Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING YOUR TICKET OR ACCESSING THE SEMINAR. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS THE SEMINAR AND YOU SHOULD NOT PURCHASE A TICKET.
This online event is owned and operated by Convocate, LLC (referred to as “Convocate “us,” “our,” “we”). These Terms and Conditions (these “Terms”) constitute a legal agreement between you and Convocate in respect of your ticket purchase and/or access to this online workshop(the “Seminar”). The Seminar utilizes the Convocate website, services, and various other tools (“Platform”).
1. YOUR ACCESS TO THE SEMINAR
1. Internet Access. When accessing the Seminar on your mobile, laptop, desktop or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.
2. Your Device. Convocate is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Seminar, including, but not limited to screen display operation features of your Device.
3. No Guarantee. Access to the Seminar may be suspended temporarily and without notice (a) in the event of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, or (e) as otherwise explained in these Terms.
4. Age Restriction. You must be over 16 years of age in order to access the Seminar.
2. PERMITTED USE AND RESTRICTIONS
2.1 License Grant. Subject to these Terms, upon purchase of a ticket, Convocate hereby grants you a limited, non-exclusive, personal, non-sublicensable license to access and participate in the Seminar, solely for your individual and personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.
2.2 Use Restrictions. You agree to comply with applicable law and will not: (i) permit any third party to view the Seminar except as permitted herein or in an Agreement; (ii) modify, reverse engineer, disassemble, or decompile the Platform, or cause or permit others to do so; (iii) use the Platform in order to (A) build a competitive product or service, or (B) copy any ideas, features, functions or graphics of the Platform; (iv) remove or modify any title, trademark, copyright and/or restricted rights notices or labels from the Platform; (v) create derivative works based on the Platform or otherwise violate Convocate’s intellectual property rights as defined below; (vi) use Platform in any manner inconsistent with these Terms.
3. INTELLECTUAL PROPERTY RIGHTS
11.1 Copyright. The Seminar contains content which includes without limitation images, illustrations, designs, icons, photographs, video clips, sounds, text, data and other materials displayed (the “Content”). The Content of all Seminars and all materials (recordings that are made available, etc.) are the intellectual property of Convocate or the respective instructor and are protected by copyright law. They may be used exclusively by the registered participant to whom they were made available. In particular, publication even if only in part, reproduction, distribution and editing are prohibited as is the recording of any Content in audio or video or by means of screenshots. Legal proceedings may be initiated in the event of any misuse. You agree to respect copyright and only the Seminar for your own use under these Terms. YOU MAY NOT RECORD THE SEMINAR, OR REPRODUCE, REPUBLISH, OR OTHERWISE DISCLOSE THE SEMINAR.
11.2 Trademarks. Convocate and the “Rest, Recover and Restore” name and logo are trademarks and service marks of Convocate. You do not have the right to use any of our trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
11.3 Ownership. You acknowledge that all intellectual property rights in the Seminar, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Seminar and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Convocate, protected by intellectual property laws. You acknowledge and agree that Convocate, or its licensors, owns all right, title and interest in and to the Seminar, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Seminar is protected by U.S. and international copyright laws. Further, you acknowledge that the Seminar may contain information that Convocate has designated as confidential and you agree not to disclose such information without Convocate prior written consent. Nothing posted in the Seminar grants a license to any Convocate trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read in the Seminar is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Convocate. When accessing the Seminar, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Seminar is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
You are solely responsible for keeping your ticket’s personalized access link and any other authentication information (“Ticket Link”) confidential and agree to be responsible for all activities that occur under your Ticket Link. You must not disclose it to anyone else, or permit anyone else to use your Ticket Link. All transfers must be made through us or our service providers (see Section 5 below) and will generate a new link assigned to the transferee. If you know or suspect that anyone other than you has your Ticket Link, you must promptly notify us using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of the Seminar.
We have the right to disable any Ticket Link whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you choose, at your sole discretion, to purchase tickets from us, you agree that with your authorization, we may charge your credit card, or other chosen payment method the amount of your selected quantity of tickets. You understand that all payments must be in U.S. dollars.
We use third-party payment service providers in lieu of directly processing your credit card or other payment information. By submitting your payment card details to us or our third-party processors, you grant Convocate the right to store and process your information with such third-parties. You agree that Convocate will not be responsible for any failures of such third-parties to adequately protect your information.
You may wholly transfer your ticket and your rights and obligations under these Terms.
We may cancel or postpone the Seminar, at any time, if we are prevented from providing the Seminar for any reason. Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the Seminar and/or your access to it, or your order, at any time with or without notice to you: (a) if required by law, (b) you violate these Terms, or (c) due to an event beyond our control.
