1.1 By registering for, or attending, the BEC, you agree to these Terms. Your attendance shall be in accordance with these Terms. To register for the BEC, you must complete the BEC registration process and pay the applicable registration fee (if any). Unless otherwise permitted in writing by Best Ever, you must be at least 18 years of age on the first day of the BEC. BEC registration is subject to availability and may close earlier than the posted deadline, as determined in our sole discretion.
1.2 Best Ever may, in its sole discretion, change the BEC program at any time.
1.3 Best Ever reserve the right to ask you to leave the BEC if your behavior causes us concern for the safety or security of BEC attendees. If we deny you entry or require you to leave, you will not receive a refund.
2. Cancellation; Refund Policy
2.1 Best Ever may cancel and/or postpone the BEC at any time for reasons including, availability or suitability of venue or speakers or on security, health, or safety grounds, and we may deny, limit, or cancel your BEC registration at any time. In the event of BEC cancellation and/or postponement, Best Ever shall not be responsible for any damages, direct or indirect, resulting from such cancellation. If the BEC is cancelled and/or postponed, and your registration and you are in compliance with these Terms, we can issue you a refund of your BEC registration fee in accordance with the refund policy on the BEC’s registration webpage.
2.2 You may cancel your registration at any time prior to and including July 20th, 2020 and receive a full refund. Cancellation after this date – including a no show on the day(s) of the BEC – shall not be eligible for a refund.
2.3 If you or Best Ever cancel your registration for the BEC, or Best Ever cancels the BEC, the terms and conditions of these Terms which by their terms or substance are intended to survive expiration or termination of this Agreement, shall survive.
3. License to Use
You grant Best Ever, our affiliates, and our independent contractors the right to record, film, photograph, and capture your voice and image in any media at the BEC (the “Items”). By attending the BEC, you grant to Best Ever and its affiliates, agents, employees, and assigns an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, and distribute, for any purpose relating to our business, all or any part of the Items and other materials submitted (including, for example, your name and biographical information) or presented by you (in electronic copy, hard copy, or otherwise) (collectively, the “Materials”). We may edit the Materials, use them alone or together with other information, and allow others to use and disseminate them. To the maximum extent permitted by law, you waive any moral rights you may have in the Materials.
4. Assumption of Risk
You acknowledge and agree that your attendance and participation in the BEC is voluntary, and You have been given the opportunity to ask questions regarding your participation. To the maximum extent permitted by law, you agree that you solely assume the risks associated with attending and participating in the BEC.
5. Disclaimer of Warranties
To the extent permitted by applicable laws, the BEC is provided on an “as is” and “as available” basis. Best Ever expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose, including Best Ever making no warranty that (a) the BEC (or any portion of the BEC) will meet your requirements or expectations; (b) the BEC will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the BEC will be accurate or reliable. You understand and agree that the BEC may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
6. Release of Claims
To the maximum extent permitted by law, you (for yourself, your heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on your behalf or as a result of your death or injury) hereby release Best Ever and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that you may have now or in the future associated in any way with the BEC or the Items.
7. Limitations of Liability
WE AND OUR AFFILIATIES AND LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR (B) LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED USD $100. THE LIMITATIONS IN THIS SECTION 7 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8.1 Waiver. The failure by us to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
8.2 Severability. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest will remain in full force and effect.
8.3 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunication failures, earthquake, storms, or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
8.4 Assignment; No Third-Party Beneficiaries. You will not assign or otherwise transfer these Terms or any of your rights and obligations under these Terms, without our prior written consent. Any assignment or transfer in violation of this section will be void. We may assign these Terms without your consent (a) in connection with a merger, acquisition, or sale of all or substantially all of our assets or (b) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Best Ever as a party to these Terms, and Best Ever is fully released from all of its obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
8.5 Governing Law. The laws of the State of Washington, without reference to conflict of law rules, govern these Terms and any dispute of any sort that might arise between the parties. The United Nations Convention for the International Sale of Goods does not apply to these Terms.
8.6 Dispute. If a dispute arises between the parties in connection with the BEC or these Terms (a “Dispute”), including without limitation any Dispute arising out of any monetary amount due to a party hereto – but expressly excluding any breach for which there is a designated cure period and applicable rights and remedies – then prior to bringing any suit, action or proceeding in connection with such Dispute, a Party must first give written notice of the Dispute to the other Party describing the Dispute and requesting it be resolved pursuant to the dispute resolution process (the “Dispute Notice”) under this Section 8.6. If the parties are unable to resolve the Dispute within thirty (30) days of delivery of the Dispute Notice, then each party shall promptly (but no later than ten (10) days thereafter): (i) appoint a designated representative who has sufficient authority to settle the Dispute and who is at a higher management level than the person with direct responsibility for the administration of these Terms (the “Designated Representative”); and (ii) notify the other party in writing of the name and contact information of such Designated Representative. The Designated Representatives shall then meet as often as they deem necessary in their reasonable, judgment in order to discuss the Dispute and negotiate in good faith to resolve the Dispute. The Designated Representatives shall mutually determine the format for such discussions and negotiations, provided that each Party shall honor all reasonable requests for relevant information relating the Dispute made by one party to the other party. If the parties are unable to resolve the Dispute within sixty (60) days after the appointment of both Designated Representatives, then either party may proceed with any other available remedy, whether under these Terms, or at law or in equity.
8.7 Modifications to these Terms. We may modify these Terms at any time by posting a revised version on the BEC site. The modified terms will become effective upon posting. By attending the BEC after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the BEC site regularly for modifications to these Terms. We last modified these Terms on the date listed at the beginning of these Terms.
8.8 Entire Agreement. These Terms are the entire agreement between you and Best Ever regarding the subject matter of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the BEC. We will not be bound by, and specifically object to, any term, condition, or other provision that is different from or in addition to the provisions of these Terms (whether or not it would materially alter these Terms).