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Terms and Conditions for Business Shift Summit

PLEASE READ THESE WEBSITE USER AND REGISTRANT TERMS AND CONDITIONS (THIS “AGREEMENT” or “TERMS OF SERVICE” or “TERMS AND CONDITIONS”) CAREFULLY before using the https://businessshiftsummit.com/ website (the “Website”) operated by TJ BARRY AND ASSOCIATES, GP DBA Sandler Training OF Fort Worth, (“us,” “we,” “our”, “STFW”) as this AGREEMENT CONTAINS LIMITATIONS OF OUR LIABILITY AND LIMITS CERTAIN OF YOUR RIGHTS. 

The Website enables users of the Website (“Users”) to discover more about STFW and the Business Shift Summit events (each, an “Event” and collectively referred to as the “Events”), and enables Users who affirmatively indicate their agreement to abide by these Terms and Conditions by a click-through consent (where made available) to register for an Event or Events as registrants (“Registrants”). The terms “you”, “your” and “yours” when used herein refers to either Registrants or Users and to both Registrants and Users collectively. This Agreement sets forth the terms and conditions which govern your use of the Website and your attendance at each Event. For clarity, each “Event” as defined herein refers collectively to, and includes, all activities being promoted by STFW in connection with any particular Event, including all pre-summit and post-summit activities, and applies to both Events held at physical locations or venues as well as to Events held virtually through remote technological means.

In order to use the Website, you must first agree to these Terms and Conditions. By accessing or using any web page of the Website, Users indicate that they have read and agree to be bound by the terms and conditions set forth in this Agreement.  If you disagree with any part of this Agreement, then you are not authorized to register for our Event(s) or use our Website.  Registrants indicate their agreement to these Terms and Conditions either the same as Users do, or by means of a click-through consent or by electronic signature (if made available), or otherwise immediately upon commencing use of the Website or submitting a registration to an Event.   By creating an account on our Website or becoming a Registrant you represent and warrant that you are at least eighteen (18) years of age and not a minor in your state of residence, that all information you provide is accurate, complete, and current, and that, if you are executing this Agreement on behalf of an entity or any other person, you have been authorized to act by such entity or such person. Please keep in mind that you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract, or (b) you are a person barred from using the Website either (i) under the laws of the jurisdiction in which you reside or otherwise from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement. If we request Registrants to indicate their acknowledgement of these Terms and Conditions and their adherence to its provisions more than once and in more than one manner, such multiple execution of this Agreement in no way invalidates any prior acknowledgement or execution.

Changes to Terms and Conditions.

We reserve the right to modify these Terms and Conditions at any time. You agree to review these Terms and Conditions periodically to be aware of all such changes. We will notify you immediately of making any changes to these Terms and Conditions by posting the updated Terms and Conditions to the Website. You agree that your continued use of the Website after a modified version of these Terms and Conditions has been posted to the Website shall be deemed to be your conclusive acceptance of any modified version of this Agreement. If you do not agree to abide by the initial version and each modified version, you are not authorized to use the Website. A current version of these Terms and Conditions is accessible on the Website’s landing page.

Registration.

Registrants can register to attend Events online by purchasing a “Ticket” using the Website or on site at the respective venue on the day of an Event. Registrants and Users agree not to allow any third party to use their registration/account information or credentials to access the Website and to safeguard the information that would allow another person or entity to access the Website by using their registration/account information or credentials. Registrants shall be responsible for their failure to so safeguard such information. No Registrant’s registration or Ticket, or any portion thereof, may be sold or otherwise transferred by a Registrant. Registrants shall notify STFW in writing immediately of any unauthorized use of their account or otherwise of the Website. Registrants and Users agree that STFW shall not be liable for any loss that results from the unauthorized use of any Registrant’s account, either with or without STFW’s knowledge. 

You will provide us with accurate, complete, and current information during registration and in response to any written or electronic request by us.  You will also update all such information provided to us if and as soon as such information changes.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your user account or registration to an Event at any time, for any reason as determined by us in our sole discretion, including without limitation if we believe you have violated these Terms and Conditions. If we disable access to your account or registration, you may be prevented from accessing certain pages of the Website, your account details and/or certain files or other materials.

Your account, registration, and Ticket to an Event and/or your right to use the Website is not transferable to any other person or entity. You are hereby STRICTLY prohibited from transferring any registration, Ticket, or any other credentials used for gaining admittance to an Event physically or virtually.

We will be photographing, videotaping and otherwise recording the Events and using the resulting footage for promotional purposes. Each Registrant acknowledges and agrees that such Registrant hereby grants STFW the exclusive, perpetual, worldwide, irrevocable, royalty free right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, and otherwise use such Registrant’s name, image, likeness, voice and biography (or any copyrighted material or trademarks owned and displayed by such Registrant) in any manner or media whatsoever (whether now known or hereafter known) including without limitation for the purposes of advertising or trade in promoting and publicizing the Event, STFW or our products and services, whether appearing in or derived from such footage, or whether provided to us from you or any third party person or entity.

