THE DIASPORA ACADEMY

ERITREAN DIASPORA INNOVATORS SUMMIT

TERMS AND CONDITIONS OF USE 

These are the terms and conditions (the “Agreement”) governing your participation in any TDA owned and operated virtual event, meeting, show, seminar or conference, including the Eritrean Diaspora Innovators Summit, (the “Virtual Event”). 

 

By registering for the Eritrean Diaspora Innovators Summit (EDIS) you agree to these terms, which form a binding legal contract between the EDIS owner and host, The Diaspora Academy, (“TDA” or “Owner and Organizer”) and the registered participant (“you” or “Participant”). 

 

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 Participant aware of these terms and that they have accepted these terms. 

 

1 Participant Requirements 

1.1 Access. Your registration entitles you to access to the Virtual Event for which you have registered. Any and all other costs associated with your attendance shall be borne solely by you, and Virtual Event shall have no liability for such costs. 

 

1.2 Use of Likeness. By participating in the Virtual Event you acknowledge and agree to grant Virtual Event the right at the Virtual 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 Virtual 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. 

 

1.3 Virtual Event Content. You acknowledge and agree that Virtual Event, in its sole discretion, reserves the right to change any and all aspects of the Virtual Event, including but not limited to, the Virtual Event name, themes, content, Virtual Event, speakers, performers, hosts, moderators, venue, and time.  Virtual Event content shall be recorded by TDA and will be accessible to paid Participants.  

 

2 Prohibited Conduct 

2.1 Limitations on Use. By registering for a TDA Virtual Events pass you agree not to sell, trade, transfer, or share your complimentary access link and/or code, unless such transfer is granted by the Organizer. By registering for a paid Virtual Event Pass, you agree not to share, sell or trade your access. If TDA determines that you have violated this policy, TDA may cancel your access, retain any payments made by you, report you to law enforcement authorities, and ban you from future Virtual Events. 

 

2.2 Disruptive Conduct. You acknowledge and agree that Virtual Event reserves the right to remove you from the Virtual Event if TDA, in its sole discretion, determines that your participation or behavior create a disruption or hinder the Virtual Event or the enjoyment of the Virtual Event content by other attendees.  

 

2.3  Recording, Live Streaming, and Videotaping. Participants may not record or broadcast audio or video of sessions at TDA Virtual Events.  

 

2.4 Unethical/Non-Compliant Business Practices. TDA reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non-compliant business practices. 

 

2.5 In addition to the requirements and prohibitions set forth in this Section 2, TDA may also exclude any prospective participant from registering for or participating in any Virtual Event, in TDA’s sole discretion.  

 

3 Fees and Registration 

 

3.1 Payment. The payment of the applicable fee for the Virtual Event is due upon registration. If such payment is insufficient or declined for any reason TDA may refuse to allow you to access the Virtual Event and shall have no liability in that regard. 

 

3.2 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.  

 

4 Cancellation and Quality Assurance 

 

4.1 Your satisfaction with the Virtual Event is important. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Virtual Event the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that the Company does not offer refunds for any portion of your payment, and you will not receive a refund at any time. By using and/or purchasing the Virtual Event, you understand and agree that all sales are final, and no refunds will be provided.

 

The Company reserves the right, in its sole discretion, to determine how to manage any purchaser who violates these TOU. Therefore, if you disagree with how the Company manages another purchaser and request a refund, the Company will deny such request.

 

Furthermore, if a purchaser violates this TOU, the Company reserves the right, in its sole discretion, to offer the purchaser another opportunity to abide by this TOU. If you disagree with the Company offering another purchaser a second opportunity to follow these TOU, that does not entitle you to a refund. Refund requests made on this basis will not be granted.

 

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access to the Virtual Event without notice and without refund. 

 

We will evaluate individual complaints in a context of collective comments from the Virtual Event.  

 

As speakers are confirmed months before the Virtual Event, some speaker changes or topic changes may occur in the Virtual Event. TDA is not responsible for speaker changes, but will work to ensure a comparable speaker is located to participate in the Virtual Event. 

