Terms and Conditions

TERMS AND CONDITIONS (NETWORKER)

 

  1. General Matters. The terms of the online form, event registration form or other agreement to which these Terms and Conditions are attached and these Terms and Conditions constitute the “Agreement.” Mobile Motion, LLC (“Organizer”) owns, manages and produces the MMS Modern Marketing Summit (“Event”), which is currently scheduled to be held on [April 17, 2018] (“Event Date”) at [_ marketing.us@comexposium.com_], New York, New York (“Facility”). The Event Date and Facility are subject to change by Organizer in accordance with the terms set forth herein. Organizer makes no representation or warranty, express or implied, regarding the number of persons who will attend the Event or the suitability of the Event for you. Except with respect to warranties and representations expressly set forth herein, Organizer hereby disclaims any other representations and warranties, including implied representations and warranties, of any nature whatsoever.
  2. Observance of Laws and Regulations. You shall abide by and observe all laws, rules, regulations, codes and ordinances of any applicable government authority, all rules of the Facility and the rules and regulations of the Event provided to you by Organizer (now in effect or hereinafter promulgated).
  3. Conduct. You shall conduct yourself in a manner in accordance with customary standards of decency and good taste while attending the Event.
  4. Removal. Organizer reserves the right to remove you from the Event if you fail to comply with this Agreement or the applicable laws, rules and regulations of the Event.
  5. Photography, Videography. You are prohibited from taking any type of photograph, video, or other recording of the Event without Organizer’s written consent. Photography or videography by you of a third party exhibitor booth is not permitted without prior approval from such third party exhibiting company. Unauthorized use of photography or video equipment is subject to confiscation by Organizer. You acknowledge that the Event may be recorded and reproduced by Organizer in any form (including but not limited to digital formats) and hereby authorize Organizer and its designees to record, transcribe, modify, reproduce, publicly perform, display, distribute, redistribute, and transmit in any form and for any purpose any such recording of the Event. Organizer shall also have the right to take photographs and video recordings of you during, before and after the open hours of the Event and to use such photographs or video recordings for any legal purpose. You hereby consent to the use of your name, likeness, image, voice or photograph in connection with any such use. You hereby release Organizer and its designees from, and waive all claims you may have, now or in the future, in connection with such activities, and specifically waive any statutory restriction on waivers of future claims or moral rights. With respect to the waiver set forth in this Section 5, you waive all rights under Section 1542, California Civil Code, which provides as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

