Website Terms and Conditions of Use
1. Introduction. These Board of Directors Center of Excellence (“BOD COE”) Standard Terms and Conditions (these “Terms”) shall govern your use of this website, including all pages within this website (“Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms. This Website is not for use by any minors (defined as those who have not reached the age of majority as defined by the laws that govern in his/her place of residence), and you must not use this Website if you are a minor.
2. Intellectual Property Rights. Other than content you own, which you may have opted to include on this Website, under these Terms, BOD COE and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
3. Restrictions. You are expressly and emphatically restricted from all of the following: 1. publishing any Website material in any media; 2. selling, sublicensing and/or otherwise commercializing any Website material; 3. publicly performing and/or showing any Website material; 4. using this Website in any way that is, or may be, damaging to this Website; 5. using this Website in any way that impacts user access to this Website; 6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; 7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; 8. using this Website to engage in any advertising or marketing; Certain areas of this Website are restricted from access by you and BOD COE may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information.
4. Your Content. In these Terms, “Your Content” shall mean any audio, video, text, images, name, image, likeness or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant BOD COE a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. BOD COE reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No warranties. This Website is provided “as is,” with all faults, and BOD COE makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. Limitation of liability. In no event shall BOD COE, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and BOD COE, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
7. Indemnification. You hereby indemnify to the fullest extent BOD COE from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms. BOD COE is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
10. Assignment. BOD COE shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement. These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between BOD COE and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
12. Governing Law & Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the City and County of Los Angeles, California for the resolution of any disputes.
Personal Data We May Collect About You
BOD COE is a data controller. We may collect and store information about you in connection with your use of the Service, including any information you transmit to or through the Service. We use that information to provide the Service’s functionality, fulfill your requests, improve the Service’s quality, engage in research and analysis relating to the Service, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems, enhance the security of the Service, and comply with legal obligations. Even when we do not retain such information, it still must be transmitted to our servers initially and stored long enough to process.
Specifically, we may collect the following information:
• Your name, addresses, telephone numbers, e-mail addresses, date of birth, direct line and cell phone numbers, address, company name, title, organizations in which the individual serves as a current board member, and the number of organizations that the individual is a board member of, username, password and other personally identifiable information;
• Certain financial or demographic profile information to be used in the aggregate, such as your age, gender, purchase history, interests, zip/postal code or country. Demographic information is not considered personal information unless it is linked to personal information about a specific user;
• Service provider name and the date, time and content of any messages sent from you to us;
• IP address and other technical information collected from the servers utilized by you or your vendors, such as information and data that is automatically collected upon visiting the Website (i.e., webpage http headers (home server domain names, internet protocol address, operating system type, browser type and language) and user-specific or aggregate information on what pages you access on the Website). Technical information is not considered personal information unless it is linked to personal information about a specific user;
• Credit/debit card and other billing information, including cardholder transaction data, card numbers, expiration dates, billing addresses and CVV codes;
• Information provided on any application (including the App) or authorization and any other information you or your mobile device provides to us;
• Information regarding uses of the services;
• Other information provided to us in any way, shape or form; and,
• Personal information collected from third parties, such as data that you agree to share with us on publicly accessible social networks (e.g., Facebook, Instagram, LinkedIn, etc.) and/or that we may collect from other publicly accessible databases.
What We Do With the Information We Gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our Services.
• We may periodically send promotional email about new events, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
• We may use the information to customize the Website according to your interests.
• We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How We Collect Information
We may collect information in one or more of the following ways:
• Through the completion of electronic forms found on the Website or on a third party-hosted website, whether via computer or mobile device;
• Through the completion of paper forms provided to us;
• Through SMS (Short Message Service) messages sent via cell phone, or through e-mail and other communications;
• Through telephone calls made to us, or vice versa;
• Through surveys;
• Through referring websites or third parties, including social media sites such as Facebook, Twitter, Instagram, YouTube, Google+ and others;
• Through the maintenance and analysis of Website server logs; and
• Via “cookies” (small text files placed by us on your computer(s)), single pixel GIF image files (also called “Web beacons”), Website server log analysis and other similar technological means.
• Certain portions of the Website may require that you register for an Account before being able to access them. On those portions of the Website that require registration, we may collect information to create your account, as well as to determine specific content, products and services that may be of particular interest to you. By collecting and maintaining accurate information, we learn more about your interests and needs and are better able to provide you with such content and with offers for such products and services.