 

4.2 Cancellations are subject to the entire Virtual Event registration fee. All sales are final. No payments will be refunded or refundable. 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 TDA be obligated to refund all or a portion of the registration fee.  

 

4.3  If TDA is prevented from carrying out its obligations as it pertains to the Virtual Event you registered for as a result of any cause beyond its control, or such Virtual Event cannot be Virtually conducted because of a software or issue with the hosting platform or due to acts of God, strikes, labor disputes, government requisitions, restrictions or war or apparent act of war, terrorism, disaster, civil disorder, epidemic or pandemic, curtailment or restriction on transportation facilities, or any other comparable calamity, casualty or condition (collectively a “Force Majeure”) TDA shall have the right to immediately terminate the affected Virtual Event without liability and shall be relieved of its obligations to Registrant.  If the affected Virtual Event is terminated due to a Force Majeure occurrence before the first day of the Virtual Event, then TDA will reschedule the affected Virtual Event and your registration fee will be applied to the rescheduled Conference.   

 

5 Virtual Event Registration Confirmation 

5.1 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. 

 

5.2 You will receive essential information for registered attendees electronically at the email address and mailing address that are provided on your registration form. 

 

5.3 In addition, you will also be added to the Virtual Event participant list for notifications of future Virtual Events. 

 

5.4 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. 

6 Intellectual Property Rights

 

6.1 Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Virtual Event, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“Content”) is property of the Company and/or its affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

 

6.2 The Company’s Limited License to You

If you view, purchase or access the Virtual Event or any of the Content, you will be considered the Company’s licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license to the Content for personal, non-commercial use only, limited to you only. 

This means you may view, download, print, email and use one copy of the Virtual Event materials or other Content for your own personal purposes or within your own business only. 

 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any Content for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any Content shall constitute infringement. 

 

You must receive the Company’s written permission before using any of the Content for your own commercial use or before sharing with others. 

 

You are strictly prohibited from uploading or distributing Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence technologies.

 

The trademarks and logos displayed on the Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the Company’s written permission.

 

All rights not expressly granted in these terms or any express written license, are reserved by the Company.

 

6.3 Unauthorized Use

Your use of Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Virtual Event in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use. 

 

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

 

6.4 Your License to the Company; Use in Testimonials and Marketing. 

By posting or submitting any material during the Virtual Event such as comments, posts, photos, designs, graphics, images, videos, or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least 18 years old. You are also granting the Company, and anyone authorized by the Company, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and are granting the Company the right to make it part of the Company’s current or future Virtual Event and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you. 

 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Virtual Event that may contain you, your voice and/or your likeness. In the Company’s sole discretion, the Company reserves the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your use of the Virtual Event, without compensation to you at any time, now or at any time in the future. 

 

You also grant the Company, and anyone authorized by the Company, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that the Company has the right but not the obligation to use any contributions from you and that the Company may elect to cease the use of any such contributions in the Virtual Event or in the Content at any time for any reason. 

 

This means you give the Company permission to use anything you submit or post in the Virtual Event or any third-party forum or website operated by the Company, or anything captured by the Company during your use of the Virtual Event, including images in which your face is visible and recognizable. 

 

6.5 Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by completing the “Contact” form on the website, or by sending an e-mail to [email protected].

 

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you consent to immediately stop using such Content and to take whatever actions as the Company may request and by the methods and in the time frame that the Company prescribes to protect the Company’s intellectual property and ownership rights in the Virtual Event and Content.

 

7. Your Conduct

Please choose carefully the materials that you upload, submit, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public. 

 

You are responsible for the comments, posts, photos, images, videos and other contributions you submit and for any liability that may result from any material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and in any third-party forums operated by the Company, whether by leaving a comment or engaging in a chat, in a public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene, or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time. 

