These Firstup Events Terms and Conditions (this “Agreement”) contain the terms and conditions that govern your registration for, attendance at, and participation at Attune ’23 for which you are registering to attend, and as part of such registration, this Agreement is referenced (the “Event”). This Agreement is an agreement between Firstup, Inc. and/or the affiliated entity that is listed as part of your registration (“Firstup,” “we,” “us,” or “our”) and you or the entity you represent (“you”). By clicking “Submit” on the registration page or by attending or participating in the Event, you confirm that (1) you have read, understand and agree to this Agreement, and (2) you are at least 18 years of age, or if registering on behalf of a minor, you are authorized to agree to this Agreement on behalf of said minor. Unless otherwise permitted by Firstup in writing, you must be 13 years of age or older to attend the Event.
- Arizona Biltmore Registrations. If you register to stay at the Arizona Biltmore (the “Hotel”) in connection with the Event, you agree that Firstup may share your first and last name with the Hotel in order for the Hotel to cross reference its registration list. You further acknowledge and agree that you may receive communications from the Hotel either as part of your direct registration with the Hotel or based on the sharing of such information by Firstup with the Hotel.
- We Do Not Offer Refunds. Once paid, registration fees for the Event are non-refundable (except as otherwise provided in this Agreement).
- Registration Transfers. Registrations may not be sold, resold, bartered, auctioned, or transferred in any way, without our written consent. If a registrant can no longer attend the Event, he/she may contact us and request to transfer his/her registration to another person. Transfer requests can be submitted up until two (2) weeks before the relevant Event. Event staff will formally transfer the entire registration and will issue a badge in the new name. It is not possible to transfer a registration to another Event in a different city.
- Identification. Before being admitted to the Event and obtaining an Event badge, all attendees will be required to present a valid passport or other government-issued identification (copies will not be accepted) that matches the name on the registration in order to receive admission to the Event. If you are between the ages of 13 and 17, you may present a valid passport or educationally-issued photo identification.
- Badge-Sharing is Not Allowed. It is prohibited for attendees to share badges/registrations. Event participants violating this policy may be sanctioned or expelled from the conference without a refund at Firstup’s discretion.
- Badges Are Non-Replaceable. Badges are non-replaceable. Firstup is not responsible for replacement of any lost, damaged, or stolen badges. Unless otherwise agreed by Firstup, the full Event fee will be charged to replace a lost badge. Your badge may be invalidated by Firstup if any portion has been removed, altered, or defaced, or Firstup suspects that you have altered your badge in any way.
- Limited Conference Access. Only participants with valid, Firstup-issued badges are allowed access into the Event conference areas or into Event-related social events (on-and off-site). All Event participants are required to wear their badges for the duration of Event in a way that allows for their badge to be legible and visible at all times. If requested by security, attendees may be required to provide additional identification. Event participants violating any part of these policies may be expelled from the Event without a refund at Firstup’s discretion. Firstup reserves the right to reasonably refuse registration or admission to anyone for any reason. If Firstup cancels a registration for a reason which is not attributable to the registrant, we will provide a full refund.
- International Visa. Firstup encourages you to apply for a visa (if you need one) BEFORE registering for the Event. Please email us at the email address below to request a visa invitation letter to assist you in this process. Event registrations are non-refundable and we will not refund your registration fee if your visa application is denied.
- Sanctions. You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.
- Workshop Access Only if Paid and On Class List. Event workshops may require a separate purchase from the Event conference pass (if such option is made available during your registration). In such case, workshop access is only granted if it has specifically been paid for as part of your registration. All workshop attendees are required to register for the specific workshop(s) that they are planning to attend. Only if an attendee is on the class list for a specific workshop, will he or she be granted access to that classroom on the day of the workshop. Registration to specific workshops is on a first-come, first-serve basis. Some workshops have class-size limitations and hence sell-out. Should that happen, you will be asked to select a different workshop. This will not be a reason for you to receive a workshop refund. The term “workshop” includes classes, sessions, tutorials and trainings.
