Terms & Conditions
General Website User and Attendee Terms & Conditions
GENERAL WEBSITE USER AND ATTENDEE TERMS & CONDITIONS
Last Updated: December 21, 2019
Welcome to (the “Website”), operated by Ekn links LLC, a Florida limited liability company (“Manager”, “we”, “our”, or “us”). The Website enables anonymous visitors to the Website (“Visitors”) to learn more about us and our Forward Motion Business Conference and Workshop events (each, an “Event’) and collectively, the “Events”), and Visitors who are at least eighteen (18) years of age and not a minor in their state of residence, and who affirmatively indicate their agreement to abide by these Terms & Conditions (this “Agreement”) by means of a click-through consent, where made available, to register for an Event as participants (“Participants”) or submit information to us in order to become exhibitors (“Exhibitors”, and together with Participants, “Registrants”). The terms “you”, “your” and “yours” when used herein refers to either Registrants or Visitors or to both Registrants and Visitors collectively, as applicable from the context of the sentence, and in the case of doubt refers to both Registrants and Visitors. This Agreement sets forth the terms and conditions which govern your use of the Website. For clarity, each “Event” as defined herein refers collectively to, and includes, all events being promoted by Manager in connection with that particular Forward Motion Business Conference and Workshop conference, including all pre-conference and post-conference activities.
1. THIS AGREEMENT.
1.1 Acceptance. Please read this Agreement carefully before otherwise accessing the Website. In order to use the Website, you must first agree to this Agreement. By accessing any web page of the Website (other than this Agreement), Visitors indicate that they have read and agree to be bound by the terms and conditions set forth in this Agreement. Registrants indicate their agreement to this Agreement either as do Visitors or by means of a click-through consent or by signing electronically, where any such an option is made available by Manager, or otherwise upon commencing use of the Website. You also will be able to register for Events from other third-party sites (such as via Facebook) where such an option is provided by Manager. Furthermore, 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 a binding contract with Manager, or (b) you are a person barred from using the Website either (i) under the laws of the jurisdiction in which you reside or otherwise from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. If we ask Registrants to indicate their acknowledgement of this Agreement and their adherence to its provisions more than one time and in more than one manner, such repeated request and/or multiple execution of this Agreement is intended for the sake of good practice only and in no way derogates from the validity of any prior execution.
1.2 Modification. We reserve the right to modify this Agreement at any time. You agree to review this Agreement periodically to be aware of all such modifications. You further agree that your continued use of the Website after a modified version of this Agreement has been posted to the Website shall be deemed to be your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement. If you do not agree to abide by the initial version and each 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 Events online using the service provided by our third-party registration provider Eventbrite, Inc. (“EventBrite”), on the ForwardMotion2020.com website, or on site at the respective venue on the day of an Event. However, please note that all registrations for an Event are space permitting, on a first-come first-served basis. If you register online, each Attendee will receive a user ID and password (“Registrant Profile”) to access such Attendee’s registration account (“Account”). Attendees agree not to allow any third party to use their Registrant Profile to access the Website and to safeguard the information that would allow another person or entity to access the Website by using their Registrant Profile. Attendees shall be responsible for their failure to safeguard such information and/or to allow any other individual or entity to access or use the Website by using their Registrant Profile. No Registrant Profile or Account, or any portion thereof, may be sold or otherwise transferred by an Attendee. Attendees shall notify Manager in writing immediately of any unauthorized use of their Registrant Profile, Account or otherwise of the Website. Registrants and Visitors agree that Manager shall not be liable for any loss that results from the unauthorized use of any Registrant Profile or Account, either with or without Manager’s knowledge. You will need to check-in with us before each Event in our Registration Area. We will print your badge on-site and provide you with a lanyard/clip and badge holder. We do recommend that you print and bring with you to the Event your EventBrite confirmation with QR Code for quick and expedited check-in.
2.2 Multiple Registrations. An Attendees may register on behalf of more than one person, provided, that (a) the person effectuating such a registration has first secured the authorization required to execute this Agreement on behalf of the 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 used for each person registering.
2.3 Exhibitor Registration. Exhibitors can register for Events either by signing our Exhibitor Contract in hardcopy and sending that to us (by email, fax or regular mail), or by signing a DocuSign version of our Exhibitor Contract.
2.4 Accurate Information. You shall provide us with accurate, complete and current information during registration, and you shall update all such information provided to us if and as soon as such information changes.
2.5 Disabling or Revocation of Registration. We have the right to cancel your registration to an Event and/or access to your Account at any time, for any reason as determined by us in our sole discretion, including without limitation if we believe you have violated this Agreement. If we disable access to your Account, you may be prevented from accessing certain pages of the Website, your Account details and/or certain files or other materials, all of which may be deleted by us.
2.6 No Transfer. Your registration to an Event and/or your right to use the Website through your Account is not transferrable to any other person. It is forbidden to transfer badges, passes and any other credentials used for gaining admittance to an Event.
