WWDVC REGISTRATION TERMS AND CONDITIONS

Last Updated: October 4, 2022

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

 

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS, INCLUDING THE PUBLICITY RIGHTS AND WAIVER LANGUAGE DESCRIBED BELOW AND AS SET FORTH IN FURTHER DETAIL IN SECTION 8.

 

THESE TERMS AND CONDITIONS (THE “TERMS”) INCLUDE PUBLICITY RIGHTS AND WAIVER LANGUAGE IN THE SECTION TITLED “PUBLICITY WAIVER AND RELEASE,” WHICH GOVERNS THE RIGHTS YOU GRANT TO DVA WITH RESPECT TO PHOTOGRAPHY AND VIDEO TAKEN AT OR IN CONNECTION WITH THE WWDVC CONFERENCE AND THE RIGHTS THAT DVA AND ITS SPONSORS MAY HAVE WITH RESPECT TO YOUR NAME, IMAGE, LIKENESS, AND OTHER PHOTOGRAPHED OR RECORDED ATTRIBUTES. BY PURCHASING A TICKET TO ATTEND THE WWDVC CONFERENCE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE PUBLICITY RIGHTS AND WAIVER TERMS. IF YOU DO NOT WANT TO AGREE TO THE PUBLICITY RIGHTS AND WAIVER LANGUAGE, YOU MUST NOT PURCHASE A TICKET TO AND MUST NOT PARTICIPATE IN THE WWDVC CONFERENCE.

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU: (a) DO NOT AGREE TO THESE TERMS; (b) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH DATAVAULTALLIANCE HOLDINGS, LLC; OR, (c) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

 

These Terms apply to the purchase and sale of products and services, including registration for the WWDVC Conference, through https://wwdvc.com/ (the “Website”). These Terms are subject to change by DataVaultAlliance Holdings, LLC (referred to as “DVA,” “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated” date referenced on the Website. You should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after the “Last Updated” date will constitute your acceptance of and agreement to such changes.

 

You should also carefully review our Privacy Policy before placing an order for products or services through this Website.

 

1. ORDER ACCEPTANCE AND CANCELLATION.

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

 

2. PRICES AND PAYMENT TERMS.

a. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

b. We may offer, from time to time, promotions or discounts on the Website that may affect pricing and that are governed by terms and conditions that may be separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. Any and all promotional or discount codes must be entered at the time of making a purchase through the EventBrite registration page and are subject to review by DVA. Promotional or discount codes are non-transferrable and, as such, any promotional or discount codes applied to a purchase may be denied if they are not applicable to the individual making the purchase.

i. Student/Educator Discounts. Student and educator discounts are subject to verification of your active student status at the college, university, or other institute of higher education that you attend or at which you are employed. To be eligible for a student or educator discount, you must be an active student or employee of a college, university, or other institute of higher education with current proof of enrollment or employment.

ii. Speaker Registration. Speakers at the WWDVC Conference are eligible to receive promotional discounts equal to 100% of the registration fee. Speakers will be provided with the applicable promotional code, which is personal to the speaker, after the speaker’s abstract has been accepted by DVA. For more information or if you need assistance with registering as a speaker, please contact us at [email protected]

iii. Sponsor Registration Benefits. Based on the Sponsorship tier elected, Sponsors of the WWDVC Conference may be eligible to register a pre-determined number of employees for the WWDVC Conference under promotional discounts equal to 100% of the registration fee. Sponsors will be provided with the applicable promotional code as described in the WWDVC Conference Event Sponsorship Agreement. For more information, please refer to the WWDVC Conference Event Sponsorship Agreement that you signed with DVA or, if you are not yet signed-up to sponsor the WWDVC Conference, by visiting https://wwdvc.com/sponsors/ or by contacting us at [email protected]

c. Terms of payment are within our sole discretion and payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

 

3. ORDER FULFILLMENT.

When you have completed the purchase and registration process, you will receive a confirmation email containing your registration tickets. You may also download registration tickets from the EventBrite platform. If you have not received the confirmation email or registration tickets within three (3) business days of completing your purchase and registration, please be sure to check your email’s “Spam” folder and, if you still cannot locate the confirmation email or registration tickets, contact us at [email protected] for assistance.

 

4. REFUNDS.

Refunds must be requested prior to May 1, 2023, after which no refunds will be provided. The amount refunded will be the purchase price less any credit card fees and administrative fees and may also be reduced by any taxes collected by EventBrite that are required to be retained. Refunds are processed within approximately three (3) business days of our receipt of your request. Your refund will be credited back to the same payment method used to make the original purchase on the Website.

 

5. EVENT CANCELLATION.

In the event the WWDVC Conference is required to be cancelled for any reason by DVA, DVA will provide refunds of the amounts paid by registrants to DVA in accordance with Section 4 above. DVA is not responsible for, will not provide refunds covering, and has no liability to you for any costs associated with hotel reservations, airfare, transportation, or any other expenses paid by registrants in connection with their attendance at the WWDVC Conference.