- Late Arrival for Workshops Can Mean That You Lose Your Seat. We sometimes have a waitlist for a specific workshop. Should you be registered for a waitlisted workshop and you arrive more than 15 minutes late to said workshop, we reserve the right to re-assign your seat to someone from the waitlist. If this happens to you, upon arrival at the Event, you may be asked to select a new workshop, based on seat-availability. Late arrival and subsequent re-assignment of workshop and/or seat, will not be considered a valid reason to request a refund.
- Change and Cancellation of Workshops. There may be instances where workshops have to be cancelled, a different instructor has to be assigned to a specific workshop, or content has to be altered, by us or instructors to match audience level/needs. Any modification to workshops will not constitute a valid reason for a refund of the workshop fee or entitle the attendee to any compensation or reimbursement of any related or associated costs, fees, penalties or losses that he or she might have incurred or incur in the future. In the event of cancellation of a workshop, Event staff will endeavor to notify the registered attendees and if applicable, ask for a different workshop to be selected from our offering.
- Event Cancellations and Changes. Event dates and locations are subject to change. We reserve the right to cancel, postpone/move up, or relocate the Event or related social events at our sole discretion. If we cancel or postpone the Event, we will use reasonable efforts to reschedule it within twelve (12) months from its original start date. The rescheduled event may not be in the same location/city. Registration fees paid by registrants for a cancelled or postponed Event can be applied to the rescheduled conference on a dollar-for-dollar basis only. In the event that we are not able to reschedule the cancelled Event, registrants will be offered a refund. If the rescheduled Event is in a different location and registrants are unable to attend, we will evaluate on a case-by-case basis. Our liability is limited to a refund of registration fees already paid in the event of a cancelled or rescheduled Event. Firstup is not responsible for incurred expenses, including but not limited to airline tickets, hotel costs, other tickets or payments, or any related or associated costs, fees, penalties, losses, or expenses registrants may incur or have incurred as a result of any trip cancellations or changes. Firstup reserves the right to change any and all speakers or instructors without notice.
- Payment Information. Registration fees are subject to taxes, as applicable. Payments are processed in U.S. funds. If the price shown is denominated in a currency other than USD, it will be processed at the then-posted foreign currency exchange rate. We are not responsible for any discrepancies between bank exchange rates, bank card exchange rates, foreign bank transaction fees, internet posted exchange rates, etc.
- Code of Conduct. Firstup is dedicated to providing a harassment-free Event experience for everyone, regardless of gender, sexual orientation, disability, physical appearance, body size, race, or religion. We do not tolerate harassment of Event participants in any form. Sexual language and imagery is not appropriate for any Event venue, including any presentations. Admission to the Event may also be subject to additional conditions of the Event venues, including COVID-19 protocols. All attendees must follow safety signage, instructions, rules and COVID-19 protocols and guidelines. Event participants (including speakers, sponsors, staff, or guests) violating these rules may be sanctioned and/or expelled from the Event without a refund at Firstup’s discretion.
- No Harassment. Any form of written, social media, or verbal communication that can be offensive or harassing to any attendee, speaker, sponsor, or staff is not allowed at the Event. In addition to treating others respectfully, please do not bring items with disrespectful, malicious, or sexually-oriented writing, images, or audio to the Event. Please inform an Event staff member if you feel a violation has taken place and the Event leadership team will address the situation confidentially and with discretion.
Harassment includes offensive verbal comments related to gender, sexual orientation, disability, physical appearance, body size, race, religion; sexual images in public spaces; deliberate intimidation; stalking; following; harassing photography or recording; sustained disruption of talks or other events; inappropriate physical contact; and unwelcome sexual attention. Participants asked to stop any harassing behavior are expected to comply immediately. Exhibitors in the Event venue, sponsor or vendor presentations or booths, or similar activities are also subject to this code of conduct. In particular, exhibitors should not use sexualized images, activities, or other material.
Without limiting the foregoing, you agree to (a) behave in such a way as to create a safe, supportive learning environment while at the Event and any related events, (b) not engage in disruptive speech or behavior or otherwise interfere with the Event or other individuals’ participation in the Event, (c) comply with all applicable laws, and (d) not engage in any form of harassing, offensive, discriminatory or threatening speech or behavior, including relating to race, gender, sexual orientation, religion, or disability.
