Business Mom Summit 2020

Business Mom Summit 2020 'Additional Terms of Service'

IMPORTANT NOTE: By using this Website and/or purchasing any of The Determined Mom’s Summit Programs, Products and/or Services, you are voluntarily agreeing to these Terms & Conditions, and you are legally agreeing that you have read, understand, and fully consent to the terms below. If you have any questions about any of these Terms & Conditions, please do not hesitate to contact us at [email protected] before using Business Mom Summit’s Website, or purchasing any of our Programs, Products and/or Services. You must be eighteen (18) years old and have the legal ability to agree to these Terms & Conditions; thus, if you are under the age of eighteen (18) or you do not agree to terms below, STOP now, and do not use our website, blog, e-mails, social media, videos, programs, services, and/or products (collectively “Website, Programs, Products, and Services”). By accessing or using Business Mom Summit Website, Programs, Products, and Services in any manner for any reason, you implicitly agree to these Terms and Conditions (“T&C”) below. TERMS AND CONDITIONS & PRIVACY POLICY Please Read Carefully. By purchasing our Programs you (herein referred to as “Client”) agree to the following terms stated herein. AFFILIATE PAYMENTS Affiliates who share their personalized link with potential Summit attendees will receive 30% of the All-Access Pass ticket sales sold to those attendees. All Affiliate sales will be paid out on the 15th of each month following the Summit. Payouts will be paid via PAYPAL and the Affiliate will be required to provide this information in order to receive payouts. PROGRAM/SERVICE The Determined Mom, LLC, host of the Business Mom Summit (herein referred to as “Company”) agrees to provide Programs, Products and/or Services (herein referred to as “Program”) identified in the online commerce shopping cart. The client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

DISCLAIMER Client understands The Determined Mom, LLC (herein referred to as “Host”) and Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. The client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into. METHODS OF PAYMENT Client authorizes the Company to charge Client’s credit card or debit card. REFUND POLICY CONFIDENTIALITY The Company respects the Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. The client agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. The client agrees not to violate the Company’s publicity or privacy rights. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, the Company will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this PROGRAM you agree that if you violate or display any likelihood of violating these terms and conditions the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. NO TRANSFER OF INTELLECTUAL PROPERTY The company’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. The client is not authorized to use any of the Company’s intellectual property for the Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this Program, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this Program, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations. CLIENT RESPONSIBILITY The program is developed for strictly educational purposes ONLY. The client accepts and agrees that the Client is 100% responsible for their progress and results from the Program. The company makes no representations, warranties or guarantees verbally or in writing. The client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that the Client will reach their goals as a result of participation in the Program. Program education and information are intended for a general audience and do not purport to be, nor should it be construed as, specific advice tailored to any individual. The company assumes no responsibility for errors or omissions that may appear in any program materials. INDEPENDENT CONTRACTOR STATUS Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel performs hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder. FORCE MAJEURE In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence. SEVERABILITY/WAIVER If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder. MISCELLANEOUS LIMITATION OF LIABILITY. The client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. The client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting from or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. The company assumes no responsibility for errors or omissions that may appear in any of the program materials. NON-DISPARAGEMENT The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth hereinbelow. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statements of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives. ASSIGNMENT The client may not assign this Agreement without the express written consent of the Company. MODIFICATION The company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified. TERMINATION The company is committed to providing all clients in the Program with a positive Program experience. By purchasing this program, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. The client will still be liable to pay the total contract amount. INDEMNIFICATION Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the program(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. The client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. RESOLUTION OF DISPUTES If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of the Client, the Client is responsible for any and all arbitration and attorney fees. EQUITABLE RELIEF In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction. NOTICES Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: [email protected]. