Terms of Use
1. Scope of Agreement
Outbound Conference, LLC (“Outbound Conference”, “we”, “our” and “us”) offers an online web-based platform (the “Site”) that provides certain services to users including registering to attend its annual sales conference event (the “Services”). The Site is governed by these Terms of Use. The term “you” or “your” includes any of your subsidiaries, affiliates, employees and parent or legal guardian. Your continued use of the Site constitutes acceptance of these Terms of Use, which may be modified by us from time to time without notice. The current version of this document will always be available on our Site, and it is your responsibility to review it on a regular basis. By continuing to use this site, you agree to be bound by any future changes published on this Site. Capitalized terms not defined in these Terms of Use (these “Terms of Use”) shall have the meaning ascribed thereto in our Privacy Policy (the “Privacy Policy”). If there is a conflict between these Terms of Use or the Privacy Policy, these Terms of Use shall control.
Our Privacy Policy explains Outbound Conference’s practices relating to the collection and use of your information through or in connection with our Site. Our use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms of Use.
By using or accessing the Site and/or the Services, you agree to be legally bound by these Terms of Use and the Privacy Policy found on the Site as amended from time to time (collectively, the “Agreement”). If you do not agree with the Agreement without limitation or qualification, you should not access or use the Site. Your continued use of or access to the Site following any changes made to the Agreement will mean that you also accept and agree to be bound by the changes or any then-current Agreement. Because we reserve the right to modify the Agreement at any time without notice to you, please check them regularly for changes. These Terms of Use were last updated in March, 2021.
2. Disclaimer
You expressly understand and agree that: (a) this Site and any of the Services are provided on an “as is” and “as available” basis and that this Site makes no warranties, representations or conditions (as used in this section “warranties”) of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement and that any such warranties are hereby expressly disclaimed, and (b) this Site specifically makes no warranties that it or any of its Services, including any content, information, products or Services obtained from or through the use of this Site or any of the Services, will be provided on an uninterrupted, timely, secure or error-free basis or that such Services or the results derived therefrom will meet your requirements or expectations.
3. Billing
Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after its initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.
4. Pricing
If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this Site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then we have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this Site.
5. Ticket Resale
Like any concert, theatre event, or any other show, you are able to sell or give your ticket to a friend, a family member, or a colleague. The person to whom you transfer the ticket will need to have your ticket available to them in order to register and attend the OutBound conference. Unlawful resale of tickets (or attempted resale) is grounds for seizure and cancellation without compensation.
6. Speaker Unavailability
Speakers are subject to change or cancellation at any time without notice. No refund will be owed if any speaker or any other scheduled performance, person or group is changed or canceled.
7. Refunds
As a general rule, all purchases are non-refundable and not able to be exchanged and no refunds shall be issued. Notwithstanding the foregoing, in certain extraordinary circumstances a refund or credit to attend another event may be issued in the sole discretion of Outbound Conference officers.
8. Use of Your Image or Likeness
By attending the event, you grant OUTBOUND CONFERENCE a non-exclusive, worldwide, sublicenseable right and license to use your name, image and voice likeness in event advertisements, brochures, infomercials and other marketing programs, presentations and materials, in all media, whether now existing or hereafter devised. You acknowledge that we will rely on these permissions granted and agree not to assert any claim of any nature whatsoever against the OUTBOUND CONFERENCE, its affiliates, subsidiaries, licensees, agents, successors and assignees relating to the exercise of the license granted hereunder.
9. Cancelled/Postponed Events
Should the event be cancelled or postponed, we will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed event, please check the event information online or contact us.
10. Liability Limitation
You expressly understand and agree that in no event shall this Site, or OUTBOUND CONFERENCE be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether this Site had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with: (a) the use, inability to use or performance of any of the Services of this Site, or (b) any unauthorized access to or modification to any of your content or transmissions, or (c) any other matter relating to this Site or any of the Services.
