Terms & Conditions

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Fontainebleau Miami Beach” headline_size=”medium” dash=”bottom” subheadline=”” el_class=”” el_style=””][/bt_header][/bt_column][/bt_row][/bt_section][bt_section layout=”boxed” top_spaced=”topSemiSpaced” bottom_spaced=”not-spaced” skin=”inherit” full_screen=”no” vertical_align=”btBottomVertical” divider=”no” back_image=”” back_color=”” back_video=”” video_settings=”” back_video_mp4=”” back_video_ogg=”” back_video_webm=”” parallax=”” parallax_offset=”” animation=”” animation_back=”” animation_impress=”” el_id=”” el_class=”” el_style=””][bt_row][bt_column width=”1/1″][bt_header superheadline=”MARKETCOUNSEL SUMMIT” headline=”Terms & Conditions” headline_size=”large” dash=”bottom” subheadline=”” el_class=”” el_style=””][/bt_header][/bt_column][/bt_row][bt_row][bt_column width=”1/1″][bt_hr top_spaced=”topExtraSmallSpaced” bottom_spaced=”bottomSemiSpaced” transparent_border=”noBorder” el_class=”” el_style=””][/bt_hr][bt_text]

Terms and Conditions of Attendance and Participation

These are the terms and conditions (the “Agreement”) which govern your attendance at and participation in the MarketCounsel Summit 2019 (the “Summit”).  By registering to attend the Summit, you agree to this Agreement, which forms a binding legal contract between MarketCounsel Productions, LLC (“MarketCounsel”) and the registered attendee (“Attendee”, “you” or “your” as the context dictates).  Registration to attend the Summit is by invitation only.  All registration requests are subject to verification by MarketCounsel, which may include requests for additional information.  You will receive an email confirmation upon MarketCounsel’s acceptance of your registration.  MarketCounsel reserves the right to decline any registration request for any lawful reason whatsoever.

If you are registering on behalf of another individual or individuals, it is your responsibility to ensure the person attending is aware of Terms and Conditions of Attendance and Participation and accepts them.  By completing the registration on behalf of another individual or individuals, you are warranting that you have (a) made the Attendee aware of these terms, (b) that they have accepted these terms; and (c) that you are authorized to bind them to this Agreement.

Admittance:  Your registration entitles you admission to the Summit.  Any and all other costs associated with your attendance (including, without limitation, travel and accommodation expenses) shall be borne solely by you, and MarketCounsel shall have no liability for such costs.

Use of Likeness:  By attending the Summit you acknowledge and agree to grant MarketCounsel the right to record, film, photograph, or capture your likeness at the Summit 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 MarketCounsel 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.  You hereby expressly release MarketCounsel, and its assigns, agents and employees from all privacy, defamation or other claims, demands, and liabilities whatsoever in connection with the use of any of the above.

Privacy:  The information you provide to MarketCounsel will be safeguarded by MarketCounsel who may use it to keep you apprised of Summit developments and informed of relevant products and services.  Summit Attendee’s names, their firms, and limited contact information may be disseminated in various forms.  MarketCounsel does not share any nonpublic personal information with any nonaffiliated third parties, except in the following circumstances: (1) disclosure to companies that provide services necessary to effect a transaction that you request or to service your account; and (2) disclosure to government agencies, courts, parties to lawsuits, or regulators in response to subpoenas.  In such cases, MarketCounsel will share only the information that it is required or authorized to share.

Event Content:  You acknowledge and agree that MarketCounsel, in its sole discretion, reserves the right to change any and all aspects of the Summit, including but not limited to, the themes, content, program, speakers, performers, hosts, moderators, and scheduled times.

Attendee Badge Usage:  Attendees may be asked to present photographic identification upon arrival at the Summit and must display valid Summit name badges for access to all sessions and Summit events.  The badge shall be worn only by the named Attendee and is not transferrable.  Attendee shall report any lost badge immediately to MarketCounsel staff.