Each Event offers the opportunity for various speakers, experts, or trainers to present their products and services, and otherwise to communicate their thoughts and opinions, to Registrants. Further, Registrants or other individuals may have communicated their thoughts and opinions to other Registrants or other persons. STFW does not endorse or otherwise condone any statements made by, or the activities of, or products or services of, any speaker, expert, trainer, sponsor, other Registrant or other person, and you acknowledge and agree that STFW shall not be liable for any act or omission of a speaker, expert, trainer, sponsor, other Registrant or other person at, or otherwise in connection with, any Event or otherwise.

Purchases.

Certain of our products or services, including registration and purchase of a Ticket to attend an Event, may be offered for sale by us through the Website, at an Event or otherwise by us. In the event you wish to purchase any of these products or services on the Website, you will be using an authorized third-party payment processor, Stripe, that will collect certain of your Personal Identifying Information (“PII”) or payment information, including without limitation, your full name, address, telephone number and credit card information. You shall provide such third-party payment processor with your accurate, complete and current PII and other payment information at all times, and you shall comply with the terms and conditions of any additional agreements with such third-party payment processor that it may require you enter into in processing such payments. You shall be responsible for all charges incurred through your registration for an event or purchase of a Ticket via the Website, or otherwise made by you or on your behalf.  We are not responsible for the collection, use, sharing or security of your billing information by Stripe.

Your right to use any service or product that is available for purchase through the Website, at an Event or otherwise (including a registration for or Ticket to attend an Event) is contingent upon your payment in full of the applicable fees indicated for such purchase (collectively, the “Fees”).  The price and all Fees for registration and Tickets to attend any Event are as listed on the Website.  The price listed on the Website for a Ticket to attend an Event does not include any local, state, or federal taxes which may be applicable or other charges which may be charged by the applicable third-party payment processor. Each applicable portion of the Fees must be paid in full at the time of purchase or otherwise as directed in writing by STFW. You may pay any portion of the Fees by payment methods accepted by the third-party payment processor (ie: Visa, MasterCard, Discover or American Express). If any payment made by you or on your behalf cannot be charged to your credit card or if a charge is refunded for any reason, including without limitation by chargeback, we reserve the right to withhold delivery of the products and/or services requested in connection with such failed charge, refund or chargeback, and/or to suspend or terminate your registration and Ticket.

Cancellation, Refund, and Webcam Policy

Except as expressly set forth herein, once a registration or Ticket has been purchased, no refunds provided. All sales are final.  We do not offer the ability for you to cancel any registration for an Event or Ticket once the same has been purchased. In no event will any portion of the Fees paid by you be refunded or applied as a credit for any future Event.

STFW has the right to cancel your registration or Ticket to an Event or Events (and, if during an Event, STFW has the right to have you and/or your representatives removed from the Event) at any time due to your breach (or any breach by your representatives) of any of the provisions of this Agreement, as determined by STFW in STFW’s sole discretion.  AS SUCH:

  1. ANY recording (in any manner or medium) of the Event or presentation of or display of or broadcast of the Event (whether physically in-person or virtually through any digital or analog means) by you or any person on your behalf without prior written consent of STFW is strictly prohibited and will subject you to immediate ejection and removal from the Event, AND IMMEDIATE CANCELLATION OF YOUR REGISTRATION AND TICKET WITH NO REFUND;

 

  1. For those attending THE EVENT virtually—All webcams or cameras shall remain connected, on, and broadcasting visibly to STFW beginning from time of commencement of the Event (on each day of the Event) through the close of the virtual version of the Event (on each day of the Event) until and only at such times as may be directed by STFW in the applicable chat window.  If at any time STFW sees or suspects more than one person is watching or more than one person is visible at your viewing location, you will be immediately ejected from the virtual version of the Event, and your registration and Ticket for the Event will immediately be cancelled with no refund. 

 

If your registration or Ticket to an Event is so cancelled by STFW or if you or your representatives are so removed from any Event, you will not receive any refund of any Fees paid by you.

Notwithstanding the foregoing, if STFW cancels an Event (at its sole and absolute discretion), STFW shall provide you with a full refund of the Fees applicable to such cancellation.  However, STFW shall not be responsible for any delays, damages, losses, increased costs, or other unfavorable conditions arising in connection with or related to any delay, rescheduling or cancellation of an Event, and you hereby irrevocably waive all claims arising therefrom.