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of The United States. Earnings Disclaimer Every effort has been made to accurately represent this program and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, and techniques. Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas, and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions. Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material. PRIVACY POLICY Disclosure Regarding Collection and Use of Personal Information Last Updated January 1st, 2020 Thank you for visiting the Business Mom Summit. This notice explains our online information collection and use practices and the choices you can make about the way we use and share such information. Please take the time to read and understand this policy so that you can understand how we use your personal information. The Information We Collect. Business Mom Summit collects the following information: First Name, and E-mail We also may collect certain non-personally identifiable information (i.e. generic information that does not identify you personally) when you visit any of our web pages such as the type of browser you are using (e.g., Internet Explorer, Safari, Firefox), the type of operating system you are using, (e.g., Windows or Mac) and the domain name of your Internet service provider. How We Use and Disclose the Information. We will use the personal information you provide online for the purpose(s) you have submitted. Your First Name, Email Address, will be used to send you the summit related content that you request. In addition, we may send you emails offering products or services which we think you may be interested in. If you want us to stop using the personal information you provided in these ways, please click the unsubscribe link on the bottom of any communication from the Business Mom Summit. We may disclose your personally identifiable information in response to subpoenas, court orders, or other legal processes, or to establish or exercise our legal rights or to defend against legal claims. We may also disclose your personally identifiable information when we believe it is necessary or desirable in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, and/or to protect our rights and property. How We Share Your Personal Information. We will not share the personal information you provide except with your explicit permission. Our business needs may change from time to time and we reserve the right to make changes to our Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We will not materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers. Our operations and maintenance contractors sometimes have limited access to your personally identifiable information in the course of providing products or services to the Business Mom Summit. These contractors include vendors and suppliers that provide us with credit card processing, email distribution technology, services, and/or content for the operation and maintenance of our Website. Access to your personally identifiable information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function. We also contractually require that our operations and maintenance contractors 1) protect the privacy of your personally identifiable information consistent with this Privacy Policy, and 2) use or disclose your personally identifiable information for any purpose other than providing us with products and services as required by law. Business Mom Summit is committed to handling your customer information with high standards of information security. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Use and Disclosure of Anonymous Information. We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze how our site is used, as well as to offer you products, programs or services. We may also share aggregate information with others, including affiliated companies and non-affiliated companies. Collection of Information by Others. Our site may contain links to other sites whose information practices may be different than ours. You should check the other sites’ privacy notices since we have no control over information that is submitted to or collected by them. Cookies. To enhance your online experience with us, many of our web pages use “cookies.” Cookies are text files placed on your hard disk by our web server to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us. However, once you choose to provide personally identifiable information, this information may be linked to the data stored in the cookie. Cookies cannot be used to run programs or deliver viruses to your computer. We use cookies as a convenience feature to save you time, to understand how our site is used, and to improve the content and offerings on our site. For example, we may use cookies to personalize your experience at our web pages or recall your specific information on subsequent visits (e.g. to recognize you by name when you return to our site). You can opt to have your browser reject cookies without any effect on your use of our site. If you do that, you may need to re-register with us every time you visit our site in order to participate in certain promotions. You should also know that companies that advertise on our website (and their agents) might use their own cookies. This policy does not cover how these companies use their cookies.

