, or sponsored or endorsed by, or associated with any third party trademark owner whose Trademark appears on the Website (unless the contrary is expressly indicated), and in addition Event Operators LLC does not endorse or sponsor the owner of any such trademark. As utilized herein, the term “Trademarks” hereby means, collectively, all service names, commercial markings, scripts, button icons, page headers, page footers, logos, trade dress, graphics, displayed on the website and/or at an Event that may indicate a source of any services or products. Please take note that trademarks are protected by the trademark laws of the United States of America and other jurisdictions. That being said you may not distribute, modify, republish, reproduce, copy, utilize any Trademarks in any way whatsoever, including without limitation via means of the distribution of any type of content, without our prior written authorization or the consent of a trademark holder, third party as may be applicable. In no circumstance may any such trademarks be utilized in any manner whatsoever that may be likely to cause any type of confusion or that which may cause confusion, or in any manner that may derogatory, discredits, disparage Event Operators LLC and/or any Event.
8. LICENSE. You hereby agree not to display, modify, publish, distribute, reproduce, use, copy, create derivative works of, perform, broadcast, sell, retransmit, circulate, display or in any way exploit any content (including without limitation any type of copyrighted material, trademarks, content or other proprietary information), in part, or in whole no matter via e-mail or via any other methods, for any purpose whatsoever other than for your personal, non-commercial use, and in any manner whatsoever that does not disparage or have a derogatory effect on Event Operators LLC and/or any Event and that which clearly does not compete with us or any of the Events. Please take note that you may feel free to print copies of materials or content on the Website for your personal, non-commercial use only, provided that you (i) fully keep intact any and all Trademark, copyright, and any other proprietary notices appearing or displayed therein, and(ii) use such materials or content only in the manner permitted and outlined in this Agreement.
10. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU HEREBY EXPRESSLY AGREE, AND ACKNOWLEDGE TO EACH AND EVERY OF THE PROVISIONS SET FORTH IN THIS SECTIONS 10 AND IN SECTION 11:
10.1 YOUR SOLE RISK. YOUR USE AND CONTINUED USE OF THE WEBSITE AND YOUR ATTENDANCE AND YOUR CONTINUED ATTENDENCE AT EACH EVENT IS AT YOUR SOLE RISK AT ALL TIMES. EACH EVENT AND THE WEBSITE IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”, BASIS. THAT BEING SAID NO INFORMATION OR ADVICE NO MATTER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM VIA THE WEBSITE AND/OR AT ANY EVENT SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. NONE OF THE EVENT OPERATORS LLC PARTIES ASSUMES ANY TYPE OF RESPONSIBILITY WHATSOEVER (OR SHALL BE LIABLE OR OTHERWISE RESPONSIBLE) FOR YOUR ATTENDANCE AT ANY EVENT AT ANY TIME OR FOR YOUR USE OR CONTINUED USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION ANY CONTENT, OTHER MATERIALS, SERVICES, PRODUCTS. THAT BEING SAID NONE OF THE EVENT OPERATORS LLC PARTIES MAKES ANY TYPE OF SUCCESS, PREDICTIONS, GUARANTEES, PROMISES, OR ANY TYPES OF CLAIMS AS TO EXPERTISE, INSIGHT, KNOWLEDGE, SPECIAL EXPERIENCE, IN CONNECTION WITH THE EVENT OR THE WEBSITE.
