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Terms & Conditions

The following terms and conditions (together with any documents incorporated herein by reference, the “Terms of Service”) form a legal agreement between you and Ncontracts, LLC (“Ncontracts” “we” and “our”) that will govern your attendance of and participation in the Ngage and/or Nstruct user conferences hosted by Ncontracts (the “Conference”), including but not limited to (i) your access to and use of information, data, text, software, music, sound, photographs, graphics, video, messages, links to websites, or other content generated by or distributed through the Conference (“Conference Content”); (ii) your access to and use of interactive features, applications, messaging tools, or other means of communication provided to you as part of the Conference (“Conference Media”); and (iii) any communications, comments, questions, answers, suggestions, input, ideas, feedback or any related materials made or submitted by you during the Conference or through the use of Conference Media (“User Content”).

Ncontracts may modify and/or update these Terms of Service from time to time in our sole discretion. All such changes to these Terms of Service shall be effective immediately upon publication and apply to your participation in the Conference thereafter. Your continued attendance of the Conference, or your continued use of Conference Content and Conference Media, after modifications to the Terms of Service have been posted shall indicate your agreement to the Terms of Service as so modified.

BY ATTENDING THE CONFERENCE and/or USING CONFERENCE CONTENT OR CONFERENCE MEDIA, YOU (as “User”) ACCEPT AND AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ATTEND THE CONFERENCE AND ARE NOT PERMITTED TO USE, CONTRIBUTE, OR OTHERWISE ENGAGE WITH ANY CONTENT GENERATED BY OR DISTRIBUTED THROUGH THE CONFERENCE.
THE CONFERENCE IS OFFERED FOR AND AVAILABLE ONLY TO USERS WHO (I) HAVE REGISTERED TO ATTEND THE CONFERENCE (II) ARE AT LEAST EIGHTEEN (18) YEARS OF AGE OR OLDER, AND (III) RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES. BY ATTENDING THE CONFERENCE AND ACCESSING ANY CONTENT PROVIDED THROUGH THE CONFERENCE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH NCONTRACTS AND THAT YOU MEET THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, YOU MUST NOT ATTEND THE CONFERENCE OR ACCESS ANY CONTENT PROVIDED THROUGH THE CONFERENCE.

Ncontracts provides the Conference (including without limitation all Conference Content and Conference Media) solely for use within the United States. We make no claims that the Conference or any of its content is accessible or appropriate outside of the United States. Access to the Conference may not be legal by certain persons and/or in certain countries. If you access the Conference from outside the United States, you do so on your own initiative and you are solely responsible for compliance with local laws.

1) Registration. In order to attend the Conference, you must register on the Conference website by authenticating with your login credentials. You agree to treat your login credentials as confidential, and you must not disclose such credentials to any other person or entity, or provide any other person with access to the Conference or portions of it using your username, password, or other security credentials and information. You may not (a) impersonate any other person, (b) use a name subject to the rights of any other person without authorization. You agree to (i) provide true, accurate, current and complete information as prompted by the registration process (collectively, the “Registration Data”). All Registration Data and certain other information about you, as well as all communications you may receive from Ncontracts during and in connection with the Conference, are subject to Ncontracts’ Privacy Policy , which is incorporated into these Terms of Service by reference as though set forth fully herein. You agree that all information you provide to register with the Conference or otherwise, including, but not limited to, through the use of any interactive features, is governed by our Privacy Policy, and you hereby consent to all actions we take with respect to your information consistent with such policy.

2) Intellectual Property Rights. The Conference and its entire contents, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, (collectively, the “Conference IP”) are owned by Ncontracts, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Moreover, the company name “Ncontracts, LLC”, “Ncontracts,” and all related names, logos, product and service names, designs, and slogans are trademarks of Ncontracts or its affiliates or licensors. You may not use such marks without Ncontracts’ express prior written permission. No right, title, or interest in or to the Conference IP is transferred to you, and all rights not expressly granted are reserved by Ncontracts. Any use of the Conference IP not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws. These Terms of Service permit you to use the Conference IP for your internal business and personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content of the Conference in violation of a third party’s rights; provided, however, that your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing Conference IP, and you may store files that are automatically cached by your web browser for display enhancement purposes. You must not modify copies of any materials from the Conference, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Conference.