2.7 Event Traffic. Waiting lines to register for an Event or otherwise to enter an Event may be quite long. You can facilitate your admittance to an Event by registering through the Website prior to the Event, though doing so does not ensure that you will be admitted to the Event quickly. We work hard to make admittance to each Event a smooth process for everyone, but as the number of Registrants customarily is large and only a certain number of people can be processed and/or admitted to an Event at one time, you may to have to wait a significant amount of time before being admitted to an Event.
3. SMALL BUSINESS EXPO and NETWORKING
3.1 About the Events. The Events are business networking, workshops, general speeches and trade show events which bring together business professionals such as Business Owners, CEOs, Presidents, CMOs, CFOs, Entrepreneurs and other senior level management and other business professionals. The Events feature numerous exciting and insightful business industry related panel discussions, workshops, networking events and classes. Subject to any applicable fee or fees and perhaps other terms and conditions, Registrants will be eligible to participate in most activities offered at the Events on a first-come, first served basis, with limited availability.
3.2 Participants; Exhibitors. You may register for an Event by completing the registration process, as more fully described in Section 2 hereof. Exhibitors may register for an Event by completing the Exhibitor registration process which includes completing the Exhibitor Application and agreeing to the terms and conditions attached to the Exhibitor Application (the “Exhibitor T&C”). Exhibitors acknowledge and agree that by completing the Exhibitor Application, or by filling out the Exhibitor Application with one of Manager’s staff member on the phone, via email, and or by fax, they agree to be bound by the Exhibitor Agreement and the terms and conditions of the Exhibitor T&C.
3.3 Dress Code. The dress code for Events is business casual.
3.4 Directories and APP. Upon registering for an Event (either as a Participant or an Exhibitor),each Registrant may elect to be listed in certain of Manager’s online business industry directories or business and conference APP (which is hosted by wix.com), as such an option may be offered by Manager from time to time.
3.5 Business Conference App - Manager also may offer the option for Attendees to use a conference and website app an Event. Our App (the “App”) is an excellent way to collect valuable contact information from each person you meet at an Event. The App is available on Android & iPhone. Certain of the personally identifiable information (“PII”) and other information provided by Participants at registration will be available to other Participants and Exhibitors during the Events and thereafter; however, a Participant’s credit card information shall not be provided to other Participants and Exhibitors by us. Specifically, the App enables each Registrant to meet other Registrants. Once you download the app you can exchange contact information as you have provided to us when that person registered at the event (such as First Name, Last Name, Email Address, Phone #, Company Name, Job Title & Zip Code) which will be loaded to and otherwise accessible from your device via the App. Each Participant agrees that by providing us with your information at registration, we and other Registrants are free to use your information (other than your credit card number) in such a manner and otherwise as determined by us in our sole discretion. Your use of the App assumes (and is contingent upon) your responsible use of such items and your responsible treatment of all PII and other information obtained through the use of such items, including without limitation your adherence to all laws, regulations and rules applicable to your utilizing such information (including without limitation the CAN-SPAM Act), and neither Manager nor any of the other Manager Parties shall not be responsible for any violation of such obligation by you or anyone acting on your behalf.
3.6 Networking and Social Events. At certain Events we may offer Exhibitors and Registrants of a certain badge level the opportunity to participate in our networking and social activities on the day of each Event. For all attendees of this activity (a) food and non-alcoholic beverages are generally dispensed on a first-come-first served basis, and (b) there is no guarantee of food and non-alcoholic beverages a Registrant will receive, and no refunds for unredeemed tickets or otherwise will be issued.
3.7 Contacting You; Robo Calls/Email Blasts. You agree that by submitting your PII to us, you authorize us or third parties to whom we have transferred your PII or who collected your PII at an Event to contact you for advertising, marketing, reminders and other commercial purposes, including without limitation by means of robo calls, personal calls, mobile text messagess, mobile sms text messages or call to your mobile, home or office phone, email blasts and otherwise by post and/or postal mail. Further, some Attendees who have selected such an option shall have the ability to submit their logos and business descriptions & contact information that we will include in a post-Event email blast. In order to be included in such an email blast, such Attendees must meet the posted deadlines for inclusion, and if such a deadline is missed Manager shall not be liable in any way for the omitted submission and Manager shall not offer such Attendee any refund. Without limiting the foregoing, you acknowledge and agree that (a) we sell or otherwise transfer our contact list to certain third parties and such third parties may solicit you including without limitation by means of robo calls, personal calls, mobile text messages, mobile sms text messages or call to your mobile, home or office phone, email blasts, postal mailings, or by other means, and (b) once any such transfer has been made by us to any such third party, you shall contact each such third party directly in order to request that your PII be removed from any of such third party lists.
3.8 Job Interviews. If offered at an Event, Participants may register to participate in various job interviews at such Event. Participants acknowledge and agree that Manager merely provides a forum for such activities and Manager does not endorse and has no control over the parties conducting such interviews. If interviews are offered at an Event, such job interviews have a limited number of available slots and you are not guaranteed success or even participation in any such interview.