10.2 NO RELIANCE ON INTERACTIONS OR INFORMATION. WITHOUT LIMITING ANY OF THE FOREGOING, NO INFORMATION SHALL BE OBTAINED FROM EVENT OPERATORS LLC OR ANY THIRD PARTY AT ANY EVENT OR THROUGH THE WEBSITE NO MATTER PROVIDED IN WRITING OR ORALLY, SHALL CREATE ANY IMPLIED OR EXPRESS REPRESENTATION OR WARRANTY THAT (A) YOUR ATTENDANCE AND/OR CONTINUED ATTENDANCE AT ANY EVENT OR YOUR USE OR CONTINUED USE OF THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ANY TYPE OF ERRORS OR OMISSIONS, OR INACCURACIES (B) YOUR ATTENDANCE AT SUCH EVENT, YOUR USE OR CONTINUED OF THE WEBSITE OR OTHERWISE YOUR RELIANCE OR DEPENDENCY ON OR OTHER USE OF ANY SUCH TYPE OF INFORMATION WILL MEET YOUR SPECIFIC REQUIREMENTS OR OTHERWISE BE SUCCESSFUL IN ANY PARTICULAR WAY, (C) SUCH INFORMATION WILL BE CURRENT, COMPLETE, ACCURATE, RELIABLE, OR (D) DEFECTS IN THE MANAGEMENT OR OPERATION OF ANY EVENT OR THE FUNCTIONALITY OF ANY PORTION OF THE WEBSITE WILL BE CORRECTED, UPDATED, MODIFIED (E) ANY EVENT OPERATORS LLC PARTY IS IN ANY WAY HELD LIABLE FOR ANY TYPE OF DAMAGE OR LOSS WHATSOEVER THAT MAY INDIRECTLY OR DIRECTLY RESULT FROM OR BE RELATED TO YOUR ATTENDANCE AT ANY EVENT OR YOUR USE OR CONTINUED USE OF THE WEBSITE. SPECIFICALLY, SPEONSORS OR EXHIBITORS OR OTHER THIRD PARTIES WITH WHOM YOU MAY INTERACT THROUGH THE WEBSITE OR AT ANY EVENT (FOR EXAMPLE, PANEL DISCUSSIONS, INTERVIEWS, CLASSES, SEMINARS), DO SO EXCLUSIVELY ON THEIR OWN BEHALF. THAT BEING SAID NONE OF THE EVENT OPERATORS LLC PARTIES ARE OR SHALL BE RESPONSIBLE OR HELD LIABLE FOR ANY TYPE OF LIABILITY RELATED TO OR ARISING OUT OF YOUR INTERACTION WITH ANY SUCH THIRD PARTIES OR WITH ANY OTHER INDIVIDUAL WITH WHOM YOU MAY INTERACT EITHER AT THE EVENT OR THROUGH THE WEBSITE (OR OTHERWISE IN CONNECTION WITH ANY EVENT).
10.3 YOUR SOLE LIABILITY; RELEASE. NONE OF THE EVENT OPERATORS LLC PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY WHATSOEVER TO YOU OR ANY OTHER PERSON FOR ANY TYPE OF DAMAGE, LOSS OR NAY TYPE OF ADVERSE CONSEQUENCE ALLEGED TO HAVE TAKEN PLACE, HAPPENED OR WHICH HAS HAPPENED, INDIRECTLY, OR DIRECTLY THROUGH YOUR USE OR CONTINUED USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT (OR OTHERWISE IN CONNECTION WITH ANY EVENT). SPECIFICALLY, PLEASE BE ADVISED THAT EACH OF THE EVENT OPERATORS LLC PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR ANY PARTICULAR PURPOSE THAT MAY BE IN CONNECTION WITH YOUR USE OR OCNTINUED USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY SPECIFIC EVENT. PLEASE TAKE NOTE THAT AS BETWEEN YOU AND THE EVENT OPERATORS LLC PARTIES, YOU ARE HEREBY SOLELY RESPONSIBLE FOR ANY LOSSES, DAMAGES, LIABILITIES AND/OR NEGATIVE CONSEQUENCES THAT MAY RESULT FROM OR RELATED TO YOUR USE OR CONTINUED USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY SPECIFIC EVENT. IN ADDITION YOU HEREBY EXPRESSLY RELEASE EACH OF THE EVENT OPERATORS LLC PARTIES FROM ANY AND ALL CLAIMS RELATED TO OR ARISING OUT OF YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY SPECFIC EVENT.