Conduct:  Attendee will comply with all applicable laws, rules and regulations, as well as the rules and requirements of the venue(s) hosting the Summit.  Attendee will at all times during the Summit behave professionally and in a courteous manner.  Failure to comply with this policy, or any other policy of MarketCounsel or the Summit may subject Attendee to expulsion from the Summit, at MarketCounsel’s sole and absolute discretion.  In such event, Attendee shall not be entitled to any refund of the Attendance Fee (as defined below) or any and all other costs associated with attendance.

Photography, Recording, Live Streaming, and Videotaping:  Attendee may take photographs at the Summit for personal use including posting to social media. Attendee may not record or broadcast audio or video of sessions at the Summit without MarketCounsel’s express written permission.

General:  In addition to the requirements and prohibitions set forth herein, MarketCounsel may exclude any prospective attendee from registering to attend the Summit.  MarketCounsel reserves the right to cancel any attendee’s registration at MarketCounsel’s sole discretion.  If an attendee’s registration is cancelled for violation of any of the, prohibition or requirement set forth herein, MarketCounsel may retain the Attendance Fee.

Fees:  Attendee shall be responsible to pay all amounts due to MarketCounsel upon registration for the Summit (the “Attendance Fee”).  MarketCounsel reserves the right to deny access to the Summit to Attendee in the event Attendee has not paid the Attendance Fee in full prior to commencement of the Summit or otherwise has any outstanding balance with MarketCounsel or any of its affiliated companies.

Attendee Cancellation:  There shall be no refund of the Attendance Fee other than as follows:
75% refund of the Attendance Fee paid if canceled prior to ninety (90) days before the Summit; 50% refund of the Attendance Fee paid if canceled between ninety (90) days and thirty (30) days before the Summit; or 25% credit to apply to a subsequent MarketCounsel event if canceled within thirty (30) days of the Summit.  Such credit shall be valid for thirteen (13) months from the date of the Summit.  In the event that an Attendee has registered using a complimentary pass, the following cancellation fee applies: $250 cancellation fee if canceled prior to ninety (90) days before the Summit; $500 cancellation fee if canceled between ninety (90) days and thirty (30) days before the Summit; $750 cancellation fee if if canceled within thirty (30) days of the Summit; and $1,000 cancellation fee if Attendee has not canceled in advance and does not attend.  All cancellations must be made in writing to events@marketcounsel.com.  No other form of notice will be deemed valid.

Summit Cancellation: MarketCounsel may cancel, postpone or change the venue or dates of the Summit at its own discretion.  If that occurs, Attendee may cancel its registration, without penalty, and receive a refund of any registration fees paid.

Disclaimer of Warranties, Limitation of Liability, Disclaimer of Damages:  MarketCounsel assumes no liability for any loss, damage, or injury to any property of the Attendee, whether attributable to accident, fire, water, theft, or any other cause whatsoever.  MarketCounsel provides no warranties with respect of any aspect of the Summit, the protection and safety of the Attendee or any guests, the protection of the property, or any materials related thereto or offered at the Summit 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.  MarketCounsel assumes no liability for any loss, damage, or injury to any property of the Attendee or their guests, whether attributable to accident, fire, water, theft, or any other cause whatsoever.  Attendee assumes full responsibility and agrees to indemnify and hold harmless MarketCounsel and the event facilities (including their respective ownership, management, employees and agents) against any and all claims or liability of any nature whatsoever arising from the activities (or omissions) of the Attendee in connection with the Summit.  The Summit is provided on an “as-is” basis.  Neither MarketCounsel nor its officers, employees or affiliates accept any responsibility or liability for reliance by you or any person on any aspect of the Summit or any information provided at the Summit.  Except as required by law, neither MarketCounsel nor its officers, employees or affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Summit or other aspect related thereto or in connection with this Agreement.  The maximum aggregate liability of MarketCounsel for any claim in any way connected with, or arising from, the Summit or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to MarketCounsel under this Agreement.

General Provisions:  MarketCounsel’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.  MarketCounsel shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MarketCounsel’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 MarketCounsel’s prior written consent.  This Agreement shall be governed by the laws of the State of New Jersey and the parties shall submit to the exclusive jurisdiction of the New Jersey courts.  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 relationship is created as a result of this Agreement and you acknowledge that this Agreement does not furnish you with any authority of any kind to bind MarketCounsel in any respect whatsoever.

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