Terms and Conditions

These are the terms (the “Agreement”) that govern your attendance at or participation in the Experlogix Elevate 2024 conference (the “Event”). By registering for the Event, you are agreeing to these terms, which form a legal contract between Experlogix, LLC (“Experlogix”) and the registered attendee or participant (“you”). If you are registering on behalf of another it is your responsibility to ensure that the person attending is aware of these terms and accepts them, and by completing the registration you are warranting that you have made the attendee aware of these terms and that they have accepted these terms. In addition to this Agreement, you may be subject to additional restrictions which are set forth by the Stein Eriksen Lodge (the “Venue”).

1.     Registration and Admission.

1.1.  Registration. Attendance at the Event is reserved for registered individuals who meet the eligibility criteria determined by Experlogix. To secure your admittance to the Event, you must complete your registration by the date specified by Experlogix on this website. Your registration entitles you to admittance to the Event. Any and all other costs associated with your attendance (including without limitation any travel and/or accommodation expenses) shall be borne solely by you and Experlogix shall have no liability for such costs.

1.2.  Payment. The payment of the applicable fee(s) for the Event is due upon registration. If such payment is insufficient or declined for any reason Experlogix may refuse to admit you to the Event and shall have no liability in that regard. The fee(s) may be subject to sales tax, value added tax, or any other taxes and duties which, if applicable, will be charged to you in addition to the fee(s). Tickets to the Event are non-refundable. However, they can be transferred to another team member at your company at no additional cost.  In order to qualify for any “early bird” rates or discounts, booking and payment must be received before the deadline date listed in the Event marketing material.
 

2.     Event Participation.

2.1.  Termination. You acknowledge that Experlogix reserves the right to request your removal from the Event if Experlogix, in its sole discretion, considers your presence or behavior to create a disruption or to hinder the Event or the enjoyment of the Event by other attendees or speakers. A refund will not be provided under such circumstances.

2.2.  Media.

2.2.1.  Recording by Experlogix. By attending the Event you acknowledge and agree to grant Experlogix the right at the Event to record, film, photograph or capture your likeness in any media now available and hereafter developed and to distribute, broadcast, use or otherwise globally to disseminate, in perpetuity, such media without any further approval from you or any payment to you. This grant to Experlogix includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use and/or disseminate the media. You hereby release Experlogix and its designees from, and waive all claims you may have, now or in the future, in connection with such activities, and specifically waive any statutory restriction on waivers of future claims or moral rights.

2.2.2.  Recording by Attendees. Recording by Event attendees is permitted only in designated areas. You must obtain express written permission from a presenter or speaker (each, a “Presenter”) in order to record, replicate, or share the content of any demonstration, presentation, or speaking session (each, a “Session”).

2.3.  Event Content. You acknowledge and agree that Experlogix, in its sole discretion, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, performers, hosts, moderators, and time. Experlogix will use commercially reasonable efforts to provide you with notice of any material changes to such aspects of the Event.

2.4.  Exhibitions. You may be permitted by Experlogix to use a designated exhibit space (“Space
”) during the Event. Spaces are allocated on a first-come, first-served basis, and exhibitors must adhere to all setup and teardown guidelines provided by Experlogix and the Venue.

3.     Code of Conduct; Health and Safety.

3.1.  Code of Conduct. Experlogix is committed to providing a safe, productive, and welcoming environment to all Event participants. Experlogix has a zero-tolerance policy for discrimination, harassment, or bullying in any form at the Event. Participants are expected to adhere to these principles and respect the rights of others. You should report any behavior inconsistent with these principles to Experlogix at elevate@experlogix.com.

3.2.  COVID-19. Experlogix will enforce health and safety protocols in response to current public health concerns. Compliance with these protocols is mandatory for in-person attendance at the Event. Details on protocols and necessary consents will be provided to participants before the Event. If, within 14 days before the Event, you test positive for a communicable disease, show symptoms, or have had close contact with an infected person, you agree not to attend the Event. Experlogix may share relevant health information with authorities as required by law.

4.     Privacy

4.1.  Information you Share with Experlogix. Experlogix is committed to protecting the privacy of its customers. Experlogix operates a strict privacy policy, which is available at https://elevate.experlogix.com/elevate_2024_info/privacy_policy.html.