Use of Collected Information
We may use the information we collect to identify the parties with whom we are dealing and to provide customized information and offers of products and services. We currently use third party services that display customized content and advertising provided by us. We may use the information for statistical and/or marketing purposes, to improve our technologies, to provide information about our company and to deliver advertising and promotional information from our partners and third party vendors. We may track your use of the Website over time for the purpose of, among other things, enhancing your experience on the Website and providing marketing messages, promotions, offers of Services and other content which we think may be of specific interest to you.
We reserve the right to share, rent, sell or otherwise disclose the information we collect from you to third parties. We may also share your information with certain third parties in other circumstances, including when complying with legal process, preventing fraud or imminent harm and/or ensuring the security of our network and services. We may also use the information you provide to market products and services to you. We may obtain your information through third parties by virtue of advertisements placed by us on websites maintained by those third parties. We will collect and/or share certain of your information with third parties for the purposes of fulfilling orders for products or services placed by you and for providing you with newsletters or other communications. We may also use information provided by you to manage your Account.
We may store or transfer your credit/debit card data in order to more easily provide Services to you. If such credit/debit card and other billing information is collected and/or stored, such credit/debit card and other billing information will be collected and transferred over a secure connection in accordance with applicable regulatory requirements, and is used only for processing underlying transactions. We will share this information only with those directly involved in the processing of the underlying transaction, and who maintain appropriate security measures designed to safeguard such information.
We may provide you with direct access to functionality from other third parties, including Facebook, Twitter, Instagram, YouTube, advertising networks and others. The placement of social media widgets, or advertising units on the Website may permit these third parties to see information about you and your activities via cookies, web beacons and other technologies they place and/or access on your browser or device, even if you do not interact with them.
We may add your information to our databases to contact you through future e-mails, postal mailings and SMS text-messaging regarding site updates, upcoming events, new products and services and/or the status of orders placed online. We use geolocation for purposes of tracking location when our Website is used and in order to better target product and service offerings and other information to our users.
We reserve the right to release information to law enforcement or other governmental officials as we, in our sole discretion, deem necessary to comply with applicable law.
You have a right to lodge a complaint with a Data Protection Authority.
Please also note:
a. Account Information: If you create an account with BOD COE, we may store and use the information you provide during that process, such as your full name, email address, zip code, physical address, and other information you may provide with your account, such as your gender, phone number, and birth date. We may publicly display your first name and last initial, or other content you submit through the registration process, as part of your account profile. You can modify some of the information associated with your account through your account settings. Alternatively, you may contact us directly to do so by emailing: email@example.com.
b. Communications: When you sign up for an account or use certain features, you are opting to receive messages from BOD COE. You can manage some of your messaging preferences through navigating to account settings or alternatively, you may contact us directly to make changes to your account by emailing: firstname.lastname@example.org. Note that you cannot opt out of receiving certain administrative, transactional, or legal messages from BOD COE. We may also track your actions in response to the messages you receive from us or through the Service, such as whether you deleted, opened, or forwarded such messages. If you exchange messages with others through the Service, we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to use of the Service, as well as our efforts to improve the Service. We may not deliver messages that we believe are objectionable, such as spam messages, fraudulent solicitations, or requests to exchange reviews for compensation. If you send or receive messages through the Service via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. Our calls with you may be monitored and recorded for quality purposes.
c. Transactions: If you initiate a transaction through the Service, we may collect and store information about you, such as your name, phone number, address, email, and payment information (such as a credit card number and expiration date), as well as any other information you provide to us, in order to process your transaction, send communications about them to you, and populate forms for future transactions. This information may be shared with third parties, and third parties may share such information with us, for the same purposes. When you submit credit card numbers, we encrypt that information using industry standard technology.
d. Activity: We may store information about your use of the Service, such as your search activity, the pages you view, the date and time of your visit. We also may store information that your computer or mobile device may provide to us in connection with your use of the Service, such as your browser type, type of computer or mobile device, browser language, IP address, WiFi information such as SSID, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs. You may be able to limit or disallow our use of certain location data through your device or browser settings, for example by adjusting the "Location Services" settings for our applications in iOS privacy settings.
e. Different Devices: You may access the Service through different devices (e.g., your mobile phone or desktop computer) and different platforms (e.g., website or mobile app). The information that we collect and store through those different uses may be cross-referenced and combined, and your contributions through one BOD COE platform will typically be similarly visible and accessible through all other BOD COE platforms.