3) Your Duty of Care. Ncontracts recognizes that the safety of all attendees at the Conference is a top priority. Ncontracts is committed to following CDC, local government agencies and the venue’s COVID-19 health and safety guidelines for hosting in-person events. By attending the Conference, you agree to comply with all COVID-19 health and safety guidelines adopted by Ncontracts or as directed by the venue or government authority with jurisdiction where the event is located. You acknowledge that your acceptance of these Terms of Service includes this Duty of Care as a condition of your attendance of, and participation in, the Conference.

4) User Content. As part of the Conference, Ncontracts may provide access to event applications, messaging tools/forums, and other interactive features that allow Users to upload, post, submit, publish, display, or transmit User Content, as defined above, on or through Conference Media. All User Content is the sole responsibility of the User who originates such User Content. This means that you, and not Ncontracts, are entirely responsible for all User Content that you upload, post, transmit, publicly display, or otherwise publish through Conference Media, including personally identifying information, and that you, not Ncontracts, have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the accuracy of any User Content shared by you or any other user of the Conference. Any User Content that you produce or display through Conference Media will be considered non-confidential and non-proprietary as between you and Ncontracts (and Ncontracts’ licensees, successors, suppliers). By providing any User Content through Conference Media, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (i) you own or control all rights in and to the User Content that you make available on the Conference and have the right to grant the license granted above to us and our licensees, successors, and assigns, and (ii) all of the User Content that you make available on the Conference will at all times comply with these Terms of Service. We reserve the right to disclose your identity or other relevant information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or privacy rights. Please be aware that if you post personal information online that is accessible to other Users, you may receive unsolicited messages from such Users. Ncontracts does not control User Content by you or other Users and, as such, does not endorse, verify, or guarantee the accuracy, integrity or quality thereof. By using the Conference, you may be exposed to User Content that is offensive, indecent, harmful, inaccurate, deceptive, or objectionable. Under no circumstances will Ncontracts be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of any User Content uploaded, posted, transmitted, displayed, or otherwise communicated by you through Conference Media. You agree that you are solely responsible for all risks associated with the use of and/or exposure to any User Content, including any reliance by you on the accuracy, completeness, or usefulness of such User Content.

5) Restrictions on User Content. You may share User Content only for lawful purposes and in accordance with these Terms of Service. You agree not to upload, post, transmit, publicly display, or otherwise publish any User Content that, among other things:

a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);

b) is offensive or promotes racism, bigotry, hatred or physical harm against any group or individual;

c) harasses or advocates harassment of another person or is abusive, vulgar, or profane;

d) exploits people in a sexual or violent manner;

e) contains nudity, sexually suggestive imagery, pornography, pedophilia, incest, bestiality, excessive violence, offensive subject matter, or a link to an adult website;

f) solicits personally identifiable information from anyone under eighteen (18) years of age or otherwise harms minors in any way, including but not limited to exploiting or harming, or attempting to exploit or harm, minors by exposing them to inappropriate content;

g) publicly displays information that poses or creates a privacy or security risk to any person;

h) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, indecent, offensive, inflammatory, defamatory or libelous, or otherwise objectionable;

i) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated video or links to pirated video files;

j) constitutes unsolicited or unauthorized advertising or solicitation, promotional materials, “junk mail,” “chain letters,” instant messaging, “spimming,” “spamming,” or “pyramid schemes”;

k) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);

l) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, without limitation, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone’s privacy, or providing or creating computer viruses;

m) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

n) involves commercial activities and/or sales without prior written consent from Ncontracts such as contests, sweepstakes, barter, advertising, or pyramid schemes;

o) includes any information, photograph, or video of another person that you have posted without that person’s consent;

p) is misleading or deceptive, including falsely stating or otherwise misrepresenting your affiliation with a person or entity, to include impersonating or attempting to impersonate Ncontracts, an Ncontracts employee, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);

q) infringes or violates any patent, trademark, trade secret, copyright, privacy right, publicity right, contract right, or any other intellectual property or other rights of any third party;

r) violates the legal rights (including but not limited to the rights of publicity and privacy) of others or contains any material that could give rise to civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms of Service and our Data and Privacy Policy.

s) you do not have a right to make available under any law or under contractual or fiduciary relationships; or

t) contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.

u) suggests or encourages actions that violate Ncontracts' Terms of Service.

6) Ncontracts’ Involvement.

a) Ncontracts reserves the right to withdraw or amend any service or material we provide on or through the Conference, at any time in our sole discretion without prior notice.

b) Ncontracts reserves the right (without the obligation) to monitor, pre-screen, reject, remove, edit or take any other action with respect to any User Content for any reason in its sole discretion and without notice, as permitted by law. Ncontracts assumes no responsibility for monitoring the Conference for inappropriate User Content or conduct. If at any time Ncontracts chooses, in its sole discretion, to monitor User Content, Ncontracts nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of any User submitting User Content.

c) Ncontracts reserves the right to investigate and take appropriate legal action against anyone who, in Ncontracts’ sole discretion, violates the Terms of Service, including without limitation, removing the offending Content from Conference Media, reporting a User to law enforcement authorities, and terminating or suspending a User’s right to attend the Conference or access Conference Media. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Conference. YOU WAIVE AND HOLD HARMLESS NCONTRACTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NCONTRACTS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NCONTRACTS OR LAW ENFORCEMENT AUTHORITIES.
d) Ncontracts will not be liable if, for any reason, all or any part of the Conference is unavailable at any time or for any period. From time to time, Ncontracts may restrict User access to the Conference, in whole or part.

7) Reliance on Information Posted. User Content and all other information presented on or through the Conference is made available solely for general information purposes. NCONTRACTS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF USER CONTENT OR ANY OTHER INFORMATION DISPLAYED AS PART OF THE USER CONFERENCE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK AND YOUR RESPONSIBILITY. WE EXPRESSLY DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY LOSS OR DAMAGES, DIRECT OR INDIRECT, ARISING FROM ANY RELIANCE PLACED ON THE ACCURACY, COMPLETENESS, OR USEFULLNESS OF SUCH INFORMATION BY YOU OR ANY OTHER VISITOR TO THE USER CONFERENCE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. All statements and/or opinions expressed or published on or through the Conference, other than the content provided directly by Ncontracts, are solely the opinions and the responsibility of the person or entity expressing or publishing such statements and opinions.

8) License; Use Rights. Ncontracts (or its licensors) grants you a personal, limited, non-transferable and non-exclusive right and license to access the Conference Content and Conference Media, which right and license are and shall at all times remain revocable by Ncontracts for any reason and without notice. Access to the Conference Content and Conference Media does not provide or grant to you or any other person any permissions or rights to any Ncontracts product, service, or other asset.

9) Proprietary Rights to User Content.

a) You understand and agree that your User Content will become the non-exclusive property of Ncontracts, regardless of the form in which it is delivered, and you grant Ncontracts a perpetual, irrevocable, worldwide, unrestricted license to any intellectual property rights in any form and/or of any type that are or may at some future time be associated with the User Content. You further agree that Ncontracts may use all or part of your User Content or any derivative thereof in any manner or media without any remuneration, compensation, or credit to you.

b) You represent, warrant, and promise that your participation at the Conference, including your posting or transmitting of User Content, does not and will not infringe upon, misappropriate, or otherwise violate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, or any other rights of any person or entity.

