ENERAL WEBSITE USER AND ATTENDEE TERMS & CONDITIONS
Last Updated: 11/06/2020
PLEASE CAREFULLY REVIEW THE BELOW. THESE GENERAL WEBSITE USER AND ATTENDEE TERMS AND CONDITIONS (THIS “AGREEMENT”) LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR HU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. THIS AGREEMENT ALSO GOVERNS THE RIGHTS OF HU (AS DEFINED BELOW) AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSEES TO CALL, TEXT MESSAGE, AND EMAIL ON BEHALF OF HU.
Welcome to the Virtual Event platform “Website”), operated by Healthier Productions Inc, a Florida Incorporation company d/b/a HealthierU Event Planning Inc. The Website enables anonymous visitors to the Website (“Visitors”) to learn more about their organizations Benefit programs and Health & Wellness information (each, an “Event” and collectively, the “Events”), and Visitors who affirmatively indicate their agreement to abide by this Agreement by means of a click-through consent (where made available) to register for an Event or Events as attendees (“Attendees”). The terms “you”, “your” and “yours” when used herein refers to either Attendees or Visitors or to both Attendees and Visitors collectively, as applicable from the context of the sentence, and in the case of doubt refers to both Attendees and Visitors. This Agreement sets forth the terms and conditions which govern your use of the Website and your attendance at the Event. For clarity, each “Event” as defined herein refers collectively to, and includes, all activities being promoted by HU in connection with this Event.
- THIS AGREEMENT.
1.1 Acceptance. Please read this Agreement carefully before otherwise accessing the Website. In order to use the Website, you must first agree to the provisions of this Agreement. By accessing any web page of the Website (other than this Agreement), Visitors indicate that they have read and agree to be bound by the terms and conditions set forth in this Agreement. Attendees indicate their agreement to this Agreement either as do Visitors, or by means of a click-through consent or by signing electronically (where any such an option is made available by HU), or otherwise upon commencing use of the Website. By becoming an Attendee you represent and warrant that you are at least eighteen (18) years of age and not a minor in your state of residence, and that, if you are executing this Agreement on behalf of an entity or any other person, you have been duly authorized to so act by such entity or such person. Please keep in mind that you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with HU, or (b) you are a person barred from using the Website either (i) under the laws of the jurisdiction in which you reside or otherwise from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. If we ask Attendees to indicate their acknowledgement of this Agreement and their adherence to its provisions more than one time and in more than one manner, such repeated request and/or multiple execution of this Agreement is intended for the sake of good practice only and in no way derogates from the validity of any prior acknowledgement or execution.
1.2 Modification. We reserve the right to modify this Agreement at any time. You agree to review this Agreement periodically to be aware of all such modifications. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement. You agree that your continued use of the Website after a modified version of this Agreement has been posted to the Website shall be deemed to be your conclusive acceptance of any modified version of this Agreement. If you do not agree to abide by the initial version and each modified version of this Agreement, you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Website’s homepage.
- Attendee Registration. Attendees can pre-register on site at the respective venue on the day of an Event. Attendeesagree not to allow any third party to use their Account to access the Website and to safeguard the information that would allow another person or entity to access the Website by using their Account. Attendees shall be responsible for their failure to safeguard such information and/or to allow any other individual or entity to access or use the Website by using their Account. No Account, or any portion thereof, may be sold or otherwise transferred by an Attendee. Attendees shall notify HU in writing immediately of any unauthorized use of their Account or otherwise of the Website. Attendees and Visitors agree that HU shall not be liable for any loss that results from the unauthorized use of any Account, either with or without HU’s knowledge. You will need to check-in with us before each Event in our Registration Area.
2.1 Accurate Information. You shall provide us with accurate, complete and current information during registration.
2.2 Disabling or Revocation of Registration. We have the right to cancel your registration to an Event and/or access to your Account at any time, for any reason as determined by us in our sole discretion, including without limitation if we believe you have violated this Agreement. If we disable access to your Account, you may be prevented from accessing certain pages of the Website, your Account details and/or certain files or other materials, all of which may be deleted by us.
