TERMS AND CONDITIONS
These are the terms and conditions (the “Agreement”) governing your participation in any Arival owned and/or operated virtual event, meeting, show, seminar or conference, whether held as a live, virtual or hybrid (both live and virtual) event (the “Event”). By registering for the Event you agree to these terms, which form a binding legal contract between the Event owner and host, Arival, LLC (“Arival” or “Owner” or “Organizer”) and the registered attendee (“you” or “Attendee”). If you are registering on behalf of another individual, it is your responsibility to ensure the person participating is aware of these terms and accepts them. By completing the registration on behalf of another individual you are warranting that you have made the Attendee aware of these terms and that they have accepted these terms.
Access. Your registration entitles you to access to the Event for which you have registered. Any and all other costs associated with your attendance shall be borne solely by you, and the Event shall have no liability for such costs.
Event Content. You acknowledge and agree that Event, 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, venue, and time. Some Event content may be recorded by Arival and made accessible to paid Attendees.
FEES AND REGISTRATION
Payment. The payment of the applicable fee for the Event is due upon registration. If such payment is insufficient or declined for any reason Arival may refuse to allow you to access the Event and shall have no liability in that regard.
Taxes. The 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.
Electronic Communications. Once you have completed your registration, you will receive your registration confirmation by email. Please ensure that your valid email is entered correctly on the registration form. Be sure to check your junk email box too in case any of your Virtual Event email(s) are caught by spam filters. Arival shall not be liable for misentered email address or other data. If you do not receive your registration confirmation and fail to notify us by email at least 24 hours prior to the event, Arival shall not be liable if you are not able to view the event live.
You will receive essential Event information for registered attendees electronically at the email address and mailing address that are provided on your registration form. In addition, you will also be added to the Arival mailing list for notifications of future Events as well as the newsletter and other communications. If you would like to opt-out of any of these benefits, a link is provided in each email to provide the ability to opt-out.
CANCELLATION, CHANGE AND REFUND POLICY
All cancellations must be submitted in writing to [email protected] Cancellations outside of 60 days are subject to a 100.00 administrative fee. Cancellations received inside 60 days of the published event start date are subject to loss of all monies paid. Name change requests are subject to a 100.00 change fee. Currency of fees will be the same as the currency in which tickets are sold.
Virtual Events. Please note that if you do not cancel and do not access the Virtual Event, you are still responsible for payment. In no event shall Arival be obligated to refund all or a portion of the registration fee.
HEALTH AND SAFETY
If any of the following are or become applicable to you at any time within 14 days before the beginning of the Arival Event, you agree to notify Arival promptly and you will not be permitted to attend. We will issue you a full refund, when provided with satisfactory written documentation, if the Arival Event is held.
- You test positive for COVID-19;
- You are alerted that you were exposed to a person who tested positive for COVID-19 and you are requested to self-quarantine for a period of time;
- You have any recognized symptoms of COVID-19, flu, or any other communicable disease, whether or not you have been tested; or
- A local, county or state governmental authority issues any order or recommendation for residents in the state or county of your residence or principal place of business to limit your time away from your residence or property (except for essential activities, functions and businesses).
CONDUCT OF ARIVAL ATTENDEES
Each attendee agrees that during Arival, he/she shall conduct themselves in a professional and courteous manner at all times with respect to Arival staff, sponsors and attendees. If an attendee fails to comply with these expectations or behaves in a rude or unacceptable manner, Arival reserves the right to terminate the attendee’s continued attendance at the Arival and will revoke their credentials. The attendee agrees to return the credentials to an Arival representative upon request and will lose all fees paid to Arival. Expenses resulting from this revocation of Arival credentials is the sole responsibility of the attendee. See our full Code of Conduct here.
Limitations on Use. By registering for an Arival Event ticket you agree not to sell, trade, transfer, or share your access link and/or code, unless such transfer is granted by the Organizer. If Arival determines that you have violated this policy, Arival may cancel your access, retain any payments made by you, and ban you from future Events, in addition to any other actions deemed appropriate.
Recording, Live Streaming, and Videotaping. Attendees may not record or broadcast audio or video of sessions at Arival Events.
Unethical/Non-Compliant Business Practices. Arival reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non-compliant business practices
ARIVAL SPONSORSHIP AND OTHER FUNCTIONS/EVENTS
The undersigned hereby acknowledges that Arival provides various companies with the opportunity to sponsor and host a variety of functions and social events during Arival, (herein “Sponsored Event”), and that these sponsors pay an additional fee to host these events. In order to provide the sponsors with the maximum opportunity to host a successful Sponsored Event Arival will not permit functions, social events or gatherings of ten or more attendees to take place during the Arival event that would detract from the attendance of Arival attendees at any/all Sponsored Events. Exceptions for special circumstances may be granted if they have been previously requested in writing and have been approved by an authorized Arival representative. Therefore, the undersigned agrees not to organize, sponsor, or operate any function, social event or gathering of ten or more attendees either directly or indirectly, during Arival. In the event that any individual, company or entity breaches this agreement, the undersigned acknowledges that Arival shall have the right to terminate the participation of that attendee, as well as any of its/their associates, representatives and/or employees participating at Arival.
Personally Identifiable Information. Attendee acknowledges that Arival provides our sponsors with the PII of our Attendees/Attendees and hereby provides consent to have their PII included in the list provided to sponsors. The data provided will be used by sponsor companies for the sole purpose of marketing the products and services of the sponsor companies and will not be sold, traded or otherwise given to any other company or person. All sponsor companies provided with PII have warrantied that they are GDPR compliant.