Discussions and Community Tools; Testimonials. You agree that any information you submit to us through [email protected] may be used for promotional purposes. Because of the public nature of some of our services, you should exercise caution when deciding to disclose any personal information. We may also use a limited amount of information, such as first name, last initial and your town and state in marketing materials on the website. Your registration constitutes consent to this use. International Users. If you are visiting Business Mom Summit from a location outside of the United States, your connection will be through and to servers located in the United States, and all information you provide will be processed and securely maintained in our web servers and internal systems located within the United States. By using Business Mom Summit you authorize and specifically consent to the transfer of your personal information to the USA and its storage and use as specified above when you provide such information to us. How You Can Access or Correct Your Personal Information. For instructions on how you can access the personally identifiable information that we have collected about you online, or how to correct any errors in such information, please contact us at [email protected]. To protect your privacy and security, we may take reasonable steps to help verify your identity before granting access or making corrections. Duty To Read I accept that under this agreement, I have a duty to read this sales agreement and disclosure policy, and have done so. Furthermore, I understand and accept that I am precluded from using a lack of reading as a defense against all remedies contained herein.

PRIVACY POLICY Disclosure Regarding Collection and Use of Personal Information Last Updated January 1st, 2020 Thank you for visiting the Business Mom Summit. This notice explains our online information collection and use practices and the choices you can make about the way we use and share such information. Please take the time to read and understand this policy so that you can understand how we use your personal information. The Information We Collect. Business Mom Summit collects the following information: First Name, and E-mail We also may collect certain non-personally identifiable information (i.e. generic information that does not identify you personally) when you visit any of our web pages such as the type of browser you are using (e.g., Internet Explorer, Safari, Firefox), the type of operating system you are using, (e.g., Windows or Mac) and the domain name of your Internet service provider. How We Use and Disclose the Information. We will use the personal information you provide online for the purpose(s) you have submitted. Your First Name, Email Address, will be used to send you the summit related content that you request. In addition, we may send you emails offering products or services which we think you may be interested in. If you want us to stop using the personal information you provided in these ways, please click the unsubscribe link on the bottom of any communication from the Business Mom Summit. We may disclose your personally identifiable information in response to subpoenas, court orders, or other legal processes, or to establish or exercise our legal rights or to defend against legal claims. We may also disclose your personally identifiable information when we believe it is necessary or desirable in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, and/or to protect our rights and property. How We Share Your Personal Information. We will not share the personal information you provide except with your explicit permission. Our business needs may change from time to time and we reserve the right to make changes to our Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We will not materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers. Our operations and maintenance contractors sometimes have limited access to your personally identifiable information in the course of providing products or services to the Business Mom Summit. These contractors include vendors and suppliers that provide us with credit card processing, email distribution technology, services, and/or content for the operation and maintenance of our Website. Access to your personally identifiable information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function. We also contractually require that our operations and maintenance contractors 1) protect the privacy of your personally identifiable information consistent with this Privacy Policy, and 2) use or disclose your personally identifiable information for any purpose other than providing us with products and services as required by law. Business Mom Summit is committed to handling your customer information with high standards of information security. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Use and Disclosure of Anonymous Information. We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze how our site is used, as well as to offer you products, programs or services. We may also share aggregate information with others, including affiliated companies and non-affiliated companies. Collection of Information by Others. Our site may contain links to other sites whose information practices may be different than ours. You should check the other sites’ privacy notices since we have no control over information that is submitted to or collected by them. Cookies. To enhance your online experience with us, many of our web pages use “cookies.” Cookies are text files placed on your hard disk by our web server to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us. However, once you choose to provide personally identifiable information, this information may be linked to the data stored in the cookie. Cookies cannot be used to run programs or deliver viruses to your computer. We use cookies as a convenience feature to save you time, to understand how our site is used, and to improve the content and offerings on our site. For example, we may use cookies to personalize your experience at our web pages or recall your specific information on subsequent visits (e.g. to recognize you by name when you return to our site). You can opt to have your browser reject cookies without any effect on your use of our site. If you do that, you may need to re-register with us every time you visit our site in order to participate in certain promotions. You should also know that companies that advertise on our website (and their agents) might use their own cookies. This policy does not cover how these companies use their cookies.

HeySummit is not responsible for any part of the above Additional Terms and is only responsible for the Core Terms of Service stated hereunder:

HeySummit's Core Terms of Service

These Core Terms of Service (the “User Terms”) govern Your access to or use of the online and hybrid events platform and services generally described at heysummit.com and its associated services (online and offline), products, software, mobile applications, information, networks, distribution channels, components, APIs, and documentation (”Services”) offered or made available by Hey Summit Ltd. or its parents, subsidiaries, and corporate affiliates (“HeySummit” "we" "us" or “Our").

These User Terms and the Community Guidelines incorporated herein by reference, form a legally binding contract between You and us.

Review the Privacy Statement for more information on how we collect and use data relating to the use of Our services and products. The Privacy Statement is a changing policy that is also a part of these User Terms.

1. Who these terms apply to - read carefully!

You are subject to these User Terms (a “User”) if:

You are a “Participant” which is defined as any individual or entity that signs up for, or accesses a HeySummit account, or who attends, participates in, or interacts at, an Event. Examples include without limitation, individual Event attendees and speakers; or
You are a “Team Member” which is defined as any individual or entity that is affiliated with the Host (see below) and that uses or accesses the Services in any way. Examples include without limitation, event managers, agencies, consultants, contractors, sponsors, and exhibitors.

The term “Host” refers to the company, entity, institution, organisation, or individual who is the public facing “brand” of the virtual or hybrid event (“Event”). A Host could be a company, or an individual.

If the Host enters into customer terms with HeySummit, such as the HeySummit’s Platform Terms or other HeySummit customer agreement (including agreements provided to the Host via a referral partner), it is a direct customer of HeySummit.

If the Host is not a direct customer of HeySummit, it typically means that the Host acquired the right to use the Services via a third party reseller or agency, in which case the Host’s use of the Services are governed by its agreement with that reseller or agency.

In each case above, the Host is subject to those separate customer and/or reseller or agency terms, and the Host’s Participants and Team Members are subject to these User Terms; provided however that if You are the individual who is both the Host and the named HeySummit account holder, these User Terms also apply to Your use of the account and Services in Your capacity as a Team Member.

1.1 HeySummit’s role

Events are organised and administered by the Host, not HeySummit. We are a third party providing the Services and its incorporated technology platforms (the “Platform”) to facilitate an Event taking place. For the purpose of this Agreement, the Services includes the Platform.