2.3 No Transfer. Your registration to an Event and/or your right to use the Website through your Account is not transferrable to any other person. It is forbidden to transfer and you are prohibited from transferring any badges, passes or any other credentials used for gaining admittance to an Event.
- About the Events. The events are Health & Wellness Fairs and Open Enrollment programs which bring together your organization’s Benefits carriers, affiliates relationships, honored guests and local Wellness provider professionals. The Event features numerous exciting and insightful educational information about your organizations benefit programs, Health & Wellness information from local Wellness providers and may include panel discussions, workshops, demos, classes, etc. Attendees generally will be eligible to participate in most activities offered at the Events on a first-come, first served basis, with limited availability.
3.1 Website Dress Code. The dress code for Events is business casual.
3.2 Event Traffic. Up to 2,000 concurrent (live, simultaneous) attendees can be in the Virtual Environment. You can facilitate your admittance to an Event by registering through the Website prior to such Event, though please note that doing so does not ensure that you will be admitted to such Event quickly. We work hard to make admission to each Event a smooth process for everyone, but as the number of Attendees customarily is large and only a certain number of people can be processed for admission to an Event at one time, you may to have to wait a significant amount of time before being admitted to an Event.
4.1 No Solicitation by Attendees. Only Registered Exhibitors (Benefit carriers, affiliate relationships, honored guests and local Wellness providers professionals)are permitted to solicit Attendees regarding their Health & Wellness education, products/services at an Event. Attendee may not promote organizations not registered with HU. If an Attendee does violate and don’t follow the Terms & Conditions, they will be asked to leave (and/or shall be escorted from) the Event premises and may be prohibited from attending any future Events. We thank you in advance for your cooperation. If you would like to promote an organization not Registered at an Event, then you must become an Exhibitor through HU.
4.2 Exhibitor or Other Third Party Speech or Expression. Each Event offers the opportunity for various Exhibitors or sponsors to present their products and services, and otherwise to communicate their thoughts and professional opinions, to Attendees. Further, Attendees or other individuals may have communicated their thoughts and opinions to other Attendees or other persons. We do not endorse or otherwise condone any statements made by, or the activities of, or products or services of, any Exhibitor, sponsor, other Attendee or other person, and you acknowledge and agree that none of the HU Parties shall be liable for any act or omission of an Exhibitor, sponsor, other Attendee or other
person at, or otherwise in connection with, any Event or otherwise.
4.3 Leaderboard. The hosting organization may offer the attendee to earn reward by engaging on the platform at an Event to enter into Door and Grand Prize Drawings. Your participation in the Leaderboard rewards will be subject to any official rules or other governing agreement regulating participation in such activity which are posted on the platform. Exhibitors also may run their own Door prize drawing (approved by organization hosting Event, and HU is not involved with, liable for, or responsible in any way for any such sweepstakes or contest by Exhibitors
4.4 Special Requests. Any and all special requests made by you, including without limitation a request that we provide you with hearing-impaired interpreters or assistance for sight impaired individuals at an Event, or any similar such requests, must be delivered in writing to HU no less than sixty (60) days prior to such Event.
- NO ENDORSEMENT OR AFFILIATION; RELEASE. HU is not affiliated with and does not endorse any Exhibitor or any of the products or services offered by any Exhibitor or advertised or otherwise referenced on the Website or at any Event by any Exhibitor or any other third party, and HU does not guarantee the accurateness, validity, effectiveness or use of any such products or services. You hereby release HU and each of our members, HU, directors, officers, agents, representatives, employees and other personnel (collectively, the “HU Parties”) from any and all claims, demands, damages (actual and consequential) and other liabilities, of every kind and nature, known and unknown, arising out of or in any way related to, directly or indirectly, your use of the Website and/or your attendance at any Event, including without limitation (a) any act or omission of HU, an Exhibitor or any other person in connection with or related to the Website or your participation in any Event, (b) any products or services provided or offered by an Exhibitor or any other person in connection with or related to the Website or your participation in any Event, and (c) any dispute between you and an Exhibitor, or you and any other third party, in connection with or related to your use of the Website or your participation in any Event.
