Updated: September 4, 2024

These Event Terms and Conditions (the “Terms”) apply to any participant (the “Participant” or “You”) of the Side x Side event (the “Event”).  By purchasing a ticket to or attending the Event, You are agreeing to these Terms, together with Our Privacy Policy incorporated herein by reference. These Terms are a binding contract between You and Side, Inc. (the “Company” or “We”).  We reserve the right to update and change these Terms at any time. If You attend the Event following any such update or change to these Terms, You will be deemed to have accepted those updates or changes.

1. Registration for the Event

1.1 Purchasing a ticket and validly registering for the Event shall entitle You to admittance to the Event as a Participant, subject to these Terms. Any optional extras may result in additional charges to the basic registration fee.

1.2 If You register for the Event on behalf of other Participants or as a representative of a company, You confirm that You have authority to agree to these Terms on behalf of such Participants or the company. You shall also ensure such Participants attending the Event are made aware of, and shall be bound by, these Terms.

1.3 All registrations for the Event are subject to availability and to acceptance by the Company in its sole discretion.

1.4 Where the Event requires an event pass to enable entry, You may be required to provide evidence of Your identity for Your pass to be issued to You.  Participants must keep their event pass on their person at all times during their attendance at the Event and the Company reserves the right to refuse entry or eject Participants who fail to produce a pass when requested.  Participants found wearing falsified Event passes or sharing or swapping Event passes may, in Company’s sole discretion, be required to leave the Event.

1.5 Participants may not sell, transfer, or share their Event passes. Registered Participants may be substituted by other individuals at no extra cost by notice in writing to the Company at sidexside@side.com, subject to the Company’s approval and Your compliance with these Terms, including (without limitation) the need for any substitute individuals to provide registration details at least two (2) business days in advance of attending the Event and subject to screening. Substituted individuals must be current agents of the Company or otherwise pre-approved by Company.

2. Attendance Requirements

2.1 The Company reserves the right to refuse entry to any Participant to the Event or to remove any Participant from the Event without any liability for any reason and at its sole discretion.

2.2 Each Participant shall:

(a) observe the rules, policies and procedures of the venue at which the Event is held (the “Event Venue”) including but not limited to in relation to health and safety and any reasonable instructions issued by the Company or the management of the Event Venue;

(b) behave in a respectful, professional and appropriate manner and comply with the Code of Conduct set forth in Section 3; 

(c) if requested, provide valid identification of the Participant or any affiliated guests; and

(d) ensure they have adequate insurance for their own requirements, including personal accident and travel insurance, if applicable, prior to attending the Event.

2.3 You agree that Your travel to, and attendance at, the Event is at Your own risk and is not the responsibility of the Company, except as set out in Section 9. 

3. Participant Code of Conduct

3.1. The Company is committed to high standards of ethical conduct and providing a safe and inclusive environment for all Participants. Participants are expected to at all times act in a professional manner, including conducting themselves respectfully and with integrity. The Company strictly prohibits harassment, abuse or discrimination of any kind. The following is a non-exclusive list of the types of activities that are expressly prohibited: (a) engaging in activity that harasses or advocates harassment of another person; (b) conduct that is abusive, threatening, obscene, defamatory or libelous; (c) inappropriate verbal, graphic or physical conduct; (d) engaging in activity or promoting information that is false, misleading or promotes illegal activities; and (e) committing any act of fraud, embezzlement, theft, or other violation of applicable law.

3.2 Any violation of this Code of Conduct, as determined in Company’s sole discretion, will be grounds for removal from the Event with immediate effect. In such circumstances, Participant shall not be entitled to a refund of any Fees.

3.3 The Company reserves the right to recover from You any loss or damage incurred or suffered by Us, the Event Venue, or any other Participants as a result of your conduct at the Event or failure to comply with these Terms.

4. Fees

4.1 Payment in full of any applicable fees for the Event (“Fee” or “Fees”) is due upon registration. If such payment is insufficient or declined for any reason, the Company may refuse entry to the Event.  Participant shall be responsible for any applicable taxes.

4.2 You expressly authorize Company to charge the credit card You have selected for use in the payment processing portal.  You hereby agree to not file a credit card chargeback on any charges by Company in connection with your registration to the Event.  If a chargeback is filed for which you have submitted a payment, Company reserves the right to collect on such payment, and You shall be charged thirty dollars ($30.00) for any such chargeback.  Furthermore, You will be responsible for any and all additional fees related to filing the chargeback. 

5. Cancellation

5.1 All cancellations by Participants must be received in writing and delivered either via email to sidexside@side.com or through the registration portal prior to the first day of the Event. Cancellations received a minimum of thirty (30) days prior to the first day of the Event will be entitled to a full (100%) refund of Fees paid. Cancellations received less than thirty (30) days prior to the first day of the Event will be entitled to a partial (50%) refund of Participant Fees paid.

5.2 We may in exceptional circumstances need to cancel or postpone the Event, in which case we shall notify You as soon as reasonably practicable. In the event We cancel the Event, subject to Section 8, We shall issue a full refund of the Fees paid by You. In the event We postpone the Event, We shall offer You the option to either re-register for the rescheduled Event or, subject to Section 8, receive a full refund of the Fees paid by You. Our liability to You as a result of any cancellation or postponement of the Event shall be limited to the amount of Fees which You have paid to Us for the Event only and We shall not be liable for any additional damages or losses incurred by You as a result of such cancellation or postponement.

6. Intellectual Property and Ownership Rights

6.1 All materials, data, information, services and products provided by the Company or its event partners at, relating to or forming part of the Event (collectively, the “Content”) are the property of the Company or its event partners as applicable.

6.2 Participants may use the Content solely for their own personal use and benefit and not for resale, distribution, or other commercial purposes.