If a participant engages in harassing behavior or otherwise breaches the obligations above or if we reasonably believe that a participant will do so, the Event organizers may take any action they deem appropriate, including warning the offender or expulsion from the Event with no refund. If you are being harassed, notice that someone else is being harassed, or have any other concerns, please notify the staff at the Event registration desk. Whilst you may, of course, post your complaint to social media we would prefer you to give Firstup a chance to resolve this issue on a personal, face-to-face level first. Addressing sensitive issues like these in this way is generally faster and is also ultimately more effective.
- Photography and Video of You. Throughout the Event, you may see photographers and videographers capturing and documenting the Event. It is possible that you will appear in some of those photos/videos, which are used for future marketing, as discussed below (“Recordings”). By attending the Event, you consent to such Recordings. If you do not consent to such Recordings, do not attend or participate in the Event. We also encourage attendees to share their Event experiences via their own photos and videos on social media, subject to the restrictions set forth in Section 20 below.
By attending the Event, you hereby grant Firstup, its agents, affiliates, successors, assigns, licensees, sponsors, media partners, advertising agencies, and all persons or corporations acting with its permission as Firstup may designate from time to time and each of the foregoing's respective affiliates, directors, officers, employees, contractors, representatives, agents, successors and assigns (collectively, the “Firstup Parties”) the exclusive and unlimited irrevocable, worldwide, royalty free, sub-licensable (through multiple tiers) license to use, store, copy, transmit, reuse, publicly display, publish and/or re-publish, in any manner or medium, now or later developed for the purpose of illustrating, advertising and promoting the Event, future and other events, and Firstup’s business and its products and services, (i) your name, likeness, company logo and name and any and all video, photographic, or other images or recordings of you, and any statements made by you at or relating to the Event; and (ii) all materials (electronic or hard copy) submitted or presented by you in connection with the Event ((i) and (ii) are collectively referred to as “Materials”). You understand you will not be compensated in any way for any of these uses or have any right to examine or approve these uses and agree to release the Firstup Parties from all claims and liability relating to the use of the Materials. The Firstup Parties have the right to change, modify, or alter the Materials in any way without your prior permission, and you hereby waive any and all rights with respect to such changes, modifications, or alterations, and you release Firstup from all liability related thereto. The foregoing permission and release shall inure to the benefit of the assigns, licensees and legal representatives of the Firstup Parties.
- Firstup Technology. Firstup may provide pre-release information relating to upcoming products and/or services. Firstup agrees that you may discuss technical information about pre-release Firstup products or services disclosed by Firstup at the Event, except that you may not post screenshots, write public reviews or redistribute any pre-release Firstup products or services. As a reminder, any sample code or pre-release Firstup software provided to you by Firstup during the Event may be subject to a separate agreement, and you agree to be bound by such agreement. Pre-release Firstup software is Firstup’s confidential information, and you agree not to use or disclose it.
- Photography and Video of Firstup/the Event. You may take your own still photos during the Event and share them on social media. You are not permitted to record or otherwise take your own video of sessions, presentations, keynotes, workshops, labs, workshops, etc., and share the video; regardless of whether the recording or video is shared online, offline, live, or archived. Event participants violating this policy may be sanctioned or expelled from the Event without a refund at Firstup’s discretion. If you take still photos and post them on social media, please adhere to the following guidelines: (i) do not post material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, or that constitutes infringement; (ii) do not post material that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous, derogatory, or libelous; and (iii) do not post material that is unlawful, in violation of, or contrary to the laws or regulations in any state. In addition, if an Event speaker, presenter or another participant requests that you do not take a photograph, you must adhere to such request. Event participants violating this policy may be sanctioned or expelled from the Event without a refund at Firstup’s discretion.
