Website Terms and Conditions
Last updated: April 9, 2017
By accessing or using the Service or Our Website, you accept and agree to be bound by these Terms and consent to the collection, use and storage of your information as outlined in the Privacy Policy.
If, at any time, you do not wish to accept these Terms, you may not access, link to, or use the Service. Any terms and conditions proposed by you which are in addition to, or which conflict with, these Terms are expressly rejected by Organizers and shall be of no force or effect. Organizers may also revise other policies, codes or rules at any time, and the new versions will be available at the Website. No amendment to the Terms or Privacy Policy shall apply to any dispute of which Organizers had actual notice before the date of the amendment.
These Terms may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
If at any point you do not agree to any portion of the then-current version of our Terms, the Organizers Privacy Policy, or any other Organizers policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service.
To the extent these Terms or the Privacy Policy conflict with any other Organizers terms, policy, rules or codes of conduct, the terms contained in these Terms and in the Privacy Policy shall govern.
Organizers reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service, or a part thereof, will be automatically terminated or suspended. In such event, Organizers shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Any information or data that We make available as part of the Service are provided exclusively for the purposes set forth above.
You must provide all equipment and software necessary to connect to the Service. You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Service.
2.4.3 Collection and Publication of Personal Information. You agree that you will not, under any circumstances:
a. Solicit, or attempt to solicit, personal information from other users of the Service;
b. Collect, harvest or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents or financial information through the Service; or
c. Upload or transmit, or attempt to upload or transmit, without the Organizers’ express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").
d. Transmit unauthorized communications through the Service, including junk mail, chain letters, spam or any materials that promote malware, spyware or downloadable items.
2.4.4. Unauthorized Use or Connection to the Service. You agree that you will not, under any circumstances:
a. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
b. Use any unauthorized third party software that accesses, intercepts, "mines" or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service. The Organizers may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
c. Intercept, examine or otherwise observe any proprietary communications protocol used by a user, a Server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
d. Make any automated use of the system, or take any action that imposes or may impose (in Our sole discretion) an unreasonable or disproportionately large load on Our infrastructure;
e. Bypass any robot exclusion headers or other measures We employ to restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service, or harvest or manipulate data;
f. Use, facilitate, create or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service; or (2) any connection using programs, tools or software not expressly approved by the Organizers in writing;
g. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by the Organizers; or
h. Copy, modify or distribute rights or content from any of the Organizers’ website, or the Organizers’ copyrights or trademarks or use any method to copy or distribute the content of the Service, except as specifically allowed in these Terms.
If We believe you have violated any of these prohibitions, We may immediately terminate your access to the Service, with or without notice to you.
It is Organizers' policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Organizers reserve the right to terminate without notice any user's access to the Service if Organizers determines, in its sole discretion, that such user is a “repeat infringer.”
WITHOUT LIMITING THE FOREGOING, NEITHER ORGANIZERS NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “ORGANIZERS PARTIES”) REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ARE FULLY RESPONSIBLE FOR ALL ACTS, RESULTS, OCCURANCES, DECISIONS AND/OR LACK THEREOF ARISING FROM YOUR DECISION TO REGISTER AND ATTEND THE CONFERENCE WHETHER AS A PARTICIPANT OR AN EXHIBITOR.
THE LIMITATIONS IN THIS SECTION 5 APPLY WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE ORGANIZERS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ORGANIZERS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES (WEBSITES AND/OR PHYSICAL LOCATIONS), AND THAT THE RISK OF THE SERVICE, ATTENDANCE AT THE PAN AMERICAN CONFERENCE AND ANY EXTERNAL SITES (WEBSITES AND/OR PHYSICAL LOCATIONS) AND OF INJURY FROM RELATED TO, OR IN CONNECTION WITH ANY OF THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE ORGANIZERS PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR MORE THAN THE AMOUNT YOU HAVE PAID ORGANIZERS IN CONNECTION WITH THE SERVICE WITHIN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ORGANIZERS ANY AMOUNTS IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ORGANIZERS IS TO STOP USING THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN ADDITION, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WITH MULTIPLE PROCESSING OF COMPLEX DATA AND RELIANCE UPON INFORMATION ACQUIRED FROM MULTIPLE SOURCES ERRORS AND OMISSIONS CAN AND DO OCCUR DESPITE COMMERCIALLY REASONABLE EFFORTS TO AVOID THEM. NEITHER ORGANIZERS NOR ITS THIRD PARTY DATA PRVOIDERS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGES RESULTING TO YOU OR TO ANY THIRD PARTY FROM ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION CONTAINED ON WEBSITE.
THE LIMITATIONS SET FORTH IN THIS SECTION 9 SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree that the provisions in this Subsection 5.2 will survive any termination of your use of the Service.
You agree that the provisions in this Subsection 5.3 will survive any termination of your use of the Service.
You and Organizers agree that if any portion of these Terms or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.
Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers or other acts or omissions by Organizers shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Organizers.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 5.2 (if any).
8. DISPUTE RESOLUTION
8.1 General. If a dispute arises between you and the Organizers, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and the Organizers agree that We will resolve any claim or controversy at law or equity that arises out of these Terms or the Service (a "Claim") in accordance with one of the subsections below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution. We may consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
8.2 Law and Forum for Legal Disputes. These Terms and any dispute arising out of or related to them or the Service shall be governed in all respects by the laws of the Commonwealth of Kentucky as they apply to agreements entered into and to be performed entirely within the Commonwealth of Kentucky between Kentucky residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against the Organizers must be resolved exclusively by a state or federal court located in the Commonwealth of Kentucky, County of Fayette, City of Lexington, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Kentucky, County of Fayette, City of Lexington for the purpose of litigating all such claims or disputes. We and you both hereby waive our rights to trial by jury.
The Service is operated out of the United States of America. We do not represent the content or materials present in the Service are appropriate for use in other locations. If you access the Service from a jurisdiction outside of the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws where you reside or where you access the Service, if and to the extent that such laws are applicable to your use of the Service.
8.3 Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, such person shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
8.4 Improperly Filed Claims. All claims you bring against the Organizers must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should you file a claim contrary to Section 8.2, the Organizers shall be entitled to recover attorneys' fees and costs up to $1000, provided that the Organizers has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
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