3.9 Business, Expert and Entrepreneurial Panel. At some Events we offer the ability for certain Participants to present their services or products, ask questions or get opinions to our selected panel of business insiders, speakers, presenters and others. You realize that by pitching your services or products, asking questions or soliciting any opinions to such a panel your ideas will become public and can be utilized by others. Manager has nothing to do with the selection process of any such panel and thus has no liability in connection with such an offering. Registrants should also keep in mind that all presentations are public and Manager is not and cannot be responsible for the divulging of any proprietary or other sensitive information by Registrant or any other party.
3.10 Hotels. Manager receives preferential rates for certain hotels it showcases on the Website or in other communications to you. However, Manager is not affiliated with and does not endorse any of these hotel options. Further, Manager may receive a commission from some of the hotels listed.
3.11 Recording of the Event; Grant of Rights to Use Name, Image and Likeness. We will be photographing, videotaping and otherwise recording the Events and using the resulting footage for promotional purposes. Each Registrants acknowledges and agrees that such Registrant hereby grants Manager the exclusive, perpetual, worldwide, irrevocable, royalty free right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, and otherwise use such Registrant’s name, image, likeness, voice and biography (or any copyrighted material or trademarks owned and displayed by such Registrant) in any manner or media whatsoever (whether now known or hereafter known) including without limitation for the purposes of advertising or trade in promoting and publicizing the Event, Manager and/or our products and services, whether appearing in or derived from such footage, or whether provided to us from you or any third party.
3.12 Exhibitor Speech or Expression. Each Event offers the opportunity for various types of Exhibitors to present their products and services, and otherwise to communicate their thoughts and opinions, to Participants. We do not endorse or otherwise condone the statements made by, or the activities of, or products or services of, any Exhibitor, and Participants acknowledge and agree that none of the Manager Parties shall be liable for any act or omission of an Exhibitor at, or otherwise in connection with, any Event.
3.14 Small Business Education Center, Workshops and Online Learning. Manager may provide, as part of the Website, a forum for learning about issues which affect small business owners, including articles and commentary posted by us or third parties, called the Small Business Education Center and which is viewable at: https://www.forwardmotion2020.com/forum-forward-motion-2020-business- (Forum) . All such Content (as hereinafter defined) is provided for educational and informational purposes only, and should not be construed as constituting legal, financial, business guidance, accounting, tax or business advice. You should not act or refrain from acting on the basis of any Content obtained at any Event or appearing on the Website (including without limitation Content provided as part of (Forum)) without receiving appropriate legal, financial, accounting, tax and business advice from an attorney and other licensed advisors in your State of activity regarding your particular facts and circumstances involved. Content posted on the Website (including without limitation in the (Forum) section) may contain errors, be incomplete, or be outdated. Manager makes no warranty, express or implied, about the accuracy, completeness, reliability or suitability of any Content or the content obtain from any other website to which we provide a link or which links to the Website, and Manager shall not be responsible for any such information. All links or other references to third parties are provided for the sake of interest or convenience only, and do not represent any end
3.15 Sweepstakes. Manager may operate sweepstakes or skills contests from time to time at an Event or otherwise. Your participation in any such sweepstakes or contest will be subject to any official rules or other governing agreement regulating participation in such an occurrence which is posted at an Event or otherwise on the Website in connection with such an occurrence. Exhibitors also may run their own sweepstakes or contests at an Event, and Manager is not involved with nor responsible in any way for any such occurrences.
3.16 Awards Program. Manager may offer A Small Business Awards program, which is designed to recognize and celebrate popular small and mid-sized business who have submitted entries to us. This program currently offers over twenty categories of recognition. Any business or entrepreneur who is eligible to use this Website is eligible to participate, and Manager is not obligated to review any entry and may not do so unless we are notified of abuse or any other violation of this Agreement. Without limiting any other provision of this Agreement and for clarity only, each person submitting an entry is fully responsible to ensure that all information provided is fully accurate, and Manager is not responsible whatsoever for any information provided to us in connection with or regarding this program. All award “winners” are selected by means of a selected panel vote (for that particular category), so keep in mind that entrants who have a wide following on social media or who have a large contact list are more likely to win than other businesses with less of a following or a smaller list. Each entry requires the payment of an associated fee and that the required information is received prior to the stated deadline.
4. COMMERCIAL TRANSACTIONS.
4.1 Purchases. Certain of our products or services, including those geared to Participants and Exhibitors, may be offered for sale by us through the Website, by phone by our representatives, at an Event or otherwise by us. In the event you wish to purchase any of these products or services, you will be asked by Manager or an authorized third party on Manager’s behalf to supply certain of your PII, including without limitation, your full name, address, telephone number and credit card information. You shall provide Manager and/or such third party with your accurate, complete and current PII and other information at all times, and you shall comply with the terms and conditions of any additional agreement that you may enter into which governs your purchase of any such product or service. You shall be responsible for all charges incurred through your Account, or otherwise made by you or on your behalf. The “PRICE” is what Forward Motion Business Conference and Workshop charges for that specific product and registration. The “FEE” is the Eventbrite Registration processing fee. Eventbrite is a 3rd Party Registration company that we may use to allow you to register for our events.