- INTELLECTUAL PROPERTY.
6.1 Proprietary Rights. The Website contains various Content which has been provided by your organization, organizations Benefits carriers, affiliates relationships, honored guests and local Health & Wellness providers which is protected by the copyright, trademark and other laws of the United States and/or other jurisdictions. As between you and HU (a) all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Website (including without limitation all Content appearing on the Website) is owned exclusively by HUfor the time period of the Event, and (b) you have no rights in and to the Website other than for (as between you and us) the limited usage rights expressly described in this Agreement. Except for that information which is in the public domain or for which you have been given express written permission by HU, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, recording used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of HU the hosting and, where applicable, our licensors, except for as provided in Section 8 hereof.
6.2 Copyright. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide to HealthierU Event Planning Inc. (HU), with the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Website, (d) your address, telephone number, and e-mail address, (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon HU actual knowledge of facts or circumstances from which infringing material or acts are evident. Notice of claims of copyright infringement can be reached as follows:
Name: HealthierU Event Planning Inc.
Address: 8927 Hypoluxo Road, A-4, #136, Lake Worth, FL 33467
Contact Us Email: Corrina@HealthierU.net
We suggest that you consult your legal advisor before filing a notice with HU. You should note that there can be penalties for false claims under the DMCA. HU will, in appropriate circumstances and to the extent plausible, terminate the Account of an Attendee who infringes the rights of copyright holders.
6.3 Trademarks. All Trademarks appearing on the Website are the property of their respective owners. HU is not affiliated with, or sponsored or endorsed by, any third party trademark owner whose Trademark appears on the Website (unless the opposite is expressly indicated), and HU does not sponsor or endorse the owner of any such Trademark. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings and trade dress appearing on the Website and/or at an Event which indicate a source of any products or services. Trademarks are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation by means of the distribution of Content, without our prior written consent or the consent of a third party Trademark holder, as applicable. In no event may any of the Trademarks be used in any manner that is likely to cause confusion or which causes confusion, or in any manner that disparages or discredits HU and/or any Event.
- LICENSE. You agree not to use, copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, retransmit, sell, publish, broadcast, circulate, display or in any way exploit any Content (including without limitation any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use, and in a manner which does not disparage HU and/or any Event and which does not compete with us or any of the Events. However, you may print copies of materials on the Website for your personal, non-commercial use only, provided that you (i) keep intact all copyright, Trademark, and other proprietary notices appearing therein, and(ii) use such materials only in the manner permitted by this Agreement.
- DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE PROVISIONS SET FORTH IN THIS SECTIONS 10 AND IN SECTION 11:
10.1 YOUR SOLE RISK. YOUR USE OF THE WEBSITE AND YOUR ATTENDANCE AT EVENT IS AT YOUR SOLE RISK. THE WEBSITE AND EVENT IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THROUGH THE WEBSITE AND/OR AT ANY EVENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NONE OF THE HU PARTIES ASSUMES ANY RESPONSIBILITY (OR SHALL BE LIABLE OR OTHERWISE RESPONSIBLE) FOR YOUR ATTENDANCE AT ANY EVENT OR FOR YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION ANY CONTENT, OTHER MATERIALS, PRODUCTS OR SERVICES, AND NONE OF THE HU PARTIES MAKES ANY PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN CONNECTION WITH THE WEBSITE OR ANY EVENT.
10.2 NO RELIANCE ON INFORMATION OR INTERACTIONS. WITHOUT LIMITING ANY OF THE FOREGOING, NO INFORMATION OBTAINED FROM HU OