CLASS-LLC CYBER STRATEGY RETREAT
TERMS AND CONDITIONS
Effective date: December 1, 2020
These Terms and Conditions (“Terms”) govern your attendance at and participation in the Cyber Strategy Retreat (the “Retreat”) presented by CLASS-LLC. By registering for the Retreat, you agree to be bound by the Terms, which form a legal binding contract between Cyber Leadership and Strategy Solutions, LLC (“CLASS-LLC”) and the registered participant (“you” or “Participant”).
- Participant Requirements
- Access. Your registration entitles you to attend in person the Retreat for which you have registered. Your registration may also entitle you to bring a spouse or partner though not to attend the Retreat strategy and information sessions. Details are available on the registration website.
- Use of Likeness. By participating in the Retreat, you acknowledge and agree to grant CLASS-LLC the right to record, film, live stream, photograph, or capture your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to CLASS-LLC includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.
- Recording Prohibited. Participant is not allowed to record any of the Retreat in any audio, video or other formats. No videotaping, photography, filming, audio recording, or the like is permitted except as conducted or authorized by CLASS-LLC in writing.
- Confidentiality. The Retreat is intended to foster open discussion and transparent communication about cyber security issues, strategy, and solutions. By openly sharing experiences and opinions, you and others that participate in the Retreat will obtain its intended benefit. To facilitate and foster open discussion, you agree to keep confidential and not to disclose, use, disseminate, or publish, directly or indirectly, non-public, proprietary, or other information considered confidential by the speaker, presenter, or CLASS-LLC that you learn or are provided at the Retreat.
- Unethical/Non-Compliant Business Practices. CLASS-LLC reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non-compliant business practices.
- Registration for the Retreat is not transferrable or assignable without the express written permission of CLASS-LLC. All fees for the Retreat must be paid at the time of registration and are not refundable, except as otherwise provided herein. If you choose to participate in activities made available outside of the Retreat that are not included in your chosen Retreat package, all fees for such activities and payment terms are available on the Retreat registration website and all payments are subject to those terms. No refunds or credits will be granted for non-attendance or partial attendance.
- The location where the Retreat is being held shall henceforth be referred to as the “Hotel”. Depending on the Retreat package you choose upon registration, you may incur additional charges by the Hotel, which are solely your responsibility. CLASS-LLC is not responsible for charges imposed on you by the Hotel that are in addition to the fees charged by CLASS-LLC for registration.
- The Retreat is subject to change or cancellation by CLASS-LLC at its discretion. If the Retreat is cancelled due to an act of God, war, terrorist act, disaster, strikes, pandemic, civil disorder, or other comparable unforeseen emergency (collectively a “Force Majeure”), CLASS-LLC shall have no liability and shall be relieved of its obligations to Registrant. If the Retreat is cancelled or terminated due to a Force Majeure occurrence before the first day of the Retreat, then CLASS-LLC will reschedule the Retreat and your registration fee will be applied to the rescheduled Retreat.
- If you cancel your registration at any time prior to the Retreat, you forfeit the deposit paid to CLASS-LLC and all other fees paid for accommodations at the Hotel.
- Intellectual Property
- All intellectual property rights in and to the Retreat, the Retreat content, and all materials distributed at or in connection with the Retreat are owned by CLASS-LLC, or the Retreat sponsors or speakers presenting at the Retreat. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names appearing at the Retreat, in any Retreat content or in any materials distributed at or in connection with the Retreat for any reason without the prior written permission of CLASS-LLC.
- For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by CLASS-LLC or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of CLASS-LLC or its affiliates, all of which shall at all times remain the exclusive property of CLASS-LLC and its affiliates.
- Disclaimer of Warranties
- CLASS-LLC gives no warranties in respect of any aspect of the Retreat, or any materials related thereto or offered at the Retreat and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Retreat is provided on an “as-is” basis. The views, opinions, and positions expressed by the speakers, attendees, or sponsors at the Retreat are theirs alone and do not necessarily reflect the views, opinions, or positions of CLASS-LLC or any agency or employee thereof. CLASS-LLC makes no representations as to accuracy, completeness, timeliness, suitability, or validity of any information presented by speakers, attendees, or sponsors at the Retreat and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.
- Acknowledgement of Risk; Waiver and Release From Liability
- You acknowledge that any participation in the Retreat is solely at your own risk. You hereby consent to voluntarily participating in the Retreat offered by CLASS-LLC. You certify that you have full knowledge of the nature and extent of the risks inherent in any educational event or participation in any activity associated with such an event, including injury, illness, or death, and that you are voluntarily assuming these risks. You understand that the description of these inherent risks, including of contracting the COVID virus, is not complete and that other unknown or unanticipated inherent risks may result in injury or death.
- You on behalf of yourself and your assigns and heirs, devisees and your estate (collectively “Successors”), hereby unconditionally and forever release, discharge and agree to hold harmless CLASS-LLC, and its affiliates, assigns and subsidiaries, along with each of its members, officers, directors, employees, agents and contractors (collectively “Released Parties”), from and against all claims, judgments, costs, damages, losses, expenses and liabilities (whether arising under a theory of contract, warranty, tort, strict liability, product liability or any other theory), relating to any claim you may now or hereafter have with respect to any death, personal injury, property damages, pecuniary loss or other loss, damage, cost or expense (collectively “Harm”) that may be suffered by you or any third party as a result of or in connection with the Retreat, or any portion thereof, even if such harm is caused solely by the recklessness, negligence, or fault of one or more Released Parties.
- You specifically understand and agree that this Release will prevent you and your successors form bringing a lawsuit, claim or other action against any Released Parties and from recovering any money damages or other legal relief from any Released Party in connection with the claims released above.
- Indemnification. You agree to, and shall, indemnify, defend, and hold harmless CLASS-LLC, its officers, directors, employees, representatives, agents, contractors, assigns and successors-in-interest (collectively “Releasees” from and against any claim, demand, damage, cost or expense (including reasonable attorney fees) from and against any claims arising from your wrongful or negligent act, or from any claim asserted by any third party due to, arising out of, or in any way related to, any violation by you of this Agreement.
- Miscellaneous. CLASS-LLC’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. CLASS-LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CLASS-LLC’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sub-licensable by you except with CLASS-LLC’s prior written consent. This Agreement shall be governed by the laws of the State of Georgia and the parties shall submit to the exclusive jurisdiction of the Georgia, Henry County state or federal courts. A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you acknowledge that you do not have any authority of any kind to bind CLASS-LLC in any respect whatsoever.