4.2 Payment. Your right to use any service or product that is available for purchase through the Website, by phone, at an Event or otherwise, is contingent upon your payment in full of the applicable fees indicated for such purchase (collectively, the “Fees”). Each applicable portion of the Fees must be paid in full at the time of purchase or otherwise as directed by Manager. You may pay any portion of the Fees by PayPal, Visa, MasterCard, Discover or American Express credit cards. If you select only our free admission option (when available) for an Event, then you will be registered as a Participant for the Event free of charge and no fee will be applied. If any payment made under your Account or otherwise by you or on your behalf cannot be charged to your credit card or if a charge is refunded for any reason, including without limitation by chargeback, we reserve the right to withhold delivery of the products and/or services requested and/or to suspend or terminate your Account, and/or to stop performing any of our obligations to you hereunder.
4.3 No Refunds; All Sales are Final; Waiver of Claims. Except for as expressly set forth in this Agreement, once a Participant badge or Exhibitor space has been purchased, there are no refunds provided. Rather, all sales are final. In no event will any portion of the Fees paid by you be returned to you and/or applied as a credit for any future Event. Manager has the right to cancel your registration to an Event or Events (and, if during an Event, Manager has the right to have you and/or your representatives removed from such Event) at any time due to your breach (or any a breach by any of your representatives) of any of the provisions of this Agreement, as determined by Manager in Manager’s sole discretion. If your registration to an Event is so cancelled by Manager or if you or your representatives are so removed from any such Event, you shall not receive any refund of any Fees paid by you. Notwithstanding the foregoing, if, however, products and/or services you have purchased cannot be provided to you due to the fault of Manager (including due to the cancellation of an Event by Manager which is not caused by the act or omission of a third party), Manager shall provide you with a full refund of the Fees applicable to such cancellation, minus a registration processing charge of twenty percent (20%) of such Fees. Manager shall not be responsible for any delays, damages, losses, increased costs, or other unfavorable conditions arising in connection with or related to any delay, rescheduling or cancellation of an Event, and you hereby irrevocably waive all claims arising therefrom.
4.4 No Solicitation by Participants. Only Exhibitors (or our sponsors) are permitted to solicit Registrants with product/services at an Event. Violators will be asked to leave. We thank you in advance for your cooperation. If you would like to sell your product/service at an Event, we encourage you to become an Exhibitor.
4.5 Taxes. You shall be responsible for obtaining all licenses, permits and approvals under local, state or federal law which are applicable to your purchase of any products and/or services from Manager or a person acting on behalf of Manager, or from any Exhibitor, and for obtaining all tax identification numbers and paying all taxes, license fees and other charges that become due to any governmental authority or any other person in connection with or related to such products and/or services.
5. NO ENDORSEMENT OR AFFILIATION; RELEASE. Manager is not affiliated with and does not endorse any Exhibitor, Speaker or Presenter or the products or services offered by any Exhibitor, Speaker or Presenter or advertised or otherwise referenced on the Website or at any Event by any Exhibitor, Speaker or Presenter or other third party, and Manager does not guarantee the accurateness, validity, effectiveness or use of any such products or services. You hereby release Manager and each of our members, manager, directors, officers, agents, representatives, employees and other personnel (collectively, the “Manager Parties”) from any and all claims, demands, damages (actual and consequential) and other liabilities, of every kind and nature, known and unknown, arising out of or in any way related to, directly or indirectly, with your use of the Website or your attendance at any Event, including without limitation (a) any act or omission of Manager, an Exhibitor or any other person in connection with the Website or your participation in any Event, (b) any products or services provided or offered by an Exhibitor or any other person in connection with the Website or you participation in any Event, and (c) any dispute between you and an Exhibitor, or you and any other third party, in connection with your use of the Website or participation in any Event.