4.2.  Information you Share with Third Parties. Your name badge is printed with a barcode that contains the contact and demographic information you provided when you registered for the Event. Experlogix may use badge scanning for in-person attendance. Experlogix does so to share your registration contact information as described below, as well as to determine session attendance, deliver session surveys, manage session capacity, and enforce session restrictions.  Exhibitors and sponsors (“Third Parties”) may request permission to scan your badge to add your information to their contact database. By agreeing to have your badge scanned by a Third Party, you are consenting to allow the Third Party to communicate with you directly. All such communication is governed by the privacy policies of the Third Party performing the scan. Once your badge is scanned, it is your responsibility to manage your communication preferences directly with that Third Party. Please be aware that Third-Party scanning of attendee badges is optional, and you may refuse to have your badge scanned at booths as well as at the entrance to exhibitor sessions and functions without penalty by verbally declining to allow the Third Party to scan your badge; you acknowledge that if you do not permit sharing of your contact information in this context, you may not be able to attend certain sessions or functions.

5.     Intellectual Property

5.1.  Proprietary Rights. 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 Experlogix and/or the Presenters. You may not use or reproduce or allow anyone to use or reproduce any trademarks 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 the prior written permission of Experlogix or the Presenter, as applicable. 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 Experlogix or any of its affiliates or grant to you any right or license to any other intellectual property rights of Experlogix or its affiliates, all of which shall at all times remain the exclusive property of Experlogix and its affiliates.

6.     Presenter Terms. If you are selected as a Presenter, you agree to present content that is accurate, informative, and in line with the theme and objectives of the Event. Any deviations must be communicated to Experlogix and approved in advance. Presenters are responsible for providing presentation materials, such as slides or handouts, by the specified deadline. These materials should be relevant to the Session and suitable for distribution to attendees. The Presenter retains ownership of their intellectual property. However, by participating in the conference, the Presenter grants Experlogix a non-exclusive license to use, reproduce, and distribute the presentation materials for promotional and educational purposes.

7.     LIMITATION OF LIABILITY. IN NO EVENT SHALL EXPERLOGIX OR THE VENUE OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, AFFILIATES, AND ASSIGNEES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THEIR ACTS OR OMISSIONS OR ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT EXPERLOGIX OR THE VENUE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL EXPERLOGIX’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO EXPERLOGIX PURSUANT TO THIS AGREEMENT. CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT MUST BE MADE IN WRITING WITHIN THIRTY DAYS AFTER THE LAST DAY OF THE EVENT, AND FAILURE TO GIVE SUCH NOTICE SHALL CONSTITUTE A WAIVER OF ANY CLAIMS.

8.     Disclaimer of Warranties. Experlogix gives no warranties in respect of any aspect of the Event, or any materials related thereto or offered at the Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness and merchantability. Neither Experlogix nor its affiliates can accept any responsibility or liability for reliance by you or any other person on any aspect of the Event and/or any information provided at the Event. Views expressed by Presenters are their own. Experlogix shall have no liability for advice given, or views expressed, by any Presenter at the Event or in any material provided to you.

9.     Indemnity. You will defend, indemnify, hold harmless, and reimburse Experlogix from and for all damages, losses, costs, or expenses (including legal fees) incurred by Experlogix or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused or resulting from, arising out of, or otherwise in connection with your participation in the Event. You will reimburse Experlogix if anyone makes a claim against Experlogix in connection with your participation in the Event, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.

10.     Insurance, Injury, and Damage to Property. Experlogix will not be responsible for the safety of your property or its protection from theft, damage by fire, accident or other causes. You and your company are advised to consult your insurance broker for proper coverage of personal property brought to the Event. Experlogix and the Venue shall not be held accountable or liable for, and the same are hereby released from accountability or liability for any damage, loss, harm or injury to any person or any property whether resulting from theft, fire, or other causes. Experlogix shall not be responsible for obtaining insurance against any such damage, loss, harm or injury.

11.     Other.

11.1.  Governing Law and Venue. This Agreement shall be governed by the laws of the State of Utah and the parties shall submit to the exclusive jurisdiction of the Utah courts.

11.2.  Force Majeure. Experlogix shall not be held responsible or liable for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, flood, earthquakes, hurricanes, unseasonably extreme inclement weather,  strikes, labor disputes, inability to secure sufficient labor, civil, governmental or military authority, government requisitions, restrictions or regulations on travel, facility availability, commodities or supplies, civil disturbance, transportation, acts of God, acts of terrorism or threats of terrorism, acts of war, accidents, epidemics, disasters, the unavailability of the Venue or any other cause beyond its reasonable control. In any such event, Experlogix may postpone, reschedule or cancel the Event without liability on the part of Experlogix. If the Event cannot be held or is postponed pursuant to this section, Experlogix shall not be liable to you for any damages, costs, or losses incurred, such as transportation costs, accommodations costs, or financial losses.

11.3.  Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.