Processes Intended to make the Service work in the way you expect. For example, we use a Cookie that tells us whether you have already signed up for an account.
Authentication, Security, and Compliance Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements.
Preferences Intended to remember information about how you prefer the Service to behave and look.
Notifications Intended to allow or prevent notices of information or options that we think could improve your use of the Service.
Advertising Intended to make advertising more relevant to users and more valuable to advertisers.
Analytics Intended to help us understand how visitors use the Service. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.
You can set some Cookie preferences through your device or browser settings, but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking. For flash cookies, you can manage your privacy settings by clicking here. Please note that changing any of these settings does not prevent the display of certain advertisements to you.
b. Tracking Pixels We employ a software technology called tracking pixels (a/k/a web beacons/web bugs/clear gifs) that enables us to better manage the content on the Website by informing us what content is effective. Tracking pixels are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of visitors to a website. In contrast to cookies, which are stored on a user’s computer hard drive, tracking pixels are embedded invisibly on website pages and are about the size of the period at the end of a sentence. We do not tie the information gathered by tracking pixels to your personally identifiable information.
c. Log Files. As is true of most websites, we gather information automatically and store it in log files. This information includes internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Website, to track the movements of users around the Website and to gather demographic information about our user base as a whole.
d. Do Not Track. When you use the Website, we may receive “do not track” requests from you, whether via signals from web browsers or other mechanisms. At this time, we do not respond to such “do not track” requests, although we may choose to do so in the future.
e. Security. We take reasonable precautions to protect the confidentiality and security of your personally identifiable information by using industry recognized security safeguards such as site monitoring, secured networks and servers, firewalls and encryption. When we ask for sensitive information, we protect it through the use of encryption during transmission, such as SSL (Secure Socket Layer). Unfortunately, no method of transmission over the Internet is completely secure. Therefore, while we strive to protect your personally identifiable information within industry standards, we cannot guarantee its absolute security.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personally identifiable information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. You are responsible for protecting against unauthorized access to your password and to your computer/mobile device. We ask you not to share your password with anyone.
Our employees are trained and required to safeguard your information. Our internal controls limit access to personally identifiable information based on job functionality.
f. Communications. Based upon the personally identifiable information that you provide to us, we may send you a welcome e-mail. We will also communicate with you in response to your inquiries, to provide any services you request, to provide newsletters or other updates that you request and to manage your Account. In addition, when you register an Account with us, you may choose to consent to our contacting you by e-mail and to receiving our e-mail subscriptions, editorial e-mails and advertorial e-mails (see below) from us. If, at any time, you no longer want us to contact you by e-mail and/or receive our e-mail subscriptions, editorial e-mails and advertorial e-mails, you may opt out of these functions by changing the preferences in your Account. You can contact customer service by e-mail, telephone or postal mail at the contact information listed below to assist you with any such changes to your Account.
Third parties may receive information about you as follows:
b. Service Providers: We may rely on third party providers to support or provide some of the services that are available through the Service. We may also rely on third party providers to perform certain services for us in connection with your use of the Service, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, our own marketing of the Service, and other functions. We may share information from or about you with these third party providers so that they can perform their services or complete your requests. These third party providers may share information with us that they obtain from or about you in connection with providing their services or completing your requests. Third party providers may also share this information with their subsidiaries, joint ventures, or other companies under common control.
c. Aggregate or Anonymous Information: We may share user information in the aggregate with third parties. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements. We may also disclose anonymized information about your use on BOD COE.
e. Investigations and Legal Disclosures: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process or law enforcement requests served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public.
f. Links: The Service may link to third party services, like a business’s URL. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on or applicable to all such third party services.
To Opt Out of Third-Party Tracking on Our Website Use the Following Tools
You may opt out of the Ad Tech Network by clicking http://www.youronlinechoices.com/opt-out-interface.
If you would like to opt out of having interest-based information collected during your visits to our Website or other sites, both the National Advertising Initiative (the “NAI”) and the Digital Advertising Alliance (the “DAA”) offer opt out tools to assist you in managing your choices. Click http://www.networkadvertising.org/choices/ to visit the NAI opt out page and click http://www.aboutads.info/choices/ for the DAA opt out page.