6. SUBMITTED CONTENT; REVIEW OF SUBMITTED CONTENT; USAGE RESTRICTIONS.
6.1 Content and Submitted Content. The Website contains various text, comments, icons, images, messages, tags, links, photographs, audio, video and other content (collectively, “Content”). We also may offer Registrants the opportunity to post certain Content to the Website in connection with certain interactive Website features, including without limitation commenting on text and participating in discussion forums (“Submitted Content”). We encourage you to enjoy and contribute to these forums but at the same time ask that you be responsible Website community members who adhere to the applicable terms of this Agreement relating to Submitted Content (or other terms which may be posted from time to time), so that all participating Registrants and Visitors can have an equally enjoyable experience. To this end, you acknowledge and agree that (a) Manager has no obligation to use or respond to any Submitted Content; (b) the provision of Submitted Content by you in no way imposes any other obligation on Manager, whether of confidentiality, attribution, or otherwise, and Manager shall not be liable for any use or disclosure of any Submitted Content; (c) all Submitted Content submitted by you shall be accurate and shall not violate the copyright, trademark, patent, trade secret, right of publicity or any other intellectual property or other right of any third party; (d) you will not post any Submitted Content to the Website which contains Trademarks (as hereinafter defined) or other third party materials prohibited by this Agreement or otherwise by law, (e) you hereby waive any and all claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of or related to any alteration, distortion or other use of your name, image or likeness or that of any third party which is included in any Submitted Content by you (including without limitation your photograph or the photograph of a third party), (f) you will not post any Submitted Content to the Website that was previously published or which is otherwise unoriginal and which is subject to third party rights, (g) you shall pay for all royalties, fees and any other monies owed to any person by reason of any Submitted Content that you post to the Website, (h) Submitted Content may be subject to certain size and usage limitations, and you are responsible for adhering to such limitations, and (i) all Submitted Content shall adhere to the provisions of Section 6.3 hereof specifically and generally to all other applicable provisions of this Agreement.
6.2 Quality and Review of Submitted Content. Manager does not and shall not have any obligation to review Submitted Content. If Manager does review Submitted Content, we do so quickly and superficially only in order to review that such Submitted Content is not obviously inappropriate or offensive. Thus, we cannot and do not guarantee the accuracy, integrity or quality of any Submitted Content and we cannot and do not assure that any harmful, inaccurate, misleading, deceptive, offensive, inappropriate, threatening, defamatory, unlawful or otherwise objectionable Submitted Content will not appear on the Website. Notwithstanding the foregoing or anything to the contrary in this Agreement, Manager has the absolute right (but not the obligation) to pre-screen, review, flag, filter and monitor all Submitted Content in our sole discretion, and Manager reserves the right to alter, edit, refuse to post or remove any Submitted Content, in whole or in part, for any reason or for no reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and/or in order to protect ourselves, Registrants, Visitors, our service providers or any third party, all as determined by us in our sole discretion.
6.3 Usage Restrictions. You shall not (and you shall not permit anyone else) to copy, modify, create a derivative work of, reverse engineer, translate, adapt or decompile (or attempt to translate, adapt or decompile) any portion of the Website, or otherwise attempt to extract any software underlying the Website. You further agree not use the Website in any manner that:
(a) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
(b) interferes with or disrupts the Website, websites linked to the Website, or otherwise interferes with operations or services of the Website in any way, or acts illegally or maliciously against the business interests or reputation of Manager and/or any Event;
(c) infringes any copyright, trademark, trade secret, patent or other right of any party (including the promoting of an illegal or unauthorized copy of another person’s copyrighted work), or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
(d) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Manager in our sole discretion;
(e) causes us to lose (in whole or part) the services of our internet service provider(s) or other supplier(s);
(f) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(g) links to or uses materials or other content, directly or indirectly, to which you do not have a right to link or use, or deep-links to any portion of the Website without our express written consent;
(h) aggregates any Content (whether using links or other technical means or physical records associated with purchases made through the Website) with material from other sites or on a secondary website without our express written permission;
(i) incorrectly assert any relationship with us or any endorsement by us; or
(j) violates, or encourages others to violate, this Agreement or any other additional applicable agreements between you and us, or violates or encourages others to violate any applicable local, state, national, or international law, regulation or rule.
6.4 Grant of License to Submitted Content. By posting Submitted Content to the Website or by otherwise submitting Submitted Content to us (if applicable), you automatically grant, and you represent and warrant that you have the right to grant, to Manager regarding such Submitted Content, a non-exclusive, perpetual, irrevocable, sub-licensable (through multiple tiers), assignable, fully-paid, royalty free, and worldwide license to (a) use, copy, modify, adapt, publish, make, sell, and publicly display such Submitted Content, (b) derive revenue or other remuneration from such Submitted Content, communicate to the public such Submitted Content in any manner we desire, (c) distribute such Submitted Content (through multiple tiers), perform or display such Submitted Content (in whole or in part), and/or to create derivative works of or incorporate such Submitted Content in other works in any form, media, or technology now known or later developed, and (d) to grant and authorize sublicenses of the foregoing through multiple tiers of sub-licensees, including without limitation the right to exercise the copyright, right of publicity, and any other rights contained in or accompanying such Submitted Content for any purpose, including without limitation for purposes of advertising and publicity on the Website and elsewhere. Manager shall not be limited in any way in our use, commercial or otherwise, of any Submitted Content, and you hereby waive all moral rights in, or approval rights to, any Submitted Content the you post to the Website or otherwise provide to us. Further, we reserve the express right to incorporate any Submitted Content posted to the Website or otherwise conveyed by any Registrant to Manager into any further work, in any medium now or hereafter known, without prior consent or review, and without the need for attribution or payment of any royalty or fee whatsoever.