 

You are strictly forbidden from the following:

 

• Harassing, fighting with, or being disrespectful to other purchasers

 

•   Causing damage to any Company website or third-party forums operated by the Company

 

•   Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity

 

•   Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software

 

•   Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications including, but not limited to, communications for marketing or advertising purposes

 

•   Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

 

• Sharing private and proprietary information from other purchasers with anyone else
  
  
• Using discriminatory speech, hate speech, comments, or actions against other purchasers based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.

 

The Company may post separate guidelines regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.

 

While the Company does its best to create a safe and welcoming Virtual Event, the Company cannot guarantee that all purchasers will follow these guidelines. The Company, in its sole discretion, may delete or modify, in whole or part, any comments, posts, content, or materials, however, the Company does not have a duty to review all comments, posts, content, and materials. Therefore, the Company shall not be held liable for any comments, actions, posts, content, or materials that result in another purchaser’s trauma or discomfort. The Company also does not endorse or make any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and on any third-party forums operated by the Company.

 

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your access to the Virtual Event and Content without refund. 

8 Your Privacy Is Important to Us Introduction This Notice explains how The Diaspora Academy (“TDA”) collects and processes your Personal Data. Each time you use our Site, the current version of this Notice will apply. Accordingly, whenever you use our Site, you should check the date of this Notice (which appears at the top) and review any changes since the last version. This Notice is applicable to all Site visitors, registered users, and all other users of our Site. “Personal Data” is any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity. By visiting www.thediasporaacademy.com or related properties, including, but not limited to www.edis2026.com, (the “Site”), you acknowledge that you have read and understood the processes and policies referred to in this Notice. 

 

Who we are For the purposes of the General Data Protection Regulation 2016/679 (the “GDPR”), the Data Controller is the The Diaspora Academy, Inc. registered in Maryland, USA, doing business as the The Diaspora Academy “TDA” with a business address of 2001 L St. NW, Suite 500, #2095. 

 

How to contact us If you have any questions or concerns about this Notice, please contact us using the Contact Us section on our Site. Alternatively, you can contact us by phone at 646-926-7278, by sending an email to [email protected]  or by mail to 2001 L St. NW, Suite 500, #2095. 

 

How we collect personal data Personal Data that you give us We may collect and process the following Personal Data:

• Contact information, which you provide when corresponding with us by phone, email or otherwise. This includes information you provide when you participate in discussion boards or other social media functions on our Site and when you report a problem with our Site. The information you give us may include your name, address, email address, phone number, financial information and/or credit card information.
• Due payment information, including financial information such as credit/debit card and account numbers used to process your Virtual Event ticket registration and/or sponsorship payment.
• Purchase information, relating to purchases of Vendor Passes and Virtual Event participation, either in-person or via our Site. Purchase information will include financial information as well as information concerning the content and time of the purchase.

Personal data we collect from you With regard to each of your visits to the Site we will automatically collect the following information:

• Technical information, including the Internet protocol (IP) address used to connect your computer or device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• Information about your visit, including pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number; and
• Location information

 

Non-Personal Data We collect information that is sent to us automatically by your web browser and we may use this information to generate aggregate statistics about visitors to our Site, including, without limitation:

• IP addresses
• Browser type and plug-in details
• Device type (e.g., desktop, laptop, tablet, phone, etc.)
• Operating system
• Local time zone

We may use non-Personal Data for various business purposes such as providing customer service, market research, and improving our Site. Please check your web browser if you want to learn what information your browser sends or how to change your settings. 

 

How we use your Personal Data We will only process your Personal Data, including sharing it with third parties, where (1) you have provided your consent which can be withdrawn at any time, (2) the processing is necessary for the performance of a contract to which you are a party, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) processing is necessary for the purposes of our legitimate commercial interests, except where such interests are overridden by your rights and interests. 