You may wish to visit http://www.networkadvertising.org/understanding-online-advertising/ to learn more about interest-based advertising and your choices regarding having this information used by third parties and your “opt out” choices. Opting out through the DAA or the NAI only means that those DAA or NAI members will no longer be able to deliver targeted content and/or ads to you, which will affect our Website as well as other unaffiliated websites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit these opt out pages, or you subsequently erase your cookies, use a different computer or change web browsers, your opt out choices may not, or may no longer, be effective.
If you want to be removed from our marketing list and do not want us to send you e-mail, postal mail or other messages about our products and services, you can opt out. To do so, please send an e-mail to email@example.com, with the word “REMOVE” in the subject line.
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of such residents’ personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please e-mail us at firstname.lastname@example.org.
Data Retention and Account Termination
We use various safeguards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Manage Accurate Information
Access to Your Personal Information
You have the right to view, amend, or delete the personal information that we hold about you. To request access please email email@example.com. We will provide the information free of charge and within one month, except in the event that the request is unfounded, excessive or repetitive, in which case we reserve the right to charge a proportionate administration fee or refuse.
Rectification of Personal Information
If any of the information we hold on you is inaccurate or incomplete, you make ask us to correct or complete it at any time.
Your Right of Erasure, or to be Forgotten
You may request the deletion of any of the personal information we hold on you at any time.
Be aware that requesting deletion, unlike unsubscribing, is total and irreversible. This means that we will also lose record of you having ever been on our systems, including any previous instructions you have given us opting out of specific emails types. If you re-join our systems, by voluntarily providing your personal information, you will appear to us as a completely new data subject. This does not affect your other rights in any way.
To request deletion of your personal information, contact firstname.lastname@example.org using the email address we hold for you or otherwise proving your identity.
BOD COE is primarily based in the United States, with our servers and offices headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Website, an Account, or any Services provided by us may be processed and transferred to, and be subject to the laws of, the United States. The privacy and data protection laws in the United States may not be equivalent to similar laws in your country of residence. By using the Website or an Account, or by providing us with your information, you consent to the collection, transfer, storage and processing of information to and within the United States. If our cookies or other software detects IP addresses located in a country outside the United States, we reserve the right to deny access to any and all of our services.
Protecting the safety and privacy of children is very important to us. We do not accept registrations or requests for Services submitted by, and will not knowingly collect or use personal data from anyone under the age of majority as set out by the law of his/her country of residence. By registering, making any request for Services or purchases on the Website, you confirm that you have reached the age of majority in your country of residence.
No Information Collected from Children
The content and services provided by us or our affiliates, sponsors and advertisers are not intended for persons under the age of majority and in no way intended for children under the age. No information is knowingly collected or retained from children under the age of 13, nor is any such information knowingly used for any marketing or promotional purposes whatsoever, either inside or outside the Website. No part of the Website is designed to attract anyone under the age of 13. Children are not eligible to use any Services and we ask that children under the age of majority, as that is defined by the law of his/her country of residence, not submit any personal information to us or visit the Website. If we become aware that a child under the age of majority as defined by the law of his/her country of residence, has provided us with personal information without parental consent, we will take steps to remove such information and terminate the child's account. If you become aware that a child has provided us with personal information without parental consent, please contact us directly.
California Residents: Your California Privacy Rights
We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you first agree to such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above.
TERMS AND CONDITIONS OF ATTENDANCE AND PARTICIPATION
These are the terms (the “Agreement”) governing your attendance at and participation in any Board of Directors Center of Excellence event (the “Event” or the “BOD COE Event”). By registering for the Event you agree to these terms, which form a binding legal contract between Board of Directors Center of Excellence (“BOD COE”) and the registered attendee or participant (“you”). If you are registering on behalf of another individual, it is your responsibility to ensure the person attending 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 or participant aware of these terms and that they have accepted these terms.
1 Attendee Requirements
1.1 Admittance. Your registration entitles you to admittance to the Event for which you have registered. Any and all other costs associated with your attendance (including without limitation travel and accommodation expenses) shall be borne solely by you, and BOD COE shall have no liability for such costs.
1.2 Use of Likeness. By attending the Event you acknowledge and agree to grant BOD COE the right at the Event to record, film, 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, acknowledging the receipt and sufficiency of consideration, without any further approval from you or further payment (monetary or otherwise). This grant negates any cause of action for misappropriation of name, image or likeness, as outlined in California Civil Code §3344 and/or similar laws protecting such rights. This grant to BOD COE 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.
1.3 Event Content. You acknowledge and agree that BOD COE, 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, hosts, moderators, venue, and time.