11. LIMITATION OF LIABILITY.
11.1 DAMAGES AND LIMITED LIABILITY. UNDER NO CIRCUMSTANCE SHALL ANY OF THE EVENT OPERATORS LLC PARTIES BE HELF LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THE USE OR CONTINUED USE OF THE WEBSITE AND/OR ANY SPECIFIC EVENT, OR ANY SERVICES AND/OR PRODUCTS THAT MAY BE ACQUIRED THROUGH YOUR USE OR CONTINUED USE OF THE WEBSITE OR IN CONNECTION WITH ANY SPECIFIC EVENT, NO MATTER IF EVENT OPERATORS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
11.2 LIABILITY CAP. UNDER NO CIRCUMSTANCE EVENT SHALL THE EVENT OPERATORS LLCPARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY EVENT OR SITUATION ARISING OUT OF OR RELATED TO, INDIRECTLY OR DIRECTLY OUT OF YOUR USE OR OCNTINUED USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY SPECIFIC EVENT, INCLUDING WITHOUT LIMITATION YOUR INTERACTION WITH ANY SPONSOR, EXHIBITOR, EXCEED THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE SERVICES AND/OR GOODS OR PRODUCTS WHICH DIRECTLY GIVE RISE TO SUCH A CLAIM, IF APPLICABLE, OR (B) ONE THOUSAND DOLLARS ($1,000).
11.3 EXCEPTIONS. THE LIMITATIONS WITH REGARD TO THE LIABILITY OF ALL OF THE EVENT OPERATORS LLC PARTIES IN THIS SECTION 11 SHALL APPLY NO MATTER IF ANY OF THE EVENT OPERATORS LLC PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES, LIABILITY, OR DAMAGES THAT MAY ARISE IN CONNECTION WITH OR RELATED TO THE WEBSITE OR CONTINUED USE OF THE WEBSITE AND/OR ANY EVENT. PLEASE TAKE NOTE THAT CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DESCRIBED LIMITATIONS OUTLINED IN SECTION 10 ABOVE OR IN THIS SECTION 11 MAY NOT APPLY TO YOU.
12. INDEMNITY. Notwithstanding anything to the contrary outlined in this Agreement, you hereby acknowledge and agree to indemnify, defend and hold each of the Event Operators LLC Parties harmless from and against any and all claims, actions, demands, expenses, losses, damages (consequential and actual, indirect and direct) and liabilities of every kind and nature, and all related expenses, costs and fees thereof (including without limitation reasonable attorneys’ fees and disbursements), that may arise out of or related to (a) any breach by you (or any individual that may be acting on your behalf) of any warranty, representation, or covenant made by you (or obligation undertaken by you) in this Agreement or in any further agreement executed by you with Event Operators LLC (if applicable), (b) any act or any omission by you (or any person acting on your behalf), (c) your use or continued use of the website and/or your attendance at any specific Event, (d) your misconduct, negligence, behavior or(e) your violation of any regulation, law or rule. Should your indemnification obligations outlined under this Section 12 are invoked by any Event Operators LLC Party, then such Event Operators LLC Party shall endeavor to reasonably and promptly cooperate with you and shall at all times have the full right to participate in such Event Operators LLC Party’s defense with such Event Operators LLC Party’s own counsel at its own expense. You hereby agree that you shall not enter into any type of settlement that imposes any type of obligation or liability on any of the Event Operators LLC Parties or which may contain any type of acknowledgment or admission of wrongdoing (whether in a form of tort or otherwise) without each such Event Operators LLC Party’s prior written consent.
13. THIRD PARTIES. Your correspondence and/or participation, or business any type of business dealings with any third party found on or via the website or that which may result from any introduction or other type of contact made at any specific event, in general or specifically regarding the payment and/or the delivery of any such specific services and/or goods or products, and any other terms, conditions, warranties or representations that may be associated with any such type of dealings, are herby solely between you and such third party. You hereby acknowledge and agree that none of the Event Operators LLC Parties shall be held liable or otherwise responsible for any type of damage, loss, or any other type of matters of any sort that may be incurred as the result of or related to any such business dealings.
14. NO AGENCY. No partnership, joint venture, agency, employee-employer or franchiser-franchisee relationship is intended or created whatsoever between you and Event Operators LLC by this Agreement or otherwise.
16. NOTICES. All notices hereunder shall be provided via certified mail, postage prepaid and return receipt requested, to: Event Operators LLC 456 Central Avenue Unit A Suite 133 Cedarhurst, NY 11598 and to an Attendee at the address listed in such Attendee’s registrant profile (if an address is provided) and via electronic mail (if we have such an email address on file for such Attendee). Notice shall be deemed delivered three (3) days after the date of the mailing or upon receipt by email.