  1. Cancellation by Organizer. If for any reason beyond Organizer’s control (e.g. fire, casualty, flood, explosion, accident, inclement weather, governmental restraints, act of public enemy, riot or civil disturbance, impairment or lack of adequate transportation, inability to secure sufficient labor, technical or other personnel, municipal state or federal laws, or act of God), the Event, or any part thereof, is prevented from being held, or the Facility becomes unavailable, unfit for occupancy or substantially interfered with, Organizer may cancel the Event. Upon any such cancellation, Organizer’s sole liability to you with respect to such cancellation shall be to refund to you a prorated amount of the total fees paid by you to Organizer with respect to the Event, with such amount to be based on the portion of the Event not completed as of the time of such cancellation. In the event that Organizer shall cancel the Event for any reason other than for a reason beyond Organizer’s control, Organizer’s sole liability to you with respect to such cancellation shall be to refund to you the total fees paid by you to Organizer with respect to the Event. Organizer further reserves the right, in its sole discretion, to cancel this Agreement for convenience, immediately upon provision of written notice to you. In the event that Organizer cancels this Agreement pursuant to the immediately preceding sentence, Organizer’s sole liability to you with respect to such cancellation shall be to refund to you the total fees paid by you to Organizer with respect to the Event.
  2. Changes to Event. Organizer has the right to change the date of the Event, location of the Event, format of the Event, schedule of the Event, or name of the Event in its sole discretion. No refund will be due to you as a result of any such changes and the terms and conditions of this Agreement shall remain in full force and effect with respect to such new name, dates, format, schedule, or location as if originally set forth herein. With respect to any change in location, the new location at which the Event is to be held shall be deemed the Facility for purposes of this Agreement and all rules and regulations of such Facility shall be applicable to you.
  3. Cancellation. You shall provide written notice of cancellation of registration to [Organizer, Attention: Director of Sales], with evidence of receipt. The effective date of cancellation shall be the date of actual receipt of such notice by Organizer. If such notice is received on or prior to [__30__] days of the Event Date, then Organizer shall refund the total fees paid by you to Organizer with respect to the Event, less a [20%___] processing fee. If such notice is received less than [___10_] days prior to the Event Date, no portion of the fees paid by you to Organizer with respect to the Event will be refunded.
  4. Limitation of Liability. EXCEPT WITH RESPECT TO INTENTIONAL WRONGDOING OR WILLFUL MISCONDUCT BY ORGANIZER, IN NO EVENT SHALL ORGANIZER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, AFFILIATES AND ASSIGNEES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THEIR ACTS OR OMISSIONS, ANY BREACH OF THIS AGREEMENT, CANCELLATION OF THIS AGREEMENT BY ORGANIZER, OR CANCELLATION OF THE EVENT. EXCEPT WITH RESPECT TO INTENTIONAL WRONGDOING OR WILLFUL MISCONDUCT BY ORGANIZER, IN NO EVENT SHALL ORGANIZER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL FEES PAID TO ORGANIZER BY YOU PURSUANT TO THIS AGREEMENT.
  5. Indemnity. You shall indemnify, hold harmless, and defend the Organizer and its officers, directors, employees, agents, affiliates, successors and permitted assigns (each, an “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by any Indemnified Party (collectively, “Losses”), arising out of or resulting from (a) injury to the person, property, or business of any person in connection with your conduct, (b) any act, omission, negligence, fault, violation of law or ordinance, or misconduct of you, or any breach by you of this Agreement, or (c) your participation or presence at the Event and/or use of any of the Facility.
  6. Event Security; Property. The Facility is under no obligation to provide security for the Event, and any security provided by the Facility may be discontinued at any time. Whether or not such security is provided, you shall be solely responsible for the protection of your property. Organizer shall, in any event, have no obligation to provide security services and makes no representation or warranty whatsoever and disclaims all liability with respect to security of the premises or your property. You hereby release and shall hold Organizer harmless with respect to the same.
  7. Damage to Facility. You shall be solely liable for any damages caused by you to the Facility, or to the exhibitors’ property. You shall indemnify, defend, and hold harmless the Facility, its owners, affiliated companies, agents, servants and employees from any such losses, damages and claims.
  8. Rules and Regulations; Entire Agreement. Any and all matters pertaining to the Event and not specifically covered by the terms and conditions of this Agreement are subject to Organizer’s sole discretion. Organizer may adopt, amend, or revoke any established rules and regulations from time to time, on reasonable notice to you. Any such rules or regulations, including but not limited to those in any communication from Organizer to you, are hereby incorporated in this Agreement and have the same effect as if set forth herein. This Agreement, including but not limited to any additional rules or regulations adopted by Organizer, states the entire agreement between the parties and may not be amended without Organizer’s written consent.
  9. Severability. In case any one or more of the provisions contained in this Agreement shall, for any reason, be judicially determined to be invalid, illegal or unenforceable in any respect, (i) the remaining terms and provisions hereof shall be unimpaired and shall remain in full force and effect, and (ii) the invalid or unenforceable provision or term shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision, and, if the foregoing provision of this clause (ii) is not permitted pursuant to applicable law, then (iii) this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
  10. Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will be deemed to be one and the same agreement. Counterparts may be delivered via facsimile, electronic mail (including PDF or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method, and any counterpart so delivered will be deemed to have been duly and validly delivered and be valid and effective for all purposes.
  11. Governing Law; Jurisdiction. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, excluding those laws that direct the application of the laws of another jurisdiction. All actions or proceedings arising in connection with this Agreement shall be in the State and Federal courts located in Los Angeles County, California.  The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this Section 16.  Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or any other similar doctrine or to object to venue with respect to any proceeding brought in accordance with this Section 16.
  12. Interpretation. Organizer and you hereby waive the application of any applicable law or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document. All provisions of this Agreement shall be construed according to their fair meaning and not strictly for or against any party, and no presumption or burden of proof will arise favoring or disfavoring any person or entity by virtue of its authorship of any provision of this Agreement.
  13. Term; Survival. Unless earlier terminated in accordance with the terms and provisions of this Agreement, the term of this Agreement shall commence on the date hereof and terminate 30 days following the Event. The provisions of Sections 1, 5 through 14, 16, 18, 19, and 20 shall survive the termination of this Agreement.
  14. Waiver. Any waiver of any term or condition shall not be construed as a waiver of any subsequent breach or a subsequent waiver of the same term or condition, or a waiver of any other term or condition of this Agreement. The failure or delay of any party to assert any of their rights hereunder shall not constitute a waiver of such.
  15. Fees and Expenses. If a party undertakes litigation against another party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys’ fees and expenses and court costs incurred.
  16. 21. If you fail to perform, meet or observe any term or condition set forth herein, you shall not be relieved of the obligation of paying any amounts otherwise due and owing under this Agreement and Organizer, at its discretion, may cancel this Agreement and your participation in the Event. Any such cancellation shall be without liability for return of any amounts paid by you under this Agreement or otherwise. Any such cancellation shall be without prejudice to Organizer’s right to recover any sums due under this Agreement or pursue any other claims Organizer may have against you.
  17. No Assignment. This Agreement may not be assigned by you (whether by operation of law or otherwise), without the prior written consent of Organizer.