If Arival is prevented from carrying out its obligations as it pertains to the Event for which you registered as a result of any cause beyond its control, or such Event cannot be conducted Live or Virtually due to any cause beyond the Organizer’s control not within the control of the Organizer, (collectively a “Force Majeure”), Arival shall have the right to select an alternate date and Attendee agrees to participate per the terms and conditions herein. If an affected Virtual Event is terminated due to a Force Majeure occurrence before the first day of the Virtual Event, then Arival shall have the right to select an alternate date and Attendee agrees to participate per the terms and conditions herein.
For purposes hereof, the phrase “cause not within the control of the Organizer” shall include failures of a software or issue with the hosting or other required platform, fire, casualty, flood, epidemic, pandemic, earthquake, explosion or accident, blockage, embargo, inclement weather, governmental restraints, restrictions or regulations, restraints or orders of civil defense or military authorities, act of public enemy, riot or civil disturbance or commotion, malicious damage, sabotage, vandalism, acts of war or terrorism, or other similar activities, strike, lockout, boycott or other labor dispute or disturbance, inability to secure sufficient labor or material, technical or other personnel, absence of premises required for the Exhibition, failure, impairment or lack of adequate transportation facilities, inability to obtain or requisition or commandeering of necessary supplies or equipment, change in local, state or other law, ordinance, rule, order, decree or regulation, whether legislative, executive or judicial, and whether constitutional, or act of God and the words “act(s) of” shall include “threat of or perceived threat of”.
A Force Majeure event specifically includes the following:
- If a local, county or state governmental authority issues any order or recommendation: (i) for individuals in the State of Arizona or in Maricopa County to limit their time away from their residence or property (except for essential activities, functions and businesses); (ii) for persons arriving at any airport in Arizona from any one or more major U.S. cities or metropolitan areas (population greater than 1,000,000) to isolate or self-quarantine for any period of time (even if subject to certain exceptions); (iii) for bars or restaurants in Arizona or in Maricopa County to close access to the public for indoor drinking or dining; or (iv) to restrict public gatherings in enclosed spaces to less than 400 people in Arizona or Maricopa County; or
- If a local, county or state governmental authority in either of the states of California, New York, Florida, Texas, Colorado, Georgia or Nevada issues any order or recommendation for residents of the state or of any major city or metropolitan area within the state to limit their time away from their residence or property (except for essential activities, functions and businesses).
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 Arival, or the Event sponsors or speakers presenting at the Event. 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 Arival.
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 Arival or any of its affiliates; nor does this Agreement grant to you any right or license to any other intellectual property rights of Arival or its affiliates, all of which shall at all times remain the exclusive property of Arival and its affiliates.
Use of Likeness. By participating in the Event you acknowledge and agree to grant the Event the right at the Event to record, film, live stream, photograph, or capture your likeness in any media now available or 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 the Event 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 or disseminate the media.
The Attendee understands that this material may be used in various publications, public affairs releases, recruitment materials, broadcast public service advertising (PSAs) or for other related endeavors. This material may also appear on the Arival website, web blogs, social media pages and posts. This authorization is continuous and Arival may publish materials, use the Attendee’s name, photograph, and/or make reference to the undersigned in any manner that Arival deems appropriate in order to promote/publicize Arival events. The Attendee hereby releases Arival, its partners, employees, contractors and agents, the photographer/videographer and any other associated vendors from any and all claims or liabilities.
WAIVER OF LIABILITY
Attendee and each of its agents, employees and representatives, hereby waive and release any claim of any type or nature whatsoever against Arival and each of its agents, partners, employees, representatives, successors and assigns, arising out of or relating to his/her/its participation in Arival or attendance at Arival, including, but not limited to personal injury, damage to personal property, theft, etc. Furthermore, Attendee for itself and each of its agents, employees and representatives, hereby agree to indemnify and hold harmless Arival and each of its agents, partners, employees, representatives, successors and assigns from any claim, demand, lawsuit, or dispute of every type or nature whatsoever (including their reasonable attorney’s fees and costs incurred), arising out of or relating to his/her participation in Arival or attendance at Arival.
We and our event venues have taken enhanced health and safety measures–for you, our other attendees, and our staff. You must follow all posted instructions while attending Arival Events.
An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying medical conditions are especially vulnerable.
By attending Arival, you voluntarily assume all risks related to exposure to COVID-19.
This contract shall be governed by the laws of the State of Colorado. The prevailing party in any arbitration or litigation concerning the terms and conditions of this proposal shall be entitled to reasonable attorney’s fees and costs.
Disclaimer of Warranties, Limitation of Liability
Arival 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. The Event is provided on an “as-is” basis. The views, opinions, and positions expressed by the speakers, attendees, or sponsors at the Event are theirs alone and do not necessarily reflect the views, opinions, or positions of Arival or any employee thereof. Arival makes no representations as to accuracy, completeness, timeliness, suitability, or validity of any information presented by speakers, attendees, or sponsors at a Arival Event and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. Arival does not endorse, and expressly disclaims all liability relating to, any of the products or services provided by speakers, attendees, or sponsors.
Except as required by law, neither Arival nor its affiliates shall be liable 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.
The maximum aggregate liability of Event 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 amount paid by you to Arival under this Agreement.
Arival’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. Arival shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Arival’s 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 so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Arival’s prior written consent. This Agreement shall be governed by the laws of the State of Colorado and the parties shall submit to the exclusive jurisdiction of the Colorado courts. 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 both 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 Arival in any respect whatsoever.