17. GOVERNING LAW; ARBITRATION; EQUITABLE RELIEF; NO CLASS CLAIMS; LEGAL FEES;
17.1 Governing Law. This Agreement shall be construed governed in accordance with the laws of the State of New York, and all claims arising out of or relating to your use and continued use of the Website, your attendance at any specific Event, any contacts between you and us, this Agreement and/or any other arrangement or understanding between you and Event Operators LLC or any of the other Event Operators LLC Parties, or the breach of any type thereof, no matter sounding in tort or contract, or otherwise, shall likewise be governed by the laws of the State of New York.
17.2 Arbitration; No Jury Trial; Legal Fees; No Class Claims. Any type of dispute in connection with you or any individual acting on your behalf (if applicable) which is related to or may arise from your use or continued use of the Website, your attendance at any specific event, this Agreement, and/or any other arrangement or understanding between you and Event Operators LLC or any of the other Event Operators LLC Parties, including without limitation regarding any type of breach of this Agreement, including any contacts between you and Event Operators LLC (including, but not limited to, email, SMS text messages, phone calls ), or any other such other type of arrangement or understanding (the “Potential Claims”), shall be finally resolved by binding arbitration and shall be administered by a private professional arbitrator and the commercial rules set forth by the American Arbitration Association, and judgment upon the award rendered by the arbitrator and may be entered in any court having such jurisdiction. You and Event Operators LLC are hereby expressly waiving any rights to a jury trial that are pertaining to the potential claims. Such arbitration shall be conducted in the City of New York, State of New York, by an arbitrator with applicable professional industry expertise in the field of event management services, who shall be named in accordance with such rules. The award of the arbitrator in such proceeding shall be final and binding upon you and Event Operators LLC, and in addition shall be accompanied by a detailed statement of the reasons upon which the award is based, and such statement as well as all other information regarding such arbitration proceedings including without limitation all materials and evidence that is submitted by you and Event Operators LLC and any decision rendered in such proceeding shall be deemed to be the confidential information of Event Operators LLC and shall not be made public by you or any individual or entity acting on your behalf or for your interest (and any submission that is made to any court as part of such a proceeding shall be made under seal). If the party initiating such a proceeding does not prevail concerning a material part of its claim, then the initiating party shall pay the responding party’s expenses, costs and fees, including but not limited to reasonable attorneys’ fees, and costs as well as the costs for any counter claim that may be asserted by the responding party. NO CLAIM OR ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION AND NO CLASS ARBITRATION PROCEEDINGS WHATSOEVER SHALL BE PERMITTED. Notwithstanding the foregoing, please take note that either you or Event Operators LLC may apply to the courts in the state of New York, City of New York for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and Event Operators LLC each agree to submit to the exclusive jurisdiction of such courts for such purpose. You and Event Operators LLC each hereby expressly waives any claim of improper venue, and any claim that such courts are an inconvenient forum.
17.3 Equitable Relief. You hereby acknowledge and agree that it would be inadequate and/or impossible to calculate and measure Event Operators LLC damages from any breach regarding certain of the warranties, covenants or representations, made, or obligations that may have been undertaken, by you in this Agreement. That being said, you hereby agree that Event Operators LLC shall have the full right to obtain an immediate injunction enjoining any type of breach or threatened breach of any your obligations outlined in this Agreement which Event Operators LLC in its sole discretion believes that it shall cause damage to any of the Event Operators LLC Parties, without having to post any type of bond or other security, and to specific performance of any such provision outlined in this Agreement. –The remedies of Event Operators LLC in connection with this Section 17.3 shall hereby be in addition to, and not in limitation of, any other remedies to which Event Operators LLC may be entitled under this Agreement or otherwise in equity or at law. In a situation where Event Operators LLC prevails in any such proceeding, then Event Operators LLCs hall have the full right to recover from you the expenses, costs and fees thereof, including without limitation for reasonable attorneys’ fees. For the purpose of this Section 17.3, you hereby agree to the personal and exclusive jurisdiction by, and venue of any federal or state court sitting in the State of New York City of N.Y for Event Operators LLC pursuit of such relief, without the breach of the above arbitration provision, and you and Event Operators LLC hereby submit to the exclusive jurisdiction of such courts for such purpose, and to receive service of process via certified mail or by other means that is sanctioned by law, and you hereby expressly waive any claim of improper venue, and any claim that such courts are an inconvenient forum.