- Use of Internet/Wi-Fi. All participants agree to use the Event-provided internet/Wi-Fi at any Event venue only for purposes that are permitted by law and in accordance with any terms and conditions of use by such venue. Participants acknowledge that they understand that their use of the internet will be over an open and unsecured network and the safety and privacy of communications and transactions cannot be guaranteed. Bandwidth provided will accommodate general email but may not support downloading heavy files or streaming video.
- Speaker’s Own Opinion. Firstup does not endorse any opinions, statements, or presentations made by speakers, sponsors, attendees, guests, or other Event participants. These statements solely reflect the opinion of the respective speaker. Firstup cannot be held liable or responsible for these statements. However, if statements made by a speaker violate this Agreement, we request that our Event staff be immediately notified so that this can be addressed and necessary steps can be taken per our policy.
- Volunteers and Temporary Staff. Firstup may rely on the help of volunteers and temporary staff to host the Event. Volunteers and temporary staff are not employees or staff of Firstup. As such, Firstup cannot be held responsible for their actions, beliefs or statements. However, if you hear any inappropriate statements or see inappropriate behavior, please bring it immediately to the attention of the Firstup staff.
- Liability. You voluntarily assume all risk and danger incidental to attending the Event and Event-related events, whether occurring prior to, during or subsequent to Event, and the Firstup Parties will not be liable for any resulting harm, including death, personal injury, loss, damage, or any other liability. The Firstup Parties will have no liability to attendees and hereby disclaim any and all warranties of any kind, express or implied for the Event. The Firstup Parties assume no responsibility or liability for any loss or damage which arises as a result of any use of the facilities or services provided at the Event, or for any use of or reliance on any content displayed on our website. This includes, but is not limited to, the main Event venue, possible off-site Event-related events, suppliers, vendors, exhibitors, sponsors, speakers, guests, volunteers, staff, other participants, hotels, and transportation services.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL (a) THE FIRSTUP PARTIES BE LIABLE FOR ANY LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR RELIANCE DAMAGES, AND (b) THE LIABILITY OF THE FIRSTUP PARTIES FOR DIRECT DAMAGES UNDER THESE TERMS EXCEED $100. Firstup does not exclude or limit our liability where it would be unlawful to do so.
You (for yourself, your heirs, personal representatives, assigns, and anyone else who might make a claim on your behalf) hereby release the Firstup Parties, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that you may have now or in the future associated in any way with the Event or the Materials. You hereby irrevocably waive and relinquish any and all rights which you may have under the provisions of Section 1542 of the Civil Code of the State of California, which Section reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
- Indemnification. You will defend, indemnify, and hold harmless the Firstup Parties from and against any loss, damage, judgment, settlement, expense, interest, costs and expenses (including without limitation reasonable attorneys’ fees and costs), and any other liability related to or arising out of your attendance, participation or conduct at the Event.
- Theft and Loss. The Firstup Parties will not be responsible for loss or theft of your property of any kind during the Event. This includes, but is not limited to, items left unattended in hotel rooms, at exhibitor tables, personal items left in session rooms or workshop rooms or coats and jackets left on coat racks. Please ensure you keep personal belongings with you at all times. However, should you have lost an item, please check with the registration desk in case your item has been turned in.
- Legal Drinking Age and Alcohol Consumption. The Firstup Parties will not assume any responsibility or liability for under-age alcohol consumption or the effects of alcohol consumption in general. You expressly release the Firstup Parties from any and all claims that may arise out of alcohol consumption at the Event, at Event-related events, or the travel to/from the Event.
- Food Allergies. Severe food allergies must be brought to the attention of the Event staff PRIOR to registering to attend the Event (see email address on the bottom). Event staff will attempt to accommodate such allergies as reasonably possible. Food allergies that are brought to the attention of Event staff AFTER the purchase of an Event ticket will be accommodated if reasonably possible but will under no circumstance be a reason for a refund. The Firstup Parties will not assume any responsibility to accommodate severe food allergies where such allergies have not been fully communicated to the Firstup Parties within a reasonable time in advance of the Event.
