Terms of Participation
Last Revised: November 12, 2020
As a registered attendee or participant ("you" or “Attendee”) of an online Retail Meetup event ("Event") produced by Shoptalk Commerce, LLC (“Shoptalk”) and/or Groceryshop, LLC (“Groceryshop” together with Shoptalk, “we”, “us” or “our”) you agree to be bound by these terms and conditions, which form a legal contract between us and you (collectively, the "Agreement"). If you are a third-party completing the registration on behalf of another individual, you warrant that you have made the Attendee aware of this Agreement and that he or she has accepted these terms and conditions. If you do not agree with this Agreement, you should not attend the Event. We advise that you print or retain a digital copy of this Agreement for future reference.
This Agreement may be modified from time to time, so check back often. So that you are aware changes have been made, we will adjust the “Last Revised” date at the beginning of this document. Continued attendance at the Event by you will constitute your acceptance of any changes or revisions to this Agreement.
- Participation. Your registration entitles you only to participation in the Event. All other costs associated with your attendance shall be borne solely by you, and we shall have no liability for such costs.
- Event Content. We, in our sole discretion, reserve the right to change any and all aspects of the Event, including but not limited to: the Event name, themes, rules, formats, exclusions, processes, policies, procedures, guidelines, algorithms and dates, deadlines and timing, content, program, speakers and moderators.
- Following pre-Event process and timelines. We will provide you with clear guidelines and instructions on the inputs we require from you (and associated deadlines) in the weeks preceding the Event. These inputs and timelines are needed in order to ensure that you and other Event participants have the best experience possible at the Event. Failure to provide inputs on a timely basis will result in a sub-optimal experience for you at the Event. We take no responsibility for failure to follow these guidelines resulting in a sub-optimal experience.
- Limitations on Use. By registering, you agree not to share, transfer, sell or trade your ticket or other applicable login credentials other than explicitly permitted by us in writing on our Website or otherwise. If you violate this policy, in addition to our other remedies available under applicable law, we may cancel your attendance and retain any payments.
- Photography, Recording, and Videotaping. You may not record audio or video of the Event, except that you may take photographs for purposes of company media pieces, marketing materials, etc.
- Denial of Access and Admission. We reserve the right to deny access and admission to the Event to any person for any reason or no reason at all.
- Payment. Applicable fees are due upon registration. If payment is insufficient or declined for any reason, we may refuse to admit you or provide you access to the Event and we shall have no resulting liability.
- Taxes. Applicable fees may be subject to sales tax, value added tax, or other taxes and duties, which, if applicable, will be charged to you in addition to the fees.
- No Retroactive Fees Adjustments. Once you have registered, your fees will not be adjusted downward based on any sponsorship, discount or for any other reason.
- Discount and Special Rates. There are no special rates for daily attendance or limited scope attendance, etc; only full event tickets are available. [If you register using a special rate that is not applicable to you, you hereby give us the right to charge your card for the difference upon notice that we do not agree with your selection of a special rate.] All determinations of special rates are in our sole discretion. Even if you meet the published or other definition and requirements of a special rate, we reserve the right to not provide you with any special rate.
- Discount Codes. We may refuse in our sole discretion to honor any discount codes, including at the time of registration. Discount codes may not be used with certain promotions.
- Attendee Fees are Nonrefundable. All applicable fees are non-refundable.
- No Carryover Fees. There will be no carry over of registrations, tickets or fees to subsequent events.
- No Subsequent Refunds. Paid attendees that later join as Experts (or other roles eligible for discounted or free of charge tickets) are not entitled to a refund of registration fees paid.
- No Conversion to Sponsor tickets. Once purchased, registered attendees cannot convert their tickets to sponsor tickets.
- Substitutions possible within set timeframes. Substitutions are permitted within timeframes specified by the Retail Meetup team.
- All intellectual property rights in and to the Event, the Event content, and all materials distributed at or in connection with the Event are owned by us or the Event sponsors or speakers, if any. You may not use or reproduce or allow anyone to use or reproduce any trademarks (including without limitation "Shoptalk", “Groceryshop” and “Retail Meetup”) or other trade names appearing at the Event, in any Event content or in any materials distributed at or in connection with the Event for any reason without our prior written permission, other than to promote your attendance and presence at the Event in the ordinary course.
- For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by us; nor does this Agreement grant to you any right or license to any of our intellectual property rights, all of which shall at all times remain our exclusive property.
- We give no warranties in respect of any aspect of the Event or any materials related thereto or offered as part of the Event and, to the fullest extent possible under the laws governing this Agreement, disclaim all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Event is provided on an "as-is" basis. We do not accept any responsibility or liability for reliance by you or any person or entity on any aspect of the Event or any information provided during the Event.
- EXCEPT AS REQUIRED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL COSTS, DAMAGES OR LOSSES ARISING DIRECTLY OR INDIRECTLY FROM THE EVENT OR OTHER ASPECT RELATED THERETO OR IN CONNECTION WITH THIS AGREEMENT.
- Our maximum aggregate liability for any claim in any way connected with, or arising from, the Event or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the fees paid by you to attend the Event.
- Our failure to exercise any right shall not be deemed a waiver of any further rights. We shall not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary for this Agreement to otherwise remain in full force and effect and enforceable. We may sub-license, transfer, sell or assign this Agreement and/or any of our purported obligations hereunder at any time to any person or entity, with or without notice. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.
- This Agreement shall be governed by the laws of the State of New York and the parties shall submit to the exclusive jurisdiction of the federal and State courts located in the State of New York.
- A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys' fees and costs. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by all parties, except as otherwise provided herein.
- No agency, partnership, joint venture, or employment is created as a result of this Agreement and you acknowledge that you do not have any authority of any kind to bind us in any respect whatsoever.