7. INTELLECTUAL PROPERTY.
7.1 Proprietary Rights. The Website contains various Content which is protected by the copyright, trademark and other laws of the United States and/or other jurisdictions. Other than for Submitted Content provided by you, as between you and Manager (a) all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Website (including without limitation all Content appearing on the Website) is owned exclusively by Manager, and (b) you have no rights in and to the Website other than for the limited usage rights expressly described in this Agreement. Except for that information which is in the public domain or for which you have been given express written permission by Manager, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of Manager and, where applicable, our licensors, except for as provided in Section 9 hereof.
7.2 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Manager actual knowledge of facts or circumstances from which infringing material or acts are evident. Manager’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: ekn links LLC, Forward Motion Business Conference and Workshop Copyright Agent
Address: 14359 Miramar Parkway Suite #260, Miramar, Florida 33027
We suggest that you consult your legal advisor before filing a notice with Manager’s copyright agent. You should note that there can be penalties for false claims under the DMCA. Manager will, in appropriate circumstances and to the extent plausible, terminate the Account of a Registrant who infringes the rights of copyright holders.
7.3 Trademarks. All Trademarks appearing on the Website are the property of their respective owners. Manager is not affiliated with, or sponsored or endorsed by, any other third party trademark owner whose Trademark appears on the Website (unless the opposite is expressly indicated), and Manager does not sponsor or endorse the owner of any such Trademark. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings and trade dress appearing on the Website which indicate a source of any products or services. Trademarks are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation the distribution of Content for advertising or publicity or otherwise, without our prior written consent or the consent of a third party Trademark holder, as applicable. In no event may any Trademarks be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Manager and/or any Event.
9. LICENSE. Other than for Submitted Content that you submit to us, you agree not to use, copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, retransmit, sell, publish, broadcast, circulate, display or in any way exploit any Content (including without limitation any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use, and in a manner which does not disparage Manager or any Event. Notwithstanding the foregoing, you may print copies of materials on the Website for your personal, non-commercial use only, provided that you must keep intact all copyright, Trademark, and other proprietary notices appearing therein and that you use such materials only in the manner permitted by this Agreement, and you are strictly prohibited from using any Content in any manner for any commercial purposes or otherwise in any manner which competes with or disparages Manager and/or any Event.
10. LINKS. The Website may provide links to other websites (collectively, “Linked Sites”). None of the Linked Sites are under the control of Manager and Manager is not responsible for (a) any of the content, advertising, services, products, or other materials on a Linked Site, (b) any changes or updates to a Linked Site or the availability of a Linked Site, (c) any form of transmission received from any Linked Site or the owners of a Linked Site whatsoever, or (d) and transaction you may execute using a Linked Site or otherwise any relationship you may have with a third party by means of any Linked Site. Manager is providing links to a Linked Site to you only as a convenience, and the inclusion of any link on the Website does not imply an endorsement by Manager of a Linked Site or any association with any of its operators or owners or an endorsement of Manager by the operator or owner of any Linked Site. Manager is not responsible or liable, directly or indirectly, in any manner for any damage or loss caused or alleged to be caused by, or in connection with or related to the use of or reliance on any content, advertising, services, products, or other materials on or available from any Linked Site. Your activity on any such websites shall be regulated by the policies and procedures of the operator or owner of such websites, and not the terms and conditions of this Agreement.
11. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE PROVISIONS SET FORTH IN SECTIONS 11.1 AND 11.2, AND IN SECTION 12, BELOW:
11.1 YOUR SOLE RISK; RELEASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND YOUR ATTENDANCE AT EACH EVENT IS AT YOUR SOLE RISK. THE WEBSITE AND EACH EVENT IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”. NONE OF THE MANAGER PARTIES ASSUMES ANY RESPONSIBILITY FOR YOUR ATTENDANCE AT ANY EVENT OR YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION ALL CONTENT, AND NONE OF THE MANAGER PARTIES MAKES ANY PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE. NO INFORMATION OBTAINED FROM MANAGER OR ANY THIRD PARTY THROUGH THE WEBSITE OR AT ANY EVENT, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT (A) YOUR ATTENDANCE AT SUCH EVENT, YOUR USE OF THE WEBSITE OR YOUR RELIANCE ON SUCH INFORMATION WILL MEET YOUR REQUIREMENTS OR OTHERWISE BE SUCCESSFUL, (B) YOUR ATTENDANCE AT SUCH EVENT OR YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR OMISSIONS, (C) THE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT, (D) DEFECTS IN THE OPERATION OF EACH EVENT OR THE FUNCTIONALITY OF ANY PORTION OF THE WEBSITE WILL BE CORRECTED OR UPDATED, AND ALL SUBMITTED CONTENT WILL NOT BE LOST OR DELETED, (E) DESCRIPTIONS OF PRODUCTS AND/OR SERVICES OFFERED BY US OR BY EXHIBITORS WILL BE ACCURATE, AND (F) ANY MANAGER PARTY IS IN ANY WAY LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM OR RELATED TO YOUR ATTENDANCE AT AN EVENT OR YOUR USE OF THE WEBSITE. SPECIFICALLY, EXHIBITORS OR OTHER THIRD PARTIES WITH WHOM YOU INTERACT THROUGH THE WEBSITE OR AT AN EVENT OR WHO, FOR EXAMPLE, TEACH CLASSES OR CONDUCT WORKSHOPS, INTERVIEWS, AUDITIONS OR OTHER ACTIVITIES, DO SO EXCLUSIVELY ON THEIR OWN BEHALF AND NONE OF THE MANAGER PARTIES ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF OR RELATED TO YOUR INTERACTION WITH ANY SUCH THIRD PARTIES OR WITH ANY OTHER PERSON WITH WHOM YOU INTERACT EITHER THROUGH THE WEBSITE OR AT ANY EVENT OR IN CONNECTION WITH ANY EVENT. NONE OF THE MANAGER PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. SPECIFICALLY, EACH OF THE MANAGER PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. YOU FURTHER HEREBY EXPRESSLY RELEASE EACH OF THE MANAGER PARTIES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY EVENT.