- Communicable Diseases/Conditions. Firstup asks you to please use good judgment regarding your overall health when attending the Event. Out of respect to other Event attendees, please do not attend if you have any diseases/conditions that can be communicated by close contact, such as is present in any conference environment. Should a health concern be reported to Event staff, we reserve the right to further investigate the claim, and at Firstup’s discretion, said participant may be asked to leave the Event without a refund.
- COVID-19 Policies. All attendees at the Event are required to adhere to (i) Firstup’s COVID protocols as may be provided from time to time; (ii) all policies and procedures related to COVID-19 that are in place at any Event venue; and (iii) any law, order, or regulation in effect at any Event location related to COVID-19. You acknowledge and agree that COVID-19 is highly contagious and that there are no known precautions that guarantee prevention of the COVID-19 virus. You further acknowledge that Firstup is not an insurer of your risk and Firstup cannot prevent sickness, injury or harm including from COVID-19. You agree, to the fullest extent permitted by law, to waive, defend, indemnify, and hold harmless the Firstup Parties from and against any and all claims, allegations, liens, lawsuits, or grievances directly or indirectly related to COVID-19, that may be brought by any person or insurer, no matter how caused. Firstup reserves the right in its sole and absolute discretion to remove from the Event any attendee who fails to follow Firstup’s COVID-19 Protocols or any protocols in place by any Event venue or required by law, order or regulation.
- Emergencies. In case of an emergency during the Event or during an off-site Event-related event, please follow the instructions from venue staff and venue announcements.
- Copyrights and Trademarks. Product and brand names remain the trademarks of the respective companies. The Event is a private event of Firstup, and Firstup or its licensors or affiliates hold all trademarks and copyrights for the content of the Event. No use of the Event’s or Firstup’s trademarks is permitted without our prior written approval.
- Badge Scanning. Event conference badges may include an NFC or other RFID technologies to help us serve attendees and determine participation in various sessions and activities. The information encoded on the NFC/RFID chip may include your name, title, company, and contact information. Your participation in our polling and surveys is crucial in providing us with feedback regarding the presentations. We use your votes/surveys to improve our conference content through mostly quantitative means, but on occasion also by reaching out to you for additional qualitative feedback, should you wish to share it. The Firstup Parties may also use your votes/survey responses to keep you informed of relevant Firstup content and other events.
- Intellectual Property. Unless otherwise indicated, Firstup and/or its licensors own or otherwise have the rights for all content presented in the Event. Some of the rights in the content may be owned by individual presenters and is being presented pursuant to a license. The Event and any recordings thereof are to be viewed by the Event registrant only. Except as otherwise expressly set forth herein, the Content (as defined below) must under no circumstances be recorded or reproduced. Recordings of the presentations at the Event and copies of materials may be made available post-event and are for personal/non-commercial use only (collectively “Content”). The Content cannot be modified or republished or presented in any way without the prior consent of Firstup. Any breach of copyright, including recording the presentations or any unauthorized use of the Content may lead to legal action.
- Learning Outcomes. Firstup is not liable for the content or quality of any presentation or if any learning outcomes did not entirely meet expectations.
- Third Parties. These terms are between us and the business registrant and no other person (other than the Firstup Parties) shall have any rights to enforce any of its terms.
- Governing Law. This Agreement will be governed by the laws of the State of California, without giving effect to the conflict of law provisions thereof. The parties irrevocably agree that any legal action or proceeding relating to this Agreement will be instituted only in any state or federal court in San Francisco, California. Neither the United Nations Convention of Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act will apply to this Agreement.
- Force Majeure. Neither party will incur any liability to the other party on account of any loss, claim, damage, or liability to the extent resulting from any delay or failure to perform all or any part of this Agreement, if and to the extent such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the reasonable control and without any negligence on the part of the party seeking protection under this Section, including delays or failures, acts of God, strikes, lockouts, riots, pandemics, acts of war, terrorism, earthquake, fire, explosions, or resulting, directly or indirectly, from COVID-19 or any variants thereof, including but not limited to shutdowns, “Shelter-in-Place,” curfews, or any other quarantine order imposed at a city, county, state or Federal level.
- Contact Us. If you have questions about this Agreement and/or would like to contact us, please email us at firstname.lastname@example.org.