We are not responsible and cannot be held liable for any matters described in the Host Responsibility section (below).

1.2 Host’s responsibilities

The Host has full control over the running of any Event. This includes the invitee list, when Events are created and how they are configured, and what functionality and third-party integrations are available for use at each Event.

The Host is solely responsible:

if an Event is cancelled;
for how an Event is run;
for ticket and merchandise sales and donation handling;
for marketing activities related to the Event;
for promotions, contests, and sweepstakes offered in connection with the Event;
for informing Participants of any relevant policies and practices and securing agreements and consents with its Participants including but not being limited to additional privacy statements and additional terms of service;
for any content produced or provided;
Ensure that the adequate permission is sought by each and every Participant when creating an account on their behalf and that You act in compliance with GDPR when using the Platform;
for any activities carried out during an Event; and
for monitoring and managing the conduct of Users.

It is solely the Host’s responsibility to respond to and resolve any dispute between the Host and any Participant or Team Member. The Host may also block or revoke a User’s access to its Event at any time and in its sole discretion.

HeySummit’s customer success team and mechanisms may be used to support such resolutions but it will be up to the Host to ensure the relevant information is provided to HeySummit and to troubleshoot an adequate resolution for HeySummit to assist and is therefore still the sole responsibility of the Host.

The Host will remain responsible for any resolution and the support of HeySummit throughout the resolution processes.

2. Right to use HeySummit

2.1. License

Subject to these User Terms, We grant You a limited, non-sublicensable license to access and use HeySummit:

where You are a Team Member, for the internal business purposes of the Host only, to create, organise and host Events on HeySummit; and
where You are a Participant, to attend and participate in Events for Your personal, non-commercial purposes only, subject to any Additional Terms of Service imposed by the Host.

2.2 Restrictions

You agree that You will not (unless You have Our express prior permission):

violate Our Community Guidelines
reproduce, duplicate, copy or resell any part of the Services or related content;
resell, rent, lease, sub-license, loan, provide, distribute, or otherwise make available, Your right to use or access HeySummit or any part of it, in any form, in whole or in part to any person without prior written consent from us or in respect to Event content except as permitted by the Host;
disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of HeySummit or any content on it nor attempt to do any such things, except to the extent permitted by law;
copy, translate, merge, adapt, vary, alter or modify, the whole or any part of HeySummit or any content on it, nor permit HeySummit or any part of it to be combined with, or become incorporated in, any other programs or channels, except as necessary to use HeySummit as permitted in these User Terms;
use HeySummit maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into HeySummit or any operating system;
use HeySummit in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other Users, including by removing, circumventing, damaging or otherwise interfering with security-related features that prevent or restrict use or copying, pasting, printing, downloading or sharing of any content, or that enforce limitations on the use of the Services or related content;
access, collect, harvest or modify any information, content or data related to the Services using any robot, spider, scraper or other automated means or any manual process for any purpose, or attempt to decipher any transmissions to or from the servers running HeySummit;
access, search or create accounts for HeySummit by any means other than Our publicly supported interfaces (e.g. “scraping” or creating accounts in bulk);
access without authority, interfere with, damage or disrupt any part of the Services, any equipment or network on which the Services is stored, any software used in the provision of the Services, or any equipment or network or software owned or used by any third party;
use another user’s information (including email addresses) to contact them outside of HeySummit without their express permission or authority, or to create or distribute mailing lists or other collections of contact or user profile information for other Users for use outside of HeySummit; and
impersonate someone else to create an account, create or use an account for anyone other than Yourself, permit anyone else to use Your account, or provide personal information for purposes of account registration other than Your own.

3. Contributions and Personal Data

3.1

As part of an Event, You may submit or make available certain content, information, and data, such as messages or files (“Contributions”). You are responsible for Your Contributions, and You assume all risks associated with Your Contributions, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure that makes You or anyone else personally identifiable. You represent and warrant that You own or have the necessary rights, consents, and permissions to use and authorise the use of Contributions as described herein. You may not imply that Contributions are in any way sponsored or endorsed by HeySummit.

We are not responsible or liable to You or any third-party for the content or accuracy of any Contributions. We may reject or remove Contributions (such as Contributions that violate these Terms, Our Community Guidelines, or applicable law), but we have no obligation to do so.

If You believe a Contribution infringes Your intellectual property rights, see Our Copyright Infringement Policy in Our Community Guidelines.