1.4 Age Requirements. No one under the age of majority (as that age is set out by the law of his/her country of residence), including children in strollers accompanying their parents, will be admitted.
1.5 Identification. All attendees must provide two forms of identification: one government-issued photo ID and one document proving their affiliation with the company name appearing on their registration.
1.6 Attendee Badge Usage. Attendee badges must be worn at all times in Event areas.
2 Prohibited Conduct
2.1 Limitations on Use. By registering for a BOD COE Event Pass, you agree not to share, sell or trade your badge.In the event that BOD COE determines that you have violated this policy, BOD COE may cancel your badge(s), retain any payments made by you, report you to law enforcement authorities, and ban you from future BOD COE Events.
2.2 Disruptive Conduct. You acknowledge and agree that BOD COE reserves the right to remove you from the Event if BOD COE, in its sole discretion, determines that your presence or behavior create a disruption or hinder the Event or the enjoyment of the Event by other attendees. All BOD COE badges are the property of BOD COE and must be returned to BOD COE upon request.
2.3 Badge Misuse. Attendees wearing badges from previous BOD COE Events or falsified badges and/or sharing or swapping badges will be immediately ejected from the Event and banned from future Events. BOD COE considers such conduct theft of service, trespassing, and fraud and will report violators to law enforcement authorities. If such conduct is discovered after an Event, violators will be invoiced according to onsite registration pricing and will be required to pay their invoice in full in order to avoid being reported to law enforcement authorities.
2.4 Photography, Recording, Live Streaming. Attendees may not record or broadcast audio or video of sessions at BOD COE Events. Attendees may take photographs within the Event for purposes of company or annual reports, company media pieces, marketing materials, etc.
2.5 Unethical/Non-Compliant Marketing. BOD COE reserves the right to deny admission to anyone who engages in or is reported to be engaging in unethical or non-compliant marketing practices.
2.6 In addition to the requirements and prohibitions set forth in this Section 2, BOD COE may also exclude any prospective attendee from registering for or attending any Event, in BOD COE’s sole discretion. Furthermore, BOD COE reserves the right to cancel, in its sole discretion, any attendee’s registration upon refund of the admission fees paid to BOD COE; provided, however, that if an attendee is cancelled for violating any prohibition or requirement set forth in this Section 2, BOD COE may retain all fees paid to the extent consistent with law.
3.1 Payment. The payment of the applicable fees for the Event is due upon registration. If such payment is insufficient or declined for any reason BOD COE may refuse to admit you to the Event and shall have no liability in that regard.
3.2 Taxes. The fees may be subject sales tax, value added tax, or other taxes and duties which, if applicable, will be charged to you in addition to the fees. BOD COE is exempt under Section 501(c)(3) of the Internal Revenue Code, and, therefore, a portion of your contribution is deductible for United States Federal income tax purposes. The tax deductible portion of your contribution is limited to the amount in excess of the value of goods or services being provided to you by BOD COE. Following any tax deductible transaction in which you engage, BOD COE will separately provide to you the estimated value of goods and services begin provided.
5 Intellectual Property
5.1 All intellectual property rights in and to the Event. 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 BOD COE, its subsidiaries, joint ventures, or other companies under common control. 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 BOD COE.
5.2 No rights granted. 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 BOD COE or any of its affiliates, subsidiaries, joint ventures, or other companies under common control; nor does this Agreement grant to you any right or license to any other intellectual property rights of BOD COE or its affiliates, subsidiaries, joint ventures, or other companies under common control, all of which shall at all times remain the exclusive property of BOD COE, its affiliates, subsidiaries, joint ventures, or other companies under common control.
6 Disclaimer of Warranties, Limitation of Liability
6.1 BOD COE 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. Neither BOD COE nor its affiliates, subsidiaries, joint ventures, or other companies under common control accept any responsibility or liability for reliance by you or any person on any aspect of the Event or any information provided at the Event.
6.2 Except as required by law, neither BOD COE nor its affiliates, subsidiaries, joint ventures, or other companies under common control 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.
6.3 The maximum aggregate liability of BOD COE 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 BOD COE under this Agreement.
7 Miscellaneous. BOD COE’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. BOD COE shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BOD COE’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 BOD COE’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the City and County of Los Angeles, California for the resolution of any disputes. A party that substantially prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorney’s 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 BOD COE in any respect whatsoever.