STFW is not affiliated with and does not endorse any speaker, trainer, expert, contributor, or sponsor of any Event, or any of the products or services offered by any such speaker, trainer, expert, contributor, or sponsor or advertised or otherwise referenced on the Website or at any Event by any such speaker, trainer, expert, contributor, or sponsor or any other third party, and STFW does not guarantee the accurateness, validity, effectiveness or use of any such products or services. You hereby release STFW and each of our members, managers, directors, officers, agents, representatives, attorneys, employees and other personnel (collectively, the “STFW Released Parties”) from any and all claims, demands, damages (actual and consequential) and other liabilities, of every kind and nature, known and unknown, arising out of or in any way related to, directly or indirectly, your use of the Website and/or your attendance at any Event, including without limitation (a) any act or omission of STFW, a speaker, trainer, expert, contributor, or sponsor or any other person in connection with or related to the Website or your participation in any Event, (b) any products or services provided or offered by a speaker, trainer, expert, contributor, or sponsor or any other person in connection with or related to the Website or your participation in any Event, and (c) any dispute between you and a speaker, trainer, expert, contributor, or sponsor, or you and any other third party, in connection with or related to your use of the Website or your participation in any Event.

Intellectual Property Rights.

The Website contains content and other materials, including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively “Content”) owned by STFW and protected by copyright, trademark and other laws of the United States and/or other jurisdictions. As between you and STFW, all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Website (including without limitation all Content) is owned exclusively by and is proprietary to STFW, and you have no rights in and to the Website other than for the limited use rights described in these Terms and Conditions further below. Except for information which is in the public domain or which you have been given written permission by STFW, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of STFW and, where applicable, our licensors, except as may be further provided for below.

If you are aware of a potential infringement of our intellectual property, please contact Tim Barry at tim.barry@sandler.com

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete.  You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

STFW’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: Sandler Training Fort Worth – Copyright Agent

Address: 6373 Geneva Lane, Fort Worth, Texas 76131, US

Telephone: 630-750-0852

Email: tim.barry@sandler.com

All Trademarks, to the extent they appear on the Website or at an Event, are the property of their respective owners. STFW is not affiliated with, or sponsored or endorsed by, any third-party trademark owner whose Trademark appears on the Website or at an Event, and STFW does not sponsor or endorse the owner of any such Trademark. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings and trade dress appearing on the Website or at an Event which indicate a source of any products or services. You are prohibited from using, copying, reproducing, republishing, distributing or modifying any Trademarks in any way without prior written consent of the Trademark holder, as applicable.

Limited License. You agree not to use, copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, retransmit, sell, publish, broadcast, circulate, display or in any way exploit any Content (including without limitation any copyrighted material, Trademarks, or other proprietary information or content), in whole or in part, in any mode or any manner whatsoever, for any purpose other than for your personal, non-commercial use, and in a manner which does not disparage STFW nor any Event and which does not directly or indirectly compete with any of the Events. Notwithstanding, you may print copies of materials on the Website for your personal, non-commercial use only, provided that you keep intact all copyright, Trademark, and other proprietary notices, and use such materials only in the manner permitted hereunder.

Covenants, Representations, and Warranties.

In addition to any other representation, warranty, or covenant made by you in this Agreement, you also represent and warrant that:

                  (a) you have all rights, power and the full legal authority to enter into this Agreement and into any additional applicable agreements with STFW, on your behalf or on behalf of your employer (as applicable), (b) you have read this Agreement and you shall strictly comply with all of its provisions and with all additional applicable agreements, terms and conditions posted to the Website or otherwise communicated to you by us over the phone, by email, at an Event, or otherwise, (c) you have carefully reviewed the Privacy Policy and to our information collection, use, storage and transfer protocols described in such document, (d) you will not use any Content other than as expressly provided in this Agreement, (e) you grant us the right to use your name, image or likeness in connection with our filming of any Event, and that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate STFW or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Website;
  12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE FOLLOWING PROVISIONS:

YOUR USE OF THE WEBSITE AND YOUR ATTENDANCE AT EACH EVENT IS AT YOUR SOLE RISK. THE WEBSITE AND EACH EVENT IS PROVIDED “AS IS” AND “WHERE IS”, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE WEBSITE OR AT ANY EVENT, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NONE OF THE STFW RELEASED PARTIES ASSUMES ANY RESPONSIBILITY (OR SHALL BE LIABLE OR OTHERWISE RESPONSIBLE) FOR YOUR ATTENDANCE AT ANY EVENT OR FOR YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION ANY CONTENT, OTHER MATERIALS, PRODUCTS OR SERVICES, AND NONE OF THE STFW RELEASED PARTIES MAKES ANY PROMISES, REPRESENTATIONS, OR WARRANTIES (EXPRESS OR IMPLIED) IN CONNECTION WITH THE WEBSITE OR ANY EVENT.