3.2 Personal data in Contributions

As between HeySummit and the Host, the Host is the data controller of recordings of Event content, including any of Your personal data embedded therein. We explain Our role as the data processor of such personal data in the Privacy Statement but we strongly encourage You to review the privacy notices and policies of the Host and other participants in the Event as applicable.

We are not responsible for the usage of your personal data by the Host and the Host understands that it is not the responsibility of HeySummit to make the usage by the Host of User’s personal data. HeySummit is solely responsible for their role in processing of personal data as set out by the Privacy Statement.

It is the responsibility of the Host to ensure any additional processing or usage of personal data is made clear to the data subject and explained clearly before conducting the Event.

3.3 Children’s Data

You may not use the Services to collect data directly from children under the age of 13. In respect of any Event attended by children under the age of 13, a parent or legal guardian, as applicable, must register the minor and/or purchase the ticket on their behalf.

3.4 Limited License to Contributions

Solely in connection with Your interaction with the applicable Event, You grant to HeySummit a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual, irrevocable, license to the Contributions to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Contributions in any form, format, media, and channel.

4. Intellectual property rights

All intellectual property rights in the Services throughout the world belong to Us (or Our licensors). You have no intellectual property rights in, or to, the Services other than the right to use it in accordance with these User Terms.

If You provide feedback, comments or suggestions for improvements related to any HeySummit Services or products (in written, oral, or any other form) (“Feedback”), You represent and warrant that You (a) have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) the Feedback does not contain the confidential or proprietary information of any third party or parties. You (i) acknowledge that HeySummit may have something similar to the Feedback already under consideration or in development, and (ii) assign to HeySummit Your entire right, title, and interest (including any intellectual property rights) in and to Feedback. To the extent that any right, title, or interest cannot be assigned under applicable law, You hereby grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any compensation, and waive any right, title or interest and consent to any action of HeySummit, its service providers, successors, and assigns that would violate such right, title, or interest in the absence of such consent. You agree to execute any documents necessary to effect the foregoing assignment, waivers, or consents.

5. Promotional activities

You may promote, administer, or conduct a promotion, contest, or sweepstakes on, through or using Services (a “Promotion”), only if You:

(a) carry out all Promotions in compliance with all applicable laws and regulations, and Our Community Guidelines;

(b) You make expressly clear that the Promotion is Yours and that HeySummit does not sponsor, co-sponsor, endorse or support the Promotion.

You will be solely responsible for all aspects of, and expenses related to, Your Promotion, including, without limitation, the execution, administration, and operation of the Promotion, drafting and posting any official rules, selecting winners, issuing prizes, and obtaining all necessary third-party permissions and approvals.

We have the right to remove Your Promotion from the Platform if we reasonably believe that Your Promotion does not comply with applicable laws or Our Community Guidelines.

6. Limitation of Liability

6.1 Limitation of Liability for all Users who reside outside of the EEA and the United Kingdom

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. HEYSUMMIT WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS; (II) THE USE OF OR INABILITY TO USE THE SERVICES; (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE SERVICES; (IV) ANY AND ALL USES OF THE SERVICES; AND/OR (V) YOUR MISCONDUCT OR NEGLIGENT USE OF THE SERVICES, OR THE NEGLIGENCE OR MISCONDUCT OF A THIRD PARTY WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL HEYSUMMIT’S AGGREGATE LIABILITY ARISING OUT OF, RELATING TO YOUR RELATIONSHIP WITH HEYSUMMIT, THESE TERMS, YOUR USE OF THE SERVICES, EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO HEYSUMMIT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENT HAS BEEN MADE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HEYSUMMIT AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY IN ALL OTHER CIRCUMSTANCES.

6.2 Limitation of Liability for all Users who reside in the EEA and the United Kingdom

If we fail to comply with these User Terms, we are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these terms or Our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted these User Terms, both we and You knew it might happen.

6.3 Disclaimer of Warranties

The Services are provided for general information and entertainment purposes only. It does not offer advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from HeySummit.

THE SERVICES ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS AND YOU USE IT SOLELY AT YOUR OWN RISK. HEYSUMMIT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONALITY OF ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS, INTERRUPTIONS OR INACCURACIES. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY HEYSUMMIT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Therefore, WITHOUT LIMITING THE RELEASE OF LIABILITY:

to the fullest extent permissible by law, HeySummit hereby disclaims and make no representations, warranties, endorsements, or promises, express or implied, as to: (i) the services (including Contributions); (ii) the functions, features, or any other elements on, or made accessible through, the services, including whether the services will be available at any particular time or location; (iii) whether information or instructions offered or referenced at or linked through the services is accurate, complete, correct, adequate, useful, timely, or reliable; (iv) whether the services or the servers that make the services available are free from any harmful components; and (v) whether Your use of the services is lawful in any particular jurisdiction.
THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. HEYSUMMIT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL HEYSUMMIT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND OR INJURIES ARISING FROM THE SERVICES; AND
YOU HEREBY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED BY LAW, HEYSUMMIT IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, (C) YOUR BREACH OF THESE USER TERMS AND/OR YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE, (D) ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU OR ANY THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF VARIOUS WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.

