Event Terms of Service
Last update: 26 Nov 2020
For complete NexGenT Inc. refund policy, visit: https://help.nexgent.com/refund-policy/nexgent-inc-refund-policy
This concludes the Refund Policy
TERMS OF SERVICE
These terms and conditions for registration and attendance (“Event Terms”) at the NGT LIVE 2020 event (“Event”) organized by NexGenT Inc (“NexGenT”, “Company”, “we”, “our”) are binding without qualification or exception, on all persons registered to attend, or actually in attendance, at our Events (“Registrant,” “you,” “your”). By registering for or attending the Event, each Registrant hereby agrees: (1) to be bound by and shall be deemed to have accepted these Event Terms, which the Registrant acknowledges to have read and understood; and (2) they have obtained the consent of their employer, to the extent their employer may so require, prior to registering for the Event and becoming bound by these Event Terms. If the Registrant is not authorized or does not agree to any of these Event Terms, the Registrant may not enter, view, or make use of this website for the Event (“Website”) and may not register for or otherwise attend the Event.
Payment Information & Terms
Full payment of the Event registration fee must be provided upon submission of the registration form. Payment in U.S. funds can be made by Visa, MasterCard, or American Express. Full payment must be received at the time of purchase. Any Registrants who have not submitted full payment prior to the Event will be charged the day-of rate and required to submit full payment prior to gaining access or entry to the Event.
Orders placed on behalf of multiple attendees for group registrations must be current on all group registration fees in order for any member of the group to gain access or entry to the Event.
Please read and understand our transfer and cancellation policies for all registration types.
Registration Rates and Discount
It is your responsibility to confirm the price displayed at checkout is the price you expect and agree to pay prior to completing the purchase. Upon submission of a complete registration form, the purchase and rate paid are final. We are unable to adjust, return, or refund previously purchased tickets for any reason, except as expressly provided in our 24-Hour Worry-Free Guarantee below. NexGenT may offer a discount code as part of a limited time sale. That code may only be applied towards the designated type of individual or group registration, and the value will not transfer to another type of individual or group registration if you upgrade later. NexGenT honors only one discount code per ticket per Event. Discount codes cannot be applied retroactively.
Registration Confirmation and Scope of Terms
Upon submission of registration, the Registrant will receive a confirmation of the registration. Additional rules may apply from the physical Event venue(s) and/or digital platform used for the virtual Event venue(s) (“Rules”), and Registrant agrees that NexGenT is not responsible for any of the Rules or their administration or enforcement by third parties other than NexGenT. Nothing in these Event Terms is designed to censor anyone’s speech or conduct on public property.
Cancellations/Refund Policy: 24-Hour Worry-Free Guarantee
We understand that life happens, so for purchases made more than 30 days prior to the Event, you may cancel your purchase for a full refund within 24 hours of purchase. Purchases made within 30 days of the Event are non-refundable. We will not provide refunds under any other circumstances, including if you need to cancel due to illness or for any other reasons outside your control.
To cancel your registration and receive your refund, if eligible, please notify us in writing at firstname.lastname@example.org. If you qualify for a refund, the amount refunded will be based on the actual fees paid for the registration(s) canceled and will be returned to your original payment method within ninety (90) days.
If your plans change, you may transfer your ticket, as long as you:
(1) have not used it to register for or otherwise access part or all of any Event, or Event content and materials included as part of the ticket, as tickets and access to Events may not be shared; and
(2) let us know in writing at least 14 days before the Event.
To request a ticket transfer, please email email@example.com with a copy of your ticket number or email confirmation, along with the new attendee’s name, email, title, company, and phone number. You must be able to show that you are the original Registrant or authorized by the original Registrant to make changes to the registration.
Admittance and Attendance Guidelines
Each Registrant must be at least twenty-one (21) years of age or older.