WITHOUT LIMITING ANY OF THE FOREGOING, NO INFORMATION OBTAINED FROM STFW OR ANY THIRD PARTY THROUGH THE WEBSITE OR AT ANY EVENT, WHETHER PROVIDED VERBALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT (A) YOUR ATTENDANCE AT AN EVENT, YOUR USE OF THE WEBSITE OR OTHERWISE YOUR RELIANCE ON OR OTHER USE OF ANY SUCH INFORMATION WILL MEET YOUR REQUIREMENTS, (B) YOUR ATTENDANCE AT ANY EVENT OR YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR OMISSIONS, (C) INFORMATION PROVIDED WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT, (D) DEFECTS IN THE OPERATION OF ANY EVENT OR THE FUNCTIONALITY OF ANY PORTION OF THE WEBSITE WILL BE CORRECTED OR UPDATED, (E) DESCRIPTIONS OF PRODUCTS AND/OR SERVICES OFFERED BY US OR SPEAKERS WILL BE ACCURATE, AND (F) ANY STFW RELEASED PARTY IS IN ANY WAY LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM OR BE RELATED TO YOUR ATTENDANCE AT ANY EVENT OR YOUR USE OF THE WEBSITE. We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website OR AT ANY EVENT. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us. EACH OF THE STFW PARTIES HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF THE WEBSITE OR YOUR ATTENDANCE AT ANY EVENT. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSSES, LIABILITIES OR NEGATIVE CONSEQUENCES RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR YOUR ATTENDANCE AT ANY EVENT. YOU FURTHER HEREBY EXPRESSLY RELEASE EACH OF THE STFW PARTIES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT.

IN NO EVENT SHALL ANY OF THE STFW PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR ANY EVENT, OR ANY PRODUCTS OR SERVICES ACQUIRED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY EVENT, including but not limited to your reliance upon opinions or information appearing on this Website and any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, WHETHER SOUNDING in tort, contract, or otherwise, EVEN IF STFW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE STFW RELEASED PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT EXCEED THE FEES PAID BY YOU AND RECEIVED BY STFW FOR THE GOODS AND/OR SERVICES WHICH DIRECTLY GIVE RISE TO SUCH A CLAIM.  THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE

Privacy

STFW views the protection of your privacy as an important responsibility. The terms regulating the handling of your PII and other information submitted by you in connection with the Website or any Event is described in our Privacy Policy, which can be found at https://businessshiftsummit.com/privacy-policy-2/ (the “Privacy Policy”). By using the Website or otherwise by submitting your PII or other information to us, you consent to the collection and use of your PII and other information by us as described in the Privacy Policy.

Governing Law, Venue, No Class Claims

These Terms and Conditions, and all claims arising out of or relating to your use of the Website, attendance at any Event, contacts between you and us, this Agreement and/or any other understanding or arrangement between you and STFW or any of the other STFW Released Parties, or the breach of any thereof, whether contract, tort or otherwise, shall be governed and construed in accordance with the laws of the State of Texas, excluding Texas’ choice-of-law principles, and shall have venue exclusively in a Justice Court, County Court, or District Court in Tarrant County, Texas.  The parties hereto further agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

In the event STFW seeks to enforce its rights under this Agreement, it shall be entitled to recover all its attorney’s fees, court costs, and expert fees incurred in such litigation in addition to any other remedies provided to it hereunder or at law, or in equity.

Miscellaneous

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and STFW by this Agreement or otherwise.

All notices hereunder shall be provided by certified mail, postage prepaid and return receipt requested, to: Sandler Training of Fort Worth, 6373 Geneva Lane, Fort Worth, Texas 76131 or tim.barry@sandler.com , and to a Registrant at the address listed in such Registrant’s profile (if an address is provided) and by electronic mail (if we have such an email address for such Registrant). Notice shall be deemed given three (3) days after the date of the mailing or upon receipt by email.

You shall not sell, assign or otherwise transfer any of your rights or obligations under this Agreement, without STFW’s prior written consent (to be provided or denied in our sole discretion). This Agreement may be automatically assigned by STFW, in our sole discretion, to a third party, and such an assignment shall inure to the benefit of such third party or otherwise to our successors, assigns and/or licensees.

If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any of the other provisions of this Agreement, which shall remain in full force and effect, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or subsequent or similar breaches. If STFW does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which STFW has the benefit of exercising or enforcing under any applicable law), such non-exercise or non-enforcement shall not be taken to be a formal waiver of STFW’s rights or remedies, and all such rights or remedies shall still be available to STFW.

This Agreement (along with the Privacy Policy) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of you and us.

Questions

If you have any questions or concerns regarding the Website, our Events, or these Terms and Conditions please contact us by e-mail: tim.barry@sandler.com .