11. Trademarks and Copyrights
The Outbound Conference content at the event is licensed to you only for your limited internal use and does not include any ownership rights. No part of the event content may be reproduced in any form, by any means (including electronic, photocopying, recording or otherwise) without the prior written permission of OUTBOUND CONFERENCE. You may not distribute, change, create derivatives of, repackage, or resell any of the event content without express written authorization of OUTBOUND CONFERENCE. Any unauthorized use of the OUTBOUND CONFERENCE content may violate applicable copyright, trademark, intellectual property, and other laws (some of which provide criminal remedies). You may not sell or modify the content or reproduce, display, distribute, or otherwise use the content in any way for any public or commercial purpose. You shall not display, disparage, dilute, or taint our trademarks or use any confusingly similar marks or names, or use our trademarks in such a way that would misrepresent or cause confusion as to who the proper owner of such trademarks is. Elite and VIP ticket holders will receive a limited license to access content for 6 months as part of their package, subject to this Section 11.
12. COVID-19 Waiver
You acknowledge that you are aware of the COVID-19 pandemic and related governmental orders, directives and guidelines (collectively “directives”), including directives for frequent hand washing, social distancing and use of face masks in public locations. You are aware that these activities are occurring in a public location during the COVID-19 pandemic, and are therefore hazardous activities. You are aware that you could be infected, seriously injured or even die due to COVID-19. You are voluntarily participating in these activities with knowledge of the danger involved and agree to assume any and all risks of bodily injury, death or property damage, whether those risks are known or unknown. There is no liability for an injury or death of an individual entering the premises if such injury or death results from the inherent risks of contracting COVID-19.
13. Indemnification
You agree, to the fullest extent permitted by applicable law, to forever hold harmless, defend and indemnify OUTBOUND CONFERENCE and its agents, employees, representatives, directors, officers, successors, and assigns other affiliates (“Indemnified Parties”) from and against any and all loss, cost, claims, liabilities, damages, disputes and expenses, including without limitation reasonable attorney’s fees and court costs, arising out of your violation of any of the terms of this Agreement or your use of and access to the Site, the Services, or the OUTBOUND CONFERENCE event.
14. General Provisions
Severability/Waiver. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be automatically reformed and construed so as to be valid, legal, operative, and enforceable to the maximum extent permitted by applicable law while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement. Additionally, no waiver of any provision of this Agreement or any rights or obligations of either you or us hereunder shall be effective, except pursuant to a written instrument signed by you and us waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
Compliance with Laws and Code of Conduct. Each User and event attendee shall promptly comply, at its own cost and expense, in every material respect with all laws, ordinance, rules, regulations, and requirements of all federal, state, and local governmental authorities that are applicable to the activities or Services pursuant to this Agreement including the event’s Code of Conduct, available on the Site.
No Third Party Beneficiaries. This Agreement shall inure to the benefit of and shall be binding upon you and us and our respective permitted successors and assigns. Except as expressly provided herein, there are no third party beneficiaries to this Agreement.
Section Headings. All Section, subsection, and paragraph headings are provided herein as a convenience only and do not affect the meaning or interpretation of this Agreement.
Limitations Period. You must file any claim or suit related to our Site within one year after the cause of action arises.
Governing Law and Venue. This Agreement shall be governed by and construed in accordance with internal laws of the state of Georgia, without reference to its choice of laws rules or principles. For any claim or cause of action arising from this Agreement shall be brought in the state courts in Columbia County, Georgia, or corresponding federal courts, and each party consents to the exclusive venue of such courts. Each party waives their respective defenses of lack of personal jurisdiction and forum non conveniens with respect to such courts. In the event that litigation results from or arises out of this Agreement with respect to the payment of fees owed under this Agreement, the Parties agree to reimburse the prevailing party’s reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled.
Miscellaneous. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Outbound Conference in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
The Site is designed to ensure people with disabilities have equal access to the content and Services, and Outbound Conference strives to meet the Web Accessibility Initiative’s Web Content Accessibility Guidelines (WCAG) 2.0 guidelines.
15. Contact Us
If you have any other questions regarding these Terms of Use, please feel free to contact us at events@outboundconference.com or by phone at 1.844.447.3737.