8. ALL SALES ARE FINAL
If, however, we cancel the Seminar for reasons unrelated to your violation of these Terms, we will fully refund your ticket. If the Seminar is postponed by us, you will have five (5) days from the notification of postponement to request a full refund. If you are not the original purchaser of a ticket, you may need to contact the original purchaser.
10. USER-GENERATED CONTENT
Whenever you make use of a feature that allows you to upload any content such as any text or other content within the Seminar’s platform (“User Content”), you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights or other rights (such as privacy or confidentiality) of any third-party, (c) will comply with applicable laws (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
As such, the Seminar may include content provided by third-parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Convocate, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Convocate. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
By agreeing to these Terms, you agree to receive communications from us, including via email. Communications from us may include operational communications concerning your ticket or responses to your inquiries or marketing materials. If you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your ticket.
11. THIRD-PARTY SITES AND SERVICES
We may use third-party websites and platforms, including but not limited to Zoom and Eventbrite to administer the Seminar; we may also invite guest authors and instructors (“Guests”) who may offer independent products and services, to participate in the Seminar (collectively, “Third-Parties”). You acknowledge that we have no control over these Third-Parties’ websites, products, or services, and are not responsible for their contents, actions, and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. Your use of the Third-Parties’ websites, products, or services, will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.
The Seminar may include content or other materials provided by Guests. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Convocate, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Convocate. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any Guests.
12. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
You agree to indemnify and hold us, our affiliates, and all respective business partners, licensees, licensors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs), arising out of or in connection with: (a) your access to the Seminar; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third-party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
14. WARRANTY DISCLAIMER
WE PROVIDE THE SEMINAR ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SEMINAR WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Seminar is accurate, complete or up-to-date.
NONE OF THE CONTENT IN THE SEMINAR IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
To the maximum extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Seminar, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third-parties with respect to the Seminar and all information and content.
No information or advice obtained through the Seminar, or affirmation by us, by words or actions, shall constitute a warranty. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SEMINAR, OR YOUR INABILITY TO ACCESS THE SEMINAR) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH ACCESS TO, PARTICIPATION IN, OR THE PERFORMANCE OF THE SEMINAR, OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CONVOCATE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole remedy for dissatisfaction with the Seminar including, without limitation, content in the Seminar, is to stop accessing the Seminar. Such limitation shall also apply with respect to damages incurred by reason of services or products advertised in connection with the Seminar, as well as by reason of any information or advice received through or advertised in connection with the Seminar.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Seminar or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances the total amount paid for your ticket. You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Seminar must be brought within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS AND DISCLAIMERS IN THESE SECTIONS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CONVOCATE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON CONVOCATE’S CHOICE OF LAW PROVISION SET FORTH BELOW.
We may terminate these Terms, deactivate your Ticket Link, and/or your permission to access the Seminar immediately, without prior notice or liability, if: (a) you commit any breach of these Terms; (b) we cancel the Seminar, or (c) we are prevented from providing the Seminar for any reason.
On termination of these Terms for any reason: (a) all rights granted to you under these Terms will cease immediately, and (b) you must immediately cease all activities authorized by these Terms (including your access to the Seminar). Sections 8, 10-11, and 14-19 will survive any termination or expiration of these Terms.
17. GOVERNING LAW; JURISDICTION
These Terms are governed by California law, without regard to conflict of laws principles. You and Convocate agree that the state and federal courts located in the County of Los Angeles California will have exclusive jurisdiction of all disputes arising out of or related to these Terms or your access to or participations in the Seminar and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Convocate shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
18. OTHER IMPORTANT TERMS
19.1 Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.
19.2 Attorneys’ Fees. The prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.
19.3 No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Convocate of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
19.4 Equitable Remedies. You acknowledge and agree that Convocate would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
19.5 Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Convocate with respect to the Seminar and supersedes any and all prior agreements between you and Convocate relating to the Seminar.
19.6 Transfer. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
19. CHANGES TO THESE TERMS
We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you access the Seminar (we may also email you about any material changes to these Terms). We want you to be informed of important changes to our Terms, but some changes are not that important — we don’t want to bother you every time we fix a typo. So, while we may modify these Terms at any time, we will notify you of any changes that affect your rights. To the extent permitted under applicable law, we reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Seminar (or any part of it) with or without notice.
20. CONTACT US
If you have any questions or comments relating to these Terms, please contact us at:
2658 Griffith Park Blvd., #703
Los Angeles, CA 90039