 

Personal Data that you give us We may use Personal Data that you provide directly to us for the following purposes:

• to carry out our obligations arising from your Virtual Event registration, or any other contract entered into between you and us and to provide you with the information, products and Virtual Event registration services that you request from us;
• to organize Virtual Events that you have purchased or registered for, and to provide you with information, and other materials, relating to the content of the Virtual Event, the speakers, sponsors and other attendees;
• to provide our newsletter and other publications, provided you have given your consent;
• to respond to your questions and provide related Virtual Event registration services;
• to provide you with information about other Virtual Events, products and services we offer that are similar to those that you have already purchased, provided you have not opted-out of receiving that information;
• to provide you, or permit selected third parties to provide you, with information about Virtual Events, products or services we feel may interest you, provided you have given your consent;
• to transfer your information as part of a merger or sale of the business;
• to notify you about changes to our Virtual Events; and
• to ensure that content from our Site is presented most effectively for you and your computer.

Information we collect about you We will use Personal Data that we have collected about your use of our Site:

• to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve our Site to ensure that content is presented most effectively for you and your computer; as part of our efforts to keep our Site safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
• to make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.

Personal Data we receive from other sources We will combine this information with information you give to us and information we collect about you. We will use this information and the combined Personal Data for the purposes set out above (depending on the types of information we receive). 

 

When we share and who can access your Personal Data We may share your Personal Data for the purposes described in this Notice with:

• a member of our group
• partners, suppliers and sub-contractors, for the performance of obligations arising from your Virtual Event registration, or any other contract we enter into with them or you or to provide you with the information, products and Virtual Event registration services that you request from us
• analytics and search engine providers that assist us in the improvement and optimization of our Site
• trusted third-party companies and individuals to help us provide, analyze, and improve the Site and our Virtual Event registration services (including but not limited to data storage, maintenance services, database management, web analytics and payment processing)
• in the Virtual Event that we sell or buy any business or assets, in which case we will disclose your Personal Data to the prospective seller or buyer of such business or assets
• if TDA or substantially all of its assets are acquired by a third party, in which case Personal Data held by it about its customers will be one of the transferred assets.

We will only transfer your Personal Data to trusted third-parties who provide sufficient guarantees in respect of the technical and organizational security measures governing the processing to be carried out and who can demonstrate a commitment to compliance with those measures. 

 

Selling or renting your Personal Data We will never sell or rent your Personal Data to third parties without your opt-in consent. 

 

Security Although we use security measures to help protect your Personal Data against loss, misuse or unauthorized disclosure, we cannot guarantee the security of information transmitted to us over the internet. All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology. 

 

Transfer of Personal Data outside of the European Economic Area (“EEA”) and international users We are headquartered in the United States. Your Personal Data may be accessed by us or transferred to us in the United States or to our affiliates, partners, merchants, or service providers who are located worldwide. If you are visiting our Site from outside the United States, be aware that your information may be transferred to, stored, and processed in the United States where our servers are located, and our central database is operated. By using our Service, you consent to any transfer of this information. 

 

How long we store your Personal Data We will store your Personal Data, in a form which permits us to identify you, for no longer than is necessary for the purpose for which the Personal Data is processed. We may retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it. Consistent with these requirements, we will try to delete your Personal Data quickly upon request. 

 

Retention We will retain your information for as long as your account is active or as needed to provide you with our Site. If you wish to cancel your account or request that we no longer use your information to provide you service, contact us at [email protected]. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We maintain one or more databases to store your Personal Data and may keep such information indefinitely. 

 

Where we store your personal data The Personal Data that you provide to us is generally stored on servers located in the United States. If you are located in another jurisdiction, you should be aware that once your Personal Data is submitted through our Site, it will be transferred to our servers in the United States and that the United States currently does not have uniform data protection laws in place 

 

Cookies and Do Not Track policy We use cookies for anonymous tracking data.  

 

Links to third party sites and services Our Sites may contain links to third party websites, applications and services not operated by us. These links are provided as a service and do not imply any endorsement by us of the activities or content of these sites, applications or services nor any association with their operators. Company is not responsible for the privacy policies or practices of any third party including websites or services directly linked to our Service. We encourage you to review the privacy policies of any third party site that you link from our Service. 