c) Ncontracts cannot guarantee that other Users will not use your User Content for their own personal or commercial benefit. YOU SHOULD NOT POST ANY USER CONTENT THAT YOU WISH TO KEEP CONFIDENTIAL OR DO NOT WANT OTHERS TO USE. NCONTRACTS WILL NOT CONSIDER ANY USER CONTENT TO BE CONFIDENTIAL OR PROPRIETARY. NCONTRACTS IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT DISTRIBUTED BY YOU THROUGH THE USER CONFERENCE.

d) If you believe that any Content or other material provided through the Conference, including through a link, infringes your copyright, you should notify Ncontracts of your infringement claim in accordance with the procedure set forth below in Section 21 of these Terms of Service.

10) Feedback. Ncontracts welcomes suggestions, comments, or other feedback about its products and services (e.g., regarding their utility, reliability, or performance) and your user experience with the same, as well as any bug-fixes, features, functionality, improvements, or enhancements you would like to see in future versions or iterations of such products and/or services (collectively, “Feedback”). You agree that in the event you provide Feedback to us, whether through the Conference, email, telephone, or otherwise, that such Feedback is and will be given entirely voluntarily and will not create any confidentiality obligations for Ncontracts, even if designated as confidential. You represent and warrant that you will not provide any Feedback that you know or have reason to believe might infringe any third-party intellectual property rights or misappropriate any third-party confidential information or trade secrets. Except as expressly stated above, any Feedback you provide will be considered to be provided "as is" without any warranty or condition of any kind, whether express or implied. You hereby grant to Ncontracts a worldwide, non-exclusive, perpetual, irrevocable, directly and indirectly sub-licensable, royalty free right and license to exploit the Feedback in any manner and for any purpose in Ncontracts’ sole discretion, without any attribution or compensation being owed to you, including without limitation the right to make (or have made), develop (or have developed), modify (or have modified), reproduce (or have reproduced), use (or have used), import or export (or have imported or exported), offer for sale or sell (or have offered for sale or have sold), license (or authorize others to license), and distribute or otherwise dispose of (directly and indirectly) as part of any of Ncontracts’ or its affiliates’ business, technology, products or services, as well as to grant others the right to do any of the foregoing.

11) Conference Content. The Conference may contain information, data, text, software, music, sound, photographs, graphics, video, messages, links to web sites, or other materials (“Conference Content”) provided by Ncontracts or third parties (“Content Suppliers”). Ncontracts is not responsible or liable, directly or indirectly, for any Conference Content or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Conference Content. Ncontracts is under no obligation to pre-screen Conference Content. As between Ncontracts and you, all right, title and interest in and to any Conference Content (including Conference IP) will remain the sole property of Ncontracts. You may not copy, use, or incorporate any of the Conference Content, including any marks, graphics, logos, scripts, and sounds are trademarks, into any other work or use such Conference Content in any other public or commercial manner.

12) Indemnification. Ncontracts is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User. You hereby agree to indemnify, defend, and hold harmless Ncontracts, and Ncontracts’ suppliers (including Content Suppliers), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of (a) your User Content and/or your violation of these Terms of Service, (b) your breach of any representations, warranties or covenants in these Terms of Service, (c) your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party. Ncontracts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