18. TIMELY FILING OF CLAIMS;. YOU AGREE THAT REGARDLESS OF ANY LAW OR STATUTE TO THE CONTRARY, ANY CAUSE OR CLAIM OF ACTION RELATED TO OR ARISING OUT OF YOUR USE OF THE WEBSITE OR ATTENDANCE AT ANY SPECIFIC EVENT, OR ANY CONTACTS BETWEEN EVENT OPERATORS LLC AND YOU (INCLUDING, WITHOUT LIMITATION TO, EMAILS, PHONE CALLS SMS TEXT MESSAGES) OR OTHERWISE, THIS AGREEMENT, MUST BE FILED BY YOU PURSUANT TO SECTION 17.2 ABOVE WITHIN ONE (1) YEAR AFTER ANY SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
19. ASSIGNMENT. You hereby acknowledge and agree that you shall not assign, sell, or otherwise transfer any of your obligations or rights under this Agreement, without Event Operators LLC prior written authorization (to be provided or denied in our sole discretion). Please take note that this Agreement may be automatically assigned for any reason and at any time by Event Operators LLC, in our sole discretion, to a third party, and that any such assignment shall inure to the benefit of such third party or otherwise to our successors, assigns and/or licensees. Without limitation of the foregoing, we reserve the full and complete right to transfer or sell, or otherwise share some or all of our assets, including without limitation your PII, with any subsidiary, parent company, joint venture, or any company or other entity under our common control, as well as with a potential acquirer, in connection with any type of reorganization, merger, restructure, or sale of assets, or in the event of bankruptcy. In each such an event, all the PII we have collected from you may be one of the assets so transferred.
20. COVID WAIVER. You hereby acknowledge that there is no way for us to fully protect you against exposure and/or infections of Coronavirus/COVID-19 including each of its known and future strains (collectively, “COVID”) related to your participation at one of our Events. By attending an Event, you herby affirm that you are not infected with COVID, and that you have fully complied with and and all current CDC guidelines recommended of such persons who attend public events, and that you hereby fully release us from all liability related to any COVID or pandemic related claim.
21. WAIVER; VALIDITY. If any one or more of the provisions outlined in this Agreement shall, for any reason, be held to be invalid, unenforceable, or illegal in any respect, then such illegality, invalidity, or unenforceability shall not affect any of the other provisions of this Agreement, which shall remain in full force and effect, and this Agreement shall be construed as if such illegal, invalid, or unenforceable provision had never been contained herein. However, if any one or more of the provisions contained in this Agreement shall for any reason be determined to be excessively broad as to duration, activity, subject, or geographical scope then it shall be construed by limiting and reducing it in such a way, so as to be enforceable to the extent compatible with applicable law as it shall then appear. The failure on our part to act with respect to a breach by you or others does not waive our right to act with respect to a similar or subsequent breach or subsequent or similar breaches. In a scenario where Event Operators LLC does not enforce or exercise any remedy or legal right which is outlined in this Agreement (or which Event Operators LLC has the benefit of enforcing or exercising under any applicable law), such non-enforcement or non-exercise shall not be taken to be a formal waiver of Event Operators LLC remedies or rights , and all such remedies or rights shall still be available to Event Operators LLC.
22. GENERAL. Please be advised that section headings are for reference purposes only and in no way limit, define, describe or construe the extent or scope of any such section. This Agreement and any additional applicable agreement between you and us hereby sets forth the entire agreement and understanding between us with respect to all the subject matter hereof. The provisions of this Agreement shall survive the expiration or termination to the extent that may be necessary to carry out the intentions of you and us.
23. CONTACT US. Should you have any concerns or questions regarding the Website or any of our Events, please feel free to contact us by e-mail: email@example.com or via regular mail at Event Operators LLC 456 Central Ave Unit A Suite 133 Cedarhurst, NY 11516.