A valid photo ID (either a government-issued identification or driver’s license card or a passport) will be required upon arrival at a physical Event. All packages, bags, and other containers are subject to search and may be required to be stored during a physical Event, NexGenT reserves the right to deny admittance to the Event to anyone who has registered under false or erroneous and/or pretenses (e.g., using another attendee’s name, individuals who are underage, etc.) and to retain any Event registration fees previously submitted for those registrations. NexGenT reserves the right to refuse or revoke Event registration and admission to any individual in its sole discretion, including for violation of the Permitted Use and Rogue Events provisions below.
Registrants are required to verify their identity, using their real names when accessing a virtual Event and wearing name badges at all times when onsite at a physical Event. Registrants shall not swap, share, or loan their badge or virtual Event access information with/to any other person(s). Please note that there is a $50.00 reprint fee for the replacement of any badges.
Smoking, including, without limitation, the use of electronic cigarettes or vapes, is not permitted within the Event premises.
Registrants are required to comply with the rules and policies of the virtual and/or physical Event venue at all times while on such a venue’s premises or platform. Anyone who is removed from the Event for any reason may be arrested and subject to both criminal charges and a civil lawsuit.
Agenda Changes; Postponement or Cancellation of Event
From time to time, we may make updates to the Event agenda, which may include cancellation of and/or changes to certain Event activities. While the Event speakers and agenda are confirmed at the time of publishing, there may be substitutions, alterations, or cancellations of the speakers or agenda due to circumstances beyond the control of NexGenT. Accordingly, we cannot and do not guarantee any specific speaker, performing artist, entertainment, or other components of the Event agenda. We reserve the right to alter or modify the advertised speakers or agenda, and we will not refund registration fees, provide alternative compensation, or otherwise be liable to you based on these changes. NexGenT will make reasonable efforts to update our Website with any substitutions or alterations as soon as reasonably possible.
NexGenT is not responsible for any damage or loss as a result of alteration, substitution, delay, postponement, rescheduling, or cancellation of an Event. NexGenT will not be considered in breach of these Event Terms or otherwise liable to you, except as specifically provided in this provision, if an Event is subjected to limited occupancy, delayed, canceled, rescheduled, or postponed, in whole or in part, as a result of (1) any closures or occupancy restrictions of any venues, services, and other spaces, (2) any government-issued closure, shelter-in-place, or quarantine orders, (3) any government restrictions or recommendations placed on individuals and groups of individuals, (4) any law or action taken by a government or public authority, or (5) any issues arising from any health and travel restrictions, wars, epidemics and pandemics (including without limitation COVID-19 coronavirus), illness, accidents, internet and third party application connectivity, interruption or failure of utility service, electronic or communications failure, war, explosion, fire, smoke, flood, drought, earthquake, or other natural disaster, terrorist attack, protests or demonstrations, riots, police action, security threat, civil war, loss of electricity, labor or trade dispute, strike, industrial action or lockout, nonperformance by service providers and subcontractors, delays by you, or other impediments to performance caused directly or indirectly by any event or circumstances outside NexGenT’s reasonable control, which make NexGenT’s performance illegal, impossible, inadvisable, or commercially impractical as determined in NexGenT’s reasonable discretion. If an Event is subjected to limited occupancy, delayed, canceled, rescheduled, or postponed for these or any other reasons, your sole remedy shall be that we will provide you with access to the rescheduled Event or a similar replacement Event at a later date to be determined by NexGenT. If an Event is subjected to limited occupancy, delayed, canceled, rescheduled, or postponed, there will be no refunds provided. NexGenT will take reasonable efforts to notify you of any changes or interruptions to the Event as soon as reasonably possible.
Access to Event; Disclaimer
We cannot guarantee your admittance to any specific Event activity, as capacity and availability limits apply to both physical and virtual Events. For a virtual Event, we cannot guarantee the Event will be free from any kind of harmful interaction or interference, including but not limited to phishing, Zoom bombing, etc may refuse Event participation to or refund, (1) poses a health or safety risk to any person or entity at the Event; (2) has behaved or is behaving in a manner that may disrupt, hinder, or cause a nuisance to any person or entity at the Event; or (3) fails to, or threatens or is otherwise likely to fail to, comply with our Code of Conduct, our instructions not to record certain Event activities, these Event Terms, and all laws, regulations, and rules (including additional rules and terms of Event venues and platforms) applicable to your participation in or access to the Event.