13) Optional Conference Activities – Release. During the Conference, you may choose to participate in certain optional activities that may pose some inherent risk to person or property (“Activity”). You acknowledge that you may need to execute additional releases or documents before such participation. You acknowledge that there is risk involved to your person, property, and/or to others by participating in such Activity, and you hereby agree to assume all such risk. Accordingly, you further agree to completely and irrevocably release and forever discharge Ncontracts and its parent companies, subsidiaries, affiliates, divisions, directors, officers, employees, representatives, attorneys, agents, successors, predecessors and assigns from all actions, causes of action, suits, claims, demands, or any action of similar nature whatsoever, in law or equity, that you ever had, now have, or shall ever exist that arose from or is related to the Activity. You agree to hold Ncontracts harmless from all actions, causes of action, suits, claims, demands, or any action of similar nature whatsoever, in law or equity, that you ever had, now have, or hereafter may have that arose from or is related to the Activity. You hereby warrant and represent to Ncontracts that (i) you have not sold, transferred, assigned, mortgaged, or otherwise alienated any of the claims released through the foregoing provisions; (ii) that no person other than you has an interest in any such claim; and (iii) that you have full power and authority to do so. This Release shall survive the termination or expiration of these Terms of Service.

14) Disclaimer of Warranties; Limitation of Liability.

a) YOUR ACCESS TO AND PARTICIPATION AT THE USER CONFERENCE IS AT YOUR SOLE RISK. NCONTRACTS AND NCONTRACTS’ SUPPLIERS (INCLUDING CONTENT SUPPLIERS) PROVIDE THE USER CONFERENCE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH THE USER CONFERENCE, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NCONTRACTS AND NCONTRACTS’ SUPPLIERS (INCLUDING CONTENT SUPPLIERS) MAKE NO WARRANTY THAT (i) THE USER CONFERENCE WILL MEET YOUR REQUIREMENTS, (ii) THE USER CONFERENCE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND (iii) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE USER CONFERENCE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE USER CONFERENCE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER LOSS SUFFERED AS A RESULT OF THE DOWNLOAD OF ANY SUCH MATERIAL.

b) IN NO EVENT WILL NCONTRACTS OR ANY OF NCONTRACTS’ SUPPLIERS OR LICENSORS (INCLUDING CONTENT SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE USER CONFERENCE, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USER CONFERENCE OR THESE TERMS OF USE, EVEN IF NCONTRACTS OR ANY OF NCONTRACTS’ SUPPLIERS (INCLUDING CONTENT SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NCONTRACTS’ AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE USER CONFERENCE OR THESE TERMS OF USE EXCEED $0. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

c) TO THE FULLEST EXTENT PROVIDED BY LAW, NCONTRACTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE USER CONFERENCE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE USER CONFERENCE OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR THROUGH. YOUR USE OF CONFERENCE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE USER CONFERENCE IS AT YOUR OWN RISK. THE USER CONFERENCE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE USER CONFERENCE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NCONTRACTS NOR ANY PERSON ASSOCIATED WITH NCONTRACTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE USER CONFERENCE. WITHOUT LIMITING THE FOREGOING, NEITHER NCONTRACTS NOR ANYONE ASSOCIATED WITH NCONTRACTS REPRESENTS OR WARRANTS THAT THE USER CONFERENCE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE USER CONFERENCE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USER CONFERENCE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE USER CONFERENCE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, NCONTRACTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15) Termination and Restriction of Access. Ncontracts reserves the right, at any time, in its sole and absolute discretion, to modify, or discontinue, temporarily or permanently, your access to the Conference, Conference Content, or Conference Media, with or without prior notice or explanation, and without liability.

16) CHANGES TO THE TERMS OF SERVICE. Ncontracts reserves the right to change the terms, conditions, and notices under which it offers the Conference at any time and without notice. You are solely responsible for reviewing any updates and/or changes to these Terms of Service and any associated changes. If you do not agree to any future changes made by Ncontracts, your sole and exclusive remedy is to discontinue access to the Conference and any use of Conference Content.

17) Choice of Law, Forum Selection, Dispute Resolution, Limitation of Time to File. All matters relating to the Conference and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Conference shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in Nashville, Davidson County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. At Ncontracts’ sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Conference, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Tennessee law. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE USER CONFERENCE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THAT SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18) Entire Agreement; Severability. These Terms of Service, including any and all terms incorporated into these Terms of Service by reference, constitute the entire legal agreement governing your use of the Conference, and supersede any prior agreements or understandings between you and Ncontracts with respect to the subject matter hereof; provided, however, that these Terms of Service in no way affect or modify any service agreement or other agreement now or later in effect between you and Ncontracts. These Terms of Service operate to the fullest extent permissible by law. If any provision of these Terms of Service is held to be unlawful, void, or unenforceable, the parties agree that the provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions.