 

Your rights Correction and removal If any of the information that we have about you is incorrect, or you wish to have information (including Personal Data) removed from our records, you may do so by contacting us at [email protected]. 

 

Opting out Additionally, if you prefer not to receive marketing messages from us, please let us know by clicking on the unsubscribe link within any marketing message that you receive, by sending a message to us at [email protected]. 

 

Your European rights FOR EUROPEAN RESIDENTS ONLY. You have the right to ask us not to process your Personal Data for marketing purposes. We will usually inform you (before collecting your Personal Data) if we intend to use your Personal Data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prVirtual Event such processing by checking certain boxes on the forms we use to collect your Personal Data. You can also exercise the right by contacting us using the Contact Us section on our Site. Under European data protection law, in certain circumstances, you have the right to: 

 

Request access to your Personal Data. You may have the right to request access to any Personal Data we hold about you as well as related information, including the purposes for processing the Personal Data, the recipients or categories of recipients with whom the Personal Data has been shared, where possible, the period for which the Personal Data will be stored, the source of the Personal Data, and the existence of any automated decision making. 

 

Request correction of your Personal Data. You may have the right to obtain without undue delay the rectification of any inaccurate Personal Data we hold about you. 

 

Request erasure of your Personal Data. You may have the right to request that Personal Data held about you is deleted. 

 

Object to processing of your Personal Data. You may have the right to prevent or restrict processing of your Personal Data. 

 

Request restriction of processing your Personal Data Request transfer of your Personal Data. You may have the right to request transfer of Personal Data directly to a third party where this is technically feasible. 

 

Withdraw your consent In addition, where you believe that TDA has not complied with its obligations under this Notice or European law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office. You can exercise any of these rights by contacting us using the Contact Us section on our Site. 

 

Your Californian rights FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Data with third parties. If you reside in California and have provided your Personal Data to TDA, you may request information about our disclosures of certain categories of Personal data to third parties for direct marketing purposes. Such requests must be submitted to us at one of the following addresses: [email protected]. TDA  Attn: California Privacy Rights 2001 L St. NW, Suite 500, #2095, Washington, D.C. 20006 

 

Changes to this Notice If we make any material changes to this Notice or the way we use, share or collect personal Data, we will notify you by revising the “Effective Date” at the top of this Notice, prominently posting an announcement of the changes on our Site, or sending an email to the email address you most recently provided us (unless we do not have such an email address) prior to the new policy taking effect. Any changes we make to this Notice in the future will be posted on this page and, where appropriate, notification sent to you by email. Please check back frequently to see any updates or changes to this Notice. 

 

9 Disclaimer of Warranties, Limitation of Liability 

 

9.1 TDA gives no warranties in respect of any aspect of the Virtual Event or any materials related thereto or offered at the Virtual 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 Virtual Event is provided on an “as-is” basis. The views, opinions, and positions expressed by the speakers, attendees, or sponsors at the Virtual Event are theirs alone and do not necessarily reflect the views, opinions, or positions of TDA or any employee thereof. Virtual Event makes no representations as to accuracy, completeness, timeliness, suitability, or validity of any information presented by speakers, attendees, or sponsors at a TDA Virtual 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.  TDA does not endorse, and expressly disclaims all liability relating to, any of the products or services provided by speakers, attendees, or sponsors. 

 

9.2 Except as required by law, neither TDA nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Virtual Event or other aspect related thereto or in connection with this Agreement. 

 

9.3 The maximum aggregate liability of Virtual Event for any claim in any way connected with, or arising from, the Virtual 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 TDA under this Agreement. 

10 Miscellaneous Virtual Event’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. TDA shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TDA’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 TDA’s prior written consent. This Agreement shall be governed by the laws of the State of Maryland and the parties shall submit to the exclusive jurisdiction of the Maryland 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 TDA in any respect whatsoever.