6.4 Please back-up Your Contributions and personal data

While we have taken reasonable security measures, we recommend that You regularly back up any content and data used in connection with the Services. HeySummit is not responsible for the loss of personal data or Contributions that you may from time to time store or keep saved on the Platform.

6.5 Check that the Services are suitable for You

The Services have not been developed to meet Your individual requirements. Please check that the facilities and functions of HeySummit meet Your requirements.

6.6 We are not responsible for events outside Our control

If the provisioning of the Services is delayed by an event outside Our control, we will contact You as soon as reasonably possible to let You know and we will take steps to minimize the effect of the delay. Provided we have acted reasonably in letting You know about the delay where it is possible for us to do so, we will not be liable for delays caused by the event.

6.7 We are not responsible for third party websites and services

The Services may contain links or referrals to third party and other independent websites and services which are not provided by Us. Such websites and services are not under Our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make Your own independent judgement about whether to use them, including whether to buy any products or services offered by them.

If You, on your own accord choose to enter into an agreement with any third party regardless of whether they were recommended by HeySummit or not; You are solely responsible for applying your independent judgement and making your own decision to enter into any contract or arrangement with that third party.

7. Termination

7.1 You may terminate these User Terms at any time by deleting Your HeySummit User account.

7.2

We can, in Our sole discretion, terminate these User Terms and/or Your right to access or use HeySummit at any time, without notice, for any reason, including where we reasonably consider that (a) Your use of the Services violates these User Terms or applicable law; or (b) we are unable to continue providing HeySummit to You due to technical or legitimate business reasons. In the event of such termination:

HeySummit revokes any licenses granted to You hereunder;
You must stop all activities authorised by these User Terms, including Your use of HeySummit.
You must delete or remove HeySummit from all devices in Your possession and immediately destroy all copies of HeySummit which You have and confirm to us that You have done this.
We may take all steps necessary to prevent You from accessing or using HeySummit including suspending Your HeySummit User account.

8. Technical requirements

In order to use HeySummit, it is necessary that You have a device that allows You access to the Internet, and an email. In order for certain functionalities and features to work properly, a camera or microphone and a headset or loudspeaker must be on and not used by another application. You expressly acknowledge and agree that we are not responsible for satisfying the foregoing requirements, and that the quality of messages, information or files sent, posted, streamed, published or otherwise transmitted using HeySummit may differ from the uploaded stream or file, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of HeySummit.

9.Other important terms

9.1 Contacting us

If You are having any issues using the Services, get in touch with the Customer Success team.

If we have to contact or notify You, we will do so by the contact information You provided us or via notification on the Platform or other reasonable method.

9.2 Updates to HeySummit

From time to time we may automatically update and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We will not need Your consent to do this, and Your continued use of the Services following the update will be subject to these User Terms.

9.3 If someone else owns the phone or device You are using

If You stream HeySummit onto any phone, laptop, desktop or other device not owned by You, You must have the owner's permission to do so. You will be responsible for complying with these User Terms, whether or not You own the phone or other device.

9.4 Changes to these User Terms

We may change these User Terms to reflect changes in law or best practice, or to address changes in Our Services. If You do not accept the changes, You are not permitted to continue using the Services.

9.5 Assignment and Transfer

We may transfer or assign Our rights and obligations under these Terms to an affiliated party of HeySummit or third party, with or without notice to You. You may not transfer Your rights and obligations under these Terms to someone else without Our prior written consent.

9.6 If a court finds part of this agreement illegal, the rest will continue in force

Each of the paragraphs of these User Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

9.7 Even if we delay in enforcing this agreement, we can still enforce it later

Even if we delay in enforcing these User Terms, we can still enforce it later. If we do not insist immediately that You do anything You are required to do under these User Terms, or if we delay in taking steps against You in respect of Your breaking this agreement, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date.

9.8 Which laws apply to this contract and where You may bring legal proceedings

These User Terms are governed by English law, and You can bring legal proceedings in respect of the products in the English courts only.