11.2 NO GUARANTEE. NONE OF THE MANAGER PARTIES (A) MAKES ANY GUARANTY OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF ANY CONTENT, (B) IS LIABLE FOR LOSSES OR DAMAGES ARISING FROM OR RELATED TO ANY CONTENT APPEARING ON THE WEBSITE OR ANY MATERIALS APPEARING AT AN EVENT OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE AND/OR ANY EVENT, AND (C) IS RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM OR RELATED TO THE USE OF ANY SUCH CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDING YOUR RELIANCE ON ANY OF THE FOREGOING. SPECIFICALLY, NONE OF THE MANAGER PARTIES ENDORSES OR IS RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF ANY OF THE EXHIBITORS OR OF ANY OTHER THIRD PARTIES DURING OR RELATED TO AN EVENT, INCLUDING WITHOUT LIMITATION ANY PANEL DISCUSSIONS, CLASSES, WORKSHOPS, INTERVIEWS, JUDGES, REVIEWS OR AUDITIONS, OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE AND/OR IN CONNECTION WITH ANY EVENT OR OTHERWISE. AS BETWEEN YOU AND THE MANAGER PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSSES, LIABILITIES OR NEGATIVE CONSEQUENCES RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THROUGH THE WEBSITE AND/OR AT ANY EVENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
12. LIMITATION OF LIABILITY.
12.1 LIMITED LIABILITY AND DAMAGES. IN NO EVENT SHALL ANY OF THE MANAGER PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR ANY EVENT, OR ANY PRODUCTS AND/OR SERVICES ACQUIRED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY EVENT, WHETHER OR NOT MANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 CAP ON LIABILITY. IN NO EVENT SHALL THE MANAGER PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT, INCLUDING WITHOUT LIMITATION YOUR INTERACTION WITH ANY EXHIBITOR, EXCEED THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH DIRECTLY GIVE RISE TO SUCH A CLAIM, IF APPLICABLE, OR (B) ONE THOUSAND DOLLARS ($1,000).
12.3 EXCEPTIONS. THE LIMITATIONS ON THE LIABILITY OF ALL OF THE MANAGER PARTIES IN THIS SECTION 12 SHALL APPLY WHETHER OR NOT ANY OF THE MANAGER PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LIABILITY, LOSSES OR DAMAGES ARISING IN CONNECTION WITH OR RELATED TO THE WEBSITE AND/OR ANY EVENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTION 11 ABOVE OR IN THIS SECTION 12 MAY NOT APPLY TO YOU.
13. INDEMNITY. Notwithstanding anything to the contrary in this Agreement, you hereby agree that you shall indemnify, defend and hold each of the Manager Parties harmless from and against any and all claims, demands, actions, losses, expenses, damages (actual and consequential, direct and indirect) and liabilities of every kind and nature, including without limitation reasonable attorneys’ fees and disbursements, arising out or related to (a) any breach by you (or any of your representatives) of any representation, warranty or covenant made by you in this Agreement or in any further agreement executed by you with Manager (if applicable), (b) any act or omission by you (or any one of your representatives) or the failure by you (or any of your representatives) to fulfil any of your obligations described in this Agreement, (c) your use of the Website and/or your attendance at any Event, or (d) your negligence or misconduct, or your violation of any law, regulation or rule. If your indemnification obligations under this Section 13 are invoked by any Manager Party, such Manager Party shall endeavour to reasonably cooperate with you and shall at all times have the right fully to participate in its defense with its own counsel at its own expense. You shall not enter into any settlement which imposes any liability or obligation on any of the Manager Parties or which contains any admission or acknowledgment of wrongdoing (whether in tort or otherwise) without each such Manager Party’s prior written consent.
14. THIRD PARTIES. Your participation, correspondence or business dealings with any third party found on or through the Website or resulting from any introduction or other contact made at any Event, in general or specifically regarding payment and delivery of specific goods and/or services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that none of the Manager Parties shall be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of or related to such dealings.