You are not permitted to use this Website, our mobile app, or any of our other websites or applications other than for the following, private, non-commercial purposes: (1) viewing the Website; (2) registering for a NexGenT Event; (3) reviewing or changing your Event registration; (4) transferring to other websites through links provided on this Website; and (5) making use of other facilities that may be provided on this Website.
The use of automated systems or software to extract data from this Website, our mobile app, or any of our other websites or applications for commercial purposes (e.g., scraping) is prohibited.
In the event you violate the terms of this Permitted Use section, you agree to pay NexGenT $1,000,000 within thirty (30) days after the violation. That amount is not a penalty but rather is the agreed-upon liquidated damages suffered as a result of your violation of this provision. You further agree this liquidated damages amount is a valid pre-estimate of damages NexGenT will sustain which will not be capable of precise determination.
Code of Conduct
NexGenT is dedicated to providing a harassment-free experience for everyone, regardless of gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, national origin, religion (or lack thereof), or technology choices. We do not tolerate harassment of our community or at our Events in any form. Sexual or discriminatory language and imagery are not appropriate for any venue, including personal space, presentations, workshops, parties, Twitter, Zoom, and other online media. Community participants violating these rules may be sanctioned or expelled from our Events or venues at the discretion of the staff and without a refund. Please bring any concerns to the immediate attention of our team. The full explanation of our Code of Conduct is available on our Website (https://www.ngt.live/codeofconduct).
Limitations on Your Recordings
NexGenT reserves the right to (1) limit, restrict or prohibit audio or video recordings and/or transmissions of the Event or any portion thereof, or the taking of photographs during the Event, and (2) remove anyone conducting unauthorized recordings or photography. Any person who conducts unauthorized recordings or photography after being notified by NexGenT that such recordings or photography are so limited, restricted, or prohibited:
(a) must transfer ownership of any and all unauthorized recordings of the Event (including, without limitation, data file, hard drive, SD card, tape, CD, or any other storage medium) to NexGenT or its assigns;
(b) agrees, upon request, to give possession of all copies of any such unauthorized recordings to NexGenT before leaving the Event, and must not retain any copies of such unauthorized recordings for any reason;
(c) authorizes the use of any such unauthorized recordings of the Event by NexGenT and/or its assigns for any purpose; and
(d) represents and warrants that any attendees and other individuals that appear in such photos and videos have also consented to such use.
For a virtual Event, you may take screenshots of Event activities for your personal use, but those screenshots may include content or material that is protected by copyrights, trademarks, or other rights that we own or have licenses to use. So you may not copy, reproduce, publish, or distribute the screenshots or take any audio or video recordings of Event activities without our prior written permission.
For a physical Event, we will post a sign at the entry, make an announcement at the beginning of the Event activity, and/or notify you through our Event platform, on the registration form for that Event activity, through an online community, or otherwise if that Event activity may not be recorded or photographed.
We encourage you to share screenshots and “snippet” recordings on your social media channels, as long as the clips use our official event hashtag, tag NexGenT and any sponsors (as appropriate), and are less than one minute in length. Live Streaming and posting any images or recordings of Event activities when we have announced the recording of that Event activity is not permitted. You agree not to use any permitted recordings for commercial purposes, to mislead or disparage, to imply you own the recording content, to suggest that we endorse your business, or in violation of applicable laws or our Code of Conduct. You further agree to comply with any requests we make not to record specific Event activities and for you to discontinue the use of recordings, including removal of previous social media posts that include those recordings.