6.3 The trademarks and service marks owned by, or licensed to, the Company relating to the Event (“Event Marks”) may not be used without the Company’s prior written consent.

6.4 You understand that We may take photographs or create audio or visual recordings of the Event in which You are participating.  You hereby agree to irrevocably grant to Us the right and permission to use Your voice, image, photograph, likeness, video or any other form of media of the Participant (collectively, “Likenesses”) that is contained in any such materials for reasonable business purposes.  You hereby waive all claims for remuneration for such use and release and forever discharge Us from any and all claims and demands arising out of, or in connection with, the use of Your Likenesses. 

6.5 If You choose to provide feedback, including but not limited to any ideas, suggestions or other comments related to the Event (“Feedback”), We will own and may use of such Feedback without any restrictions and without obligations to you, and you hereby waive any claim you have to ownership, compensation, monetary or otherwise.

7. Changes to the Event

We may, in our sole discretion, change any aspect of the Event, including but not limited to the format, Content, venue, speakers, hosts, moderators or timing of the Event, which may include a change from a physical Event to an online event.  You shall not be entitled to any refunds as a result of any such changes.

8. Force Majeure

8.1 “Force Majeure” means circumstances which are beyond our reasonable control and which We reasonably determine is likely to affect the successful delivery of the Event or would make it inadvisable, impracticable, illegal, or impossible for us to host the Event or perform our obligations under these Terms, including but not limited to acts of God, war, pandemics, acts of terrorism, government regulations, disaster, strikes, civil disorder or curtailment of transportation facilities, and other circumstances resulting in a material percentage of the Participants being reasonably likely to be prevented from attending the Event.

8.2 If the Company cancels the Event as a result of a Force Majeure event, the Company may choose to either (a) reschedule the Event or (b) refund any Fees paid by a Participant. Other than as expressly provided for herein, the Company accepts no liability and shall pay no compensation in the event of a Force Majeure event.

9. Limitation of Liability

In no event shall We be liable to You for any indirect, incidental, consequential, special, punitive, exemplary or other damages, whether in contract, tort, negligence, strict liability, statute or otherwise, including but not limited to, damages for loss of business, profits, revenues, opportunities, goodwill, use, data or other intangible or economic losses of any kind, arising out of or in connection with your use of this website, the Content or your attendance or participation at the Event, even if such damages are reasonably foreseeable or You have been advised of the possibility of such damages in advance. Our entire liability for all claims of any kind arising out of, or related to, your use of this website, the Content or your attendance or participation at the Event will not exceed the Fees paid by You to attend the Event.

10. Disclaimer of Warranties

You agree that your access to the Event and use of the Content is at your sole risk and responsibility and acknowledge that all Content is provided "as is" and "as available." We make no express or implied representations or warranties of any kind or nature with respect to the Event or the Content, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement.  The Content is made available for your general information and any advice, opinion, statement or other information forming part of the Content is not intended to address your particular requirements. The Content does not constitute any form of advice, recommendation or arrangement by us and is not intended to be relied upon by users in making any specific business decision. Appropriate independent advice should be obtained before making any such decision.

11. Indemnification

You hereby agree to indemnify, defend, and hold Company and Our subsidiaries, affiliates, officers, directors, shareholders, employees and agents harmless from any and all disputes, claims, investigations, arbitrations, litigation, costs, penalties and damages (including reasonable legal fees) of any kind or nature that are incurred in connection with, or arising out of, your use of this website, your participation in the Event, your breach of these Terms, or your violation of any law or the rights of a third party.

12. Governing Law and Dispute Resolution

12.1 These Terms shall be governed by and construed in accordance with the laws of the State of California without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction.

12.2 If any controversy or claim arising out of or relating to these Terms, or the breach thereof, cannot be resolved through informal discussions between the parties, You agree for such controversy or claim to be settled by final and binding arbitration in San Francisco, California before a sole neutral arbitrator, mutually selected and agreeable to the parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties acknowledge and agree that they are hereby waiving any rights to trial by jury in any action, proceeding or counterclaim brought by any of the parties against the other in connection with any matter arising out of or in any way connected with these Terms or the Services.

13. Miscellaneous

13.1 No delay or failure by either party to enforce any provision of these Terms or exercise any of its powers, rights or remedies under these Terms will operate as a waiver or limitation of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.  Any waiver must be in writing to be effective .

13.2 These Terms supersede any and all prior agreements, understandings, and communications between You and Us, whether written or oral, express or implied, relating to the subject matter hereof. These Terms are intended as a complete and final expression of the terms of the agreement between You and us.  You agree that no party, nor anyone acting on their behalf has made any inducements, agreements, promises, nor representations other than those set forth in these Terms.  These Terms shall be binding upon the parties hereto and their respective successors and permissible assigns.

13.3 If any part, clause or provision of these Terms is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Terms did not contain the particular part, clause or provision held to be illegal or invalid.

13.4 The prevailing party in any action or proceeding to enforce these Terms shall be entitled to recover reasonable attorneys’ fees and costs.

13.5 You may not assign, sub-license or otherwise transfer any of your rights under these Terms without Our prior written consent.

Acknowledgment

Participant acknowledges and agrees to be bound by these Terms, as may be modified from time to time, in Company’s sole discretion. 

Federal, regional and local laws, rules and regulations may be applicable to your industry and activities. Participant is responsible for learning, knowing and complying with the applicable rules and regulations of various jurisdictions, including, without limitation, those set forth by the Department of Real Estate or any realtor association; any relating to MLS or title insurance; and any other laws, rules or regulations promulgated by any governmental body or professional association in any industry served by Company. We disclaim any liability for any Participant’s non-compliance with industry norms, laws and regulations.