15. SPECIAL REQUESTS. Any and all special requests made by you, including without limitation a request that we provide you with hearing-impaired interpreters or assistance for sight impaired individuals at an Event, or any similar such requests, must be delivered in writing to Manager no less than sixty (60) days prior to such Event.
16. NO AGENCY. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Manager by this Agreement or otherwise.
18. NOTICES. All notices hereunder shall be provided by certified mail, postage prepaid and return receipt requested, to: Ekn links LLC, 555 8th Avenue, Suite 909, New York, NY 10018, and to a Registrant at the address listed in such Registrant’s registrant profile (if an address is provided) and by electronic mail (if we have such an email address for such Registrant). Notice shall be deemed given three (3) days after the date of the mailing.
19. GOVERNING LAW; ARBITRATION; LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF.
19.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and all Claims arising out of or relating to this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Florida.
19.2 Arbitration; Legal Fees; NO CLASS CLAIMS. Any dispute by you or any of your representatives (if applicable) arising out of or related to your use of the Website, your attendance at any Event, this Agreement, and/or any other understanding or arrangement between you and Manager or any of the other Manager Parties, including without limitation regarding any breach under this Agreement or any other such other understanding or arrangement, shall be finally resolved by binding arbitration administered by a private professional arbitrator and rules determined by the parties in writing, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the City of Fort Lauderdale, State of Florida, by an arbitrator with applicable industry expertise in the field of event management services, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and Manager, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and Manager and any decision rendered shall be deemed to be the confidential information of Manager and shall not be made public by you or any person acting on your behalf or for your interest (and any submission 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 regarding a material part of its claim, then the initiating party shall pay the responding party’s (notwithstanding any counter-claim asserted by the responding party) costs and expenses, including but not limited to reasonable attorneys’ fees and costs. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either party may apply to any federal or state court sitting in Broward County and State of Florida for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and Manager each submits to the exclusive jurisdiction of such courts for such purpose.
19.3 Equitable Relief. You agree that it would be impossible or inadequate to measure and calculate Manager’s damages from any breach of certain of the representations, warranties or covenants made, or obligations undertaken, by you in this Agreement. Accordingly, you agree that Manager shall have the right to obtain an immediate injunction enjoining any breach or threatened breach of any your obligations under this Agreement which Manager in its sole discretion believes will cause damage to any of the Manager Parties, without having to post a bond or other security, and to specific performance of any such provision of this Agreement. The remedies of Manager in connection with this Section 19.3 shall be in addition to, and not in limitation of, any other remedies to which Manager may be entitled under this Agreement or otherwise at law or in equity. If Manager prevails in any such proceeding, Manager shall have the right to recover from you the costs and expenses thereof, including without limitation for reasonable attorneys’ fees. For purpose of this Section 19.3, you agree to the personal and exclusive jurisdiction by and venue of any federal or state court sitting in Broward County and State of Florida for Manager’s pursuit of such relief, without breach of the above arbitration provision, and you and Manager submit to the exclusive jurisdiction of such courts for such purpose, and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
20. TIMELY FILING OF CLAIMS; WAIVER OF CLASS ACTION. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ATTENDANCE AT ANY EVENT, OR OTHERWISE THIS AGREEMENT, MUST BE FILED BY YOU PURSUANT TO SECTION 19 ABOVE WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN. FURTHERMORE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ARBITRATION OR ACTION OR SIMILAR PROCEDURE. ANY CLAIM ARISING OUT OF OR RELATED TO (A) THIS AGREEMENT, (B) YOUR USE OF THE WEBSITE OR YOUR ATTENDANCE AT ANY EVENT, AND/OR (C) YOUR USE OF ANY PRODUCTS AND/OR SERVICES OF OURS OR OF AN EXHIBITOR, MUST BE ASSERTED INDIVIDUALLY AND PURSUANT TO THE TIME LIMITATIONS RECITED ABOVE.
21. ASSIGNMENT. You shall not sell, assign or otherwise transfer any of your rights or obligations under this Agreement, without Manager’s prior written consent (to be provided or denied in our sole discretion). This Agreement may be automatically assigned by Manager, in our sole discretion, to a third party, and such an 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 may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent company, subsidiary, joint venture, or any company under our common control, as well as with a potential acquirer and/or any acquirer, including without limitation in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the PII we have collected from you may be one of the assets so transferred.
22. VALIDITY; WAIVER. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality 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 invalid, illegal or unenforceable provision had never been contained herein. If, moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law as it shall then appear. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or subsequent or similar breaches. If Manager does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Manager has the benefit of exercising or enforcing under any applicable law), such non-exercise or non-enforcement shall not be taken to be a formal waiver of Manager’s rights or remedies, and all such rights or remedies shall still be available to Manager.
23. GENERAL. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement and any additional applicable agreement between you and us set forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of you and us.
24. CONTACT US. If you have any questions or concerns regarding the Website or any of our Events, please contact us:
ekn links LLC, Forward Motion Business Conference and Workshop
Address: 14359 Miramar Parkway Suite #260, Miramar, Florida 33027