19) Survival. The provisions of these Terms of Service, which by their nature should survive cancellation or deletion of your Account, shall survive such cancellation or deletion.

20) California Consumer Notice. Under California Civil Code Section 1789.3, California users of the Conference are entitled to the following consumer rights notice. The Conference is provided by Ncontracts, LLC, 214 Overlook Circle, Suite 152, Brentwood, Tennessee 37027, which may be reached by telephone at (888) 370-5552. If you have questions or complaints regarding the Conference, please contact support@ncontracts.com. You may also contact us by writing to Ncontracts, LLC, 214 Overlook Circle, Suite 152, Brentwood, Tennessee 37027 or by telephone at (888) 370-5552. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

21) Copyright Notices, Comments, and Concerns. The Conference is operated by Ncontracts, LLC, 214 Overlook Circle, Suite 152, Brentwood, Tennessee 37027.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Conference should be directed to: support@ncontracts.com.

For inquiries or questions regarding these Terms of Service or the Conference, please contact us at help.ncontracts.com

 

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Privacy Policy

Ncontracts, LLC (“Ncontracts,” “we,” or “us,”) is committed to protecting your privacy. This Privacy Policy describes the types of data we collection, as well as the manner in which we use such data, in order to provide services to registrants, attendees, and guests of our user conferences (the “Conference”). This Privacy Policy also describes your rights regarding our use of your data.
By visiting our website, registering for the Conference, or using services provided to you as part of the Conference (collectively, the “Services”), you hereby consent to the collection, use, disclosure and storage of your information and other information received by us as a result of such use of the Services in accordance with this Privacy Policy, and as permitted or required by applicable law. If you do not agree with the terms of this Privacy Policy, you should immediately stop using or accessing the Services.

Collection of your Personal Information

Ncontracts may collect the following types of information from you.

1. Information you provide to us directly: Ncontracts may collect personally identifiable information from you through registration for the Conference and through services provided by Ncontracts in connection with the Conference, such as your name, email address, postal address, telephone number. Ncontracts may also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
Please not that if you directly disclose personally identifiable information or personally sensitive data through Ncontracts’ public message boards, forums, messaging applications, and other channels of communication made available to you through the Conference, this information may be collected and used by others.

2. Information we may collect and/or receive from third parties: We may collect information about you from third-party business partners, publicly available sources, and our subsidiaries and affiliates.

3. Analytics Information: We may directly collect information for analytical use to help us measure traffic and usage trends for the Services.

4. Log file information: There is also information about your computer hardware and software that may be automatically reported and recorded when you visit a web page or other content provided through Conference-related services. This information can include your IP address, browser type, domain names, access times, and referring website addresses. This information is used by Ncontracts to monitor operation of the service, maintain service quality, and provide general statistics regarding use of the website.

5. Use of Cookies: When you visit any website used to host or deliver Conference-related content or services, we may use “cookies” to enhance and personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server, which uniquely identifies your browser and allows us to enhance your navigation through Conference-related content and services. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Ncontracts pages, or register with Ncontracts’ website or services, a cookie helps Ncontracts to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Ncontracts website, the information you previously provided can be retrieved, so you can easily use the Ncontracts features that you customized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Conference or applications used to host the Conference.