Authorization for Recordings by NexGenT and Event Sponsors
NexGenT, Event sponsors, and other authorized third parties may from time to time take photos and videos at the Event, which NexGenT and those third parties may later use in any format or medium for promotional purposes, or which may otherwise be used, published, or posted by a third party, including, without limitation, via online posting on a third party or NexGenT website. By participating or attending the Event, each Registrant agrees that he or she may appear in these photos and videos, and authorizes, and agrees to hold NexGenT harmless from their use in this fashion. Furthermore, by participating in the Event, you grant NexGenT the right to use and license the use of your image, likeness, and voice in audio or video recordings and all media (collectively, “Recordings”), now or hereafter known, by whatever means exhibited, advertised, or otherwise exploited. You hereby agree to:
(1) release and hold NexGenT harmless from any and all liability arising out of the use of the Recordings in any manner or media whatsoever;
(2) waive any right to inspect or approve the use of the Recordings; and
(3) waive any and all actions, suits, or claims relating to the use of the Recordings, including claims for invasion of privacy rights or publicity.
All assets and published materials are property of NexGenT. Furthermore, NexGenT physical events are held in public spaces and virtual events are held on digital platforms; therefore, we do not prohibit (and cannot reasonably prevent) other registrants, exhibitors, sponsors, media organizations, or other companies from photographing, or making audio or video recordings of Event activities.
The views expressed by any Event attendee, speaker, exhibitor, or sponsor are not necessarily those of NexGenT or its affiliates. All Event attendees, speakers, exhibitors, and sponsors are solely responsible for the content of any and all individual or corporate presentations, marketing collateral, advertising, and online web content.
Privacy and Data Sharing
Third-Party Links and Content
Our Website, mobile app, or any of our other websites or applications may contain links to other websites that are owned and operated by third parties and to content provided by third-party service providers, Event sponsors, and other Event registrants, including videos, images, descriptions, links and other content. We have no control over third-party websites or content, and we are not responsible for the availability of or materials provided on or through those third-party websites or content. We do not make any representations regarding the accuracy of any third-party websites or content. We are not responsible or liable for damages or losses arising from third party sites or content, and we recommend you review their applicable terms and conditions, as well as their privacy policies if you choose to engage with those sites or content. You agree to assume all responsibility for your decision to enter into any transaction or other relationship with those third parties.
Personal Access by Registrant of Record Only
Access to our Event is for personal and non-commercial use only by the registrant of record and may not be shared or resold under any circumstances. We grant you a limited, non-exclusive, non-transferable, revocable right to access the Event and view the Event activities for the duration of the Event, subject to the limitations in this provision. Access may not be transferred except as provided in these Event Terms and authorized by NexGenT. Where there has been any sharing, resale, attempted sharing or resale, unauthorized transfer, or other breaches of these Event Terms, we reserve the right to revoke your Event access immediately and without a refund or any further liability to you.
You are responsible for advising us regarding any special access, accommodations, or other assistance you require at the time you register for our Event, and we will assist you as best we can.
In the event your attendance at our Event requires the granting of a visa, you agree NexGenT is not responsible for ensuring the granting of your visa and will not issue a refund if your visa is not granted.
Access to a virtual Event and our Website and applications, as well as access to certain components of a physical Event, requires compatible devices. Additionally, certain software (including third party software) may be required or may need updates. Your access to a virtual Event, our Website and applications, and certain components of a physical Event may be affected by the performance of your device and certain software. We will provide access tips on our website or via email to Registrants prior to the Event.
Additionally, you will need a high-speed internet connection in order to access a virtual Event. When accessing through a mobile network, the network will apply fees for data usage.
Virtual Event Platform
We will be hosting our virtual Event using Welcome’s video conferencing platform. You can view their legal and privacy policies here. We may use other platforms for breakout rooms and other specific Event activities, which we will communicate to Registrants prior to the Event.