 

6. WARRANTY DISCLAIMERS. ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR, (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

 

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY 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 ANY BREACH OF THESE TERMS, REGARDLESS OF (a) WHETHER SUCH DAMAGES WERE FORESEEABLE, (b) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (c) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

 

The limitation of liability set forth above shall : (i) only apply to the extent permitted by law; and, (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

 

8. GOODS NOT FOR RESALE OR EXPORT.

You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

 

9. PUBLICITY WAIVER AND RELEASE.

DVA will be engaging in photography, filming, and otherwise recording the WWDVC Conference. By participating in the WWDVC Conference and/or by using the Website, you hereby irrevocably agree and permit, authorize, grant, and license DVA and its affiliates, successors, and assigns, and its and their respective licensees and sponsors and the employees, officers, directors, and agents of each of the foregoing (“Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use my name, image, likeness, appearance, voice, professional and personal biographical information (to the extent provided in connection with your WWDVC Conference registration or otherwise by you), and all materials created by or on behalf of DVA that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, on any platform, and for any purpose, including but not limited to advertising, public relations, publicity, and promotion of DVA and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to you.

 

DVA shall be the exclusive owner of all rights, including copyright, in the Materials. You agree and hereby irrevocably transfer, assign, and otherwise convey to DVA your entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. You acknowledge and agree that you have no right to review or approve Materials before they are used by DVA, and that DVA has no liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from DVA’s editing, alteration, or use of the Materials, or DVA’s presentation of you in connection therewith. Any credit or other acknowledgment of you, if any, shall be determined by DVA in DVA’s sole discretion. DVA has no obligation to create or use the Materials or to exercise any rights given by these Terms.

 

To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”), arising directly or indirectly from the Authorized Persons’ exercise of their rights under these Terms or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part from the negligence of DVA or any other person, and you hereby covenant not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims. You understand that DVA is relying on these Terms, including this publicity waiver and release, and will incur significant expense in reliance on these Terms, and you agree that these Terms, including this publicity waiver and release, cannot be terminated, rescinded, or modified, in whole or in part.

 

YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY, AND THE EMPLOYEES OR REPRESENTATIVES OF SUCH ORGANIZATION OR COMPANY REGISTERED TO ATTEND THE WWDVC CONFERENCE, TO THE FOREGOING PUBLICITY WAIVER AND RELEASE.

 

10. PRIVACY. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.

 

Please be aware that sponsors of the WWDVC Conference receive your first and last name, email address, company name, and, if provided, mailing address, as a paid benefit for sponsoring the event. WWDVC Conference sponsors are permitted to use this information for any purpose as they see fit but will mainly use it to contact you with marketing communications regarding their products or services and as you have otherwise expressed interest to them during the course of your attendance at the WWDVC Conference.

 

Please note that the Website and the WWDVC Conference are operated by DataVaultAlliance Holdings, LLC. When you register for the WWDVC Conference by purchasing tickets for that event, your first and last name, email address, company name, and, if provided, mailing address, will be added to DVA’s mailing list and an account will be created for you on https://learn.datavaultalliance.com/ so you may access any prerecorded sessions offered in connection with the WWDVC Conference. If you do not want to receive marketing emails from DVA, please see our Privacy Policy for more information on how you can opt-out of marketing communications.

 

11. DISPUTE RESOLUTION AND BINDING ARBITRATION.

 

a. YOU AND DATAVAULTALLIANCE HOLDINGS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

 

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

b. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

 

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

 

c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

 

d. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR DATAVAULTALLIANCE HOLDINGS, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

 

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

 

12. MISCELLANEOUS.

a. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, power outage, or other unforeseeable events, whether similar or dissimilar to any of the foregoing, beyond the control of a Party and against which it would have been unreasonable for the affected Party to take precautions.

 

b. Governing Law and Jurisdiction. This Website is operated from the US. These Terms and all matters arising out of or relating to these Terms, including your attendance at the WWDVC Conference, whether sounding in contract, tort, or statute, shall be governed by and construed in accordance with the laws of the State of Vermont, including its statutes of limitation applicable to agreements executed and fully performed therein, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Vermont. Any legal suit, Action, or proceeding arising out of or relating to these Terms will be instituted exclusively in the federal courts of the United States of America, namely the U.S. District Court for the District of Vermont, or the courts of the State of Vermont located in Franklin County, and each Party irrevocable submits to the exclusive jurisdiction of such courts in any such legal suit, Action, or proceeding. Service of process, summons, notice, or other document by mail to such Party’s address set forth herein is effective service of process for any suit, Action, or other proceeding brought in any such court.

 

c. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12(c) is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. DVA shall be entitled to assign any of its rights or delegate any of its obligations without limitation and without requirement to obtain consent.

 

d. Amendment; Waiver. No amendment to or modification of or rescission, termination, or discharge of these Terms is effective unless it is in writing and signed by an authorized representative of DVA. No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of each Party. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and does not operate as a waiver on, or estoppel with respect to, any future occasion. No failure or delay in exercising any right, remedy, power, or privilege or in enforcing any condition under these Terms, or any act, omission, or course of dealing between the Parties shall constitute a waiver or estoppel of any right, remedy, power, privilege, or condition arising under these Terms and shall not preclude any other or further exercise of any other right, remedy, power, or privilege or the enforcement of any condition provided for herein or by law or in equity.

 

e. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

f. Notices.

i. To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.


ii. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [email protected] with delivery confirmation; or, (ii) by personal delivery, overnight courier, or registered or certified mail to DataVaultAlliance Holdings, LLC, ATTN: Executive Management Team, 26 Prospect Street, St. Albans, VT 05478 USA. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

g. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

h. Entire Agreement. Our order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.