6. With consent: We may use your information for any other purpose for which you consent.
Ncontracts encourages you to review the privacy statements of any websites you choose to link so that you can understand how those websites collect, use, and share information. Ncontracts is not responsible for the privacy statements or other content posted on websites outside the family of the website(s) used to provide the Conference.
Use of your Personal Information
Ncontracts may collect and use your personal information to deliver services associated with the Conference. Ncontracts may also use your personally identifiable information to inform you of products or services available from Ncontracts and its affiliates. Ncontracts may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Ncontracts does not sell, rent or lease its customer lists to third parties. Ncontracts may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Ncontracts may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Ncontracts, and they are required to maintain the confidentiality of your information.

Ncontracts does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Ncontracts keeps track of the websites and pages our customers visit within Ncontracts, in order to determine what Ncontracts services are the most popular. This data is used to deliver customized content and advertising within Ncontracts to customers whose behavior indicates that they are interested in a particular subject area.

Ncontracts will only disclose your personal information without notice if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to with a legal order or to comply with legal process served on Ncontracts, (b) protect and defend the rights or property of Ncontracts, or (c) act under exigent circumstances to protect the personal safety of users of Ncontracts, or the public.

Security of your Personal Information

Ncontracts secures your personal information from unauthorized access, use or disclosure. Ncontracts secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Third Parties

We make use of third-party service providers to store and process data on our behalf, including your information. When acting on our behalf, these service providers are only authorized to collect, use, disclose, or store personal information as described in this Privacy Policy. However, the government, courts, law enforcement, or regulatory agencies may be able to access or require disclosure of personal information as permitted by laws of the applicable jurisdiction.

Certain aspects of the Conference—such as payment processing and event management software—are provided in conjunction with third-party service providers. In such cases, we may need to share your personal information with such third parties in order to provide Conference-related services. In this instance, please note that certain Conference-related services may be unavailable if you do not consent to disclosure of your personal information to third parties necessary to the provision of such services.

Where our services make use of hosted tools, hosted data storage, and payment services provided by third parties, any of your personal information stored by such third parties shall be subject to their privacy provisions. At this time, these third parties include:

(i) EventMobi - We use event management software provided by EventMobi to carry out Conference registrations, coordinate Conference activities, and to communicate information to Conference users and attendees. To learn more about EventMobi’s privacy and data-protection policies, please visit https://www.eventmobi.com/privacy-policy/ and https://www.eventmobi.com/security/.

(ii) Stripe – We use Stripe to handle all payment processing for registration fees and other payments that originate within the EventMobi software application. To learn more about Stripe’s privacy and data-protection policies, visit https://fastspring.com/privacy/
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We do not sell any data regarding your use of our products or services except as part of a reorganization or a sale of the assets of Gearset, and we will ensure that your privacy continues to be protected.

Links to Other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Control of Your Account Information

You may update your account information and electronic message preferences at any time by logging in to your account and changing your profile settings.

California Consumer Privacy Act (CCPA) Rights

If you are a California resident, the following rights as expressed under the California Consumer Privacy Act of 2018 (“CCPA”) are applicable to you:

1. You have a right to request that we disclose the following information to you:
(a) the categories of information we have collected about you;
(b) the categories of sources from which the personal information was collected; the business or commercial purpose for which your personal information was collected;
(c) the categories of third parties with whom we share your personal information; and
(d) the specific pieces of personal information that we have collected about you in the preceding twelve (12) months.

2. You have a right to request that we delete any personal information about you that we have collected

To exercise the above rights, you must provide a verifiable consumer request by emailing us at info@ncontracts.com or by contacting us toll free at (888) 370-5552.

Changes to this Privacy Policy

Ncontracts will occasionally update this Privacy Policy to reflect company and customer feedback. Ncontracts encourages you to periodically review this Privacy Policy to remain informed regarding how Ncontracts is protecting your information.

Contact Information

Ncontracts welcomes your comments regarding this Privacy Policy. If you have any questions or concerns regarding our use of your PII, you may contact us at info@ncontracts.com. If you believe that Ncontracts has not adhered to this Privacy Policy, please contact Ncontracts at joseph.mccarthy@ncontracts.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.