Disclaimers; No Warranties
NexGenT Events, this Website, and any applications are provided “As-Is” and “As Available,” without warranty of any kind, express or implied. We make no guarantees as to uptime or availability of virtual Events, this Website, or any applications, and we do not warrant that our Events, this Website, or applications or any of their content or functionality will be error-free or uninterrupted or that defects will be corrected. Registrant assumes all responsibility and risk for the use of the Website and/or attendance at or registration for the Event, including access to and use of Event venues and platforms. To the fullest extent permissible by applicable law, we shall have no responsibility or liability for any content or materials displayed or distributed as part of our Events or on our Website or applications, or any other resulting damage, including without limitation damage from virus attacks, internet congestion, and denial of service attacks. We disclaim all warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL NexGenT OR ITS AFFILIATES BE LIABLE TO A REGISTRANT, OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE REGISTRANT, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, OR PROFIT, ARISING OUT OF THESE EVENT TERMS OR THE USE OR INABILITY TO ACCESS OR USE THE WEBSITE, APPLICATIONS, EVENT, OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. NEXGENT’S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF THESE EVENT TERMS OR THE ACCESS, USE, OR INABILITY TO ACCESS OR USE THE WEBSITE, APPLICATIONS, EVENT, OR ANY OTHER MATERIALS WE HAVE MADE AVAILABLE TO YOU SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT YOU HAVE PAID TO US DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. IF YOUR ACCESS OR USE OF THE WEBSITE, APPLICATIONS, EVENT, OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU, RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL DIRECT AND RELATED COSTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO DEPENDING ON YOUR STATE OF RESIDENCE, ALL OR A PORTION OF THIS PROVISION MAY NOT APPLY.
You agree to defend, indemnify, and hold harmless NexGenT, its affiliates, and their respective directors, officers, shareholders, owners, managers, members, past and present employees, contractors, volunteers, representatives, agents, affiliates, successors, and assigns (collectively, “Releasees”) from and against all actions, suits, claims, losses, liability, costs, and expenses, including attorney fees (collectively, “Claims”) arising out of or in connection with: (i) your viewing, purchase, use, or participation in the Event, Website, and Applications, including without limitation all content and other materials made available to you; (ii) any content you submit to NexGenT, our Website, applications, or social media properties or tag us in on your social media profiles; or (iii) your violation of these Event Terms. This provision shall apply regardless of Releasees’ negligence if any.
Choice of Law and Venue
These Event Terms and any Claims arising out of or in connection with these Event Terms or the Website, applications, or Event, including without limitation any Claims that might arise between Registrant and NexGenT (“Claim”) shall be governed by and construed in accordance with the laws of the State of Texas in the United States, without regard to its conflict of law provisions. Any matter involving interpretation or enforcement of these Event Terms shall be brought in the state or federal courts in Travis County, Texas. By purchasing, using, viewing, or participating in the Website, applications, or Event, you agree to accept the exclusive personal jurisdiction in an exclusive venue of those courts. We shall be entitled to recover our attorneys’ fees and costs in enforcing our rights under these Event Terms, whether we choose to enforce our rights through negotiation, mediation, arbitration, or litigation.
Any notices to you regarding these Event Terms will be provided by email using the contact information last provided by you. Notice will be deemed given one (1) business day after email transmission from us, or two (2) business days after the date of posting on our website or elsewhere, as may be appropriate under the circumstances or otherwise required by law. If you have any questions about our Events, Website, applications, or any of our terms or policies, including these Event Terms, please email firstname.lastname@example.org and include the name of the terms, policy, or Event in the subject line.
Failure by either party to enforce any provision in these Event Terms is not a waiver of future enforcement of that or any other provision. The waiver of any breach of these Event Terms is not effective unless in a written agreement signed by the waiving party and is not a waiver of any other or subsequent breach.
Updates to Terms
We will update these Event Terms occasionally to reflect changes in the law, our Website, applications, Events, our practices, and advances in technology. When we post those changes, we will revise the “Last Updated” date at the top of these Event Terms. If we make any material changes to these Event Terms, we will take reasonable steps to notify you or obtain your consent, which could include notifications through our website, via email, or as otherwise may be required by law. Please review any changes carefully. Any access or use, including your continued access or use, of the Website, applications, or Event by you after we have posted the updated version of these Event Terms will mean you consent to and accept those changes. If you do not consent to any changes, you may cease accessing, using, and viewing our Website, applications, and Event, and you may contact us to request the deletion of your personal information.
Severability; Entire Agreement
Please contact us if you have any questions or concerns about our Term of Service or any other terms, conditions, or policies.
11900 Jollyville Rd #200969
Austin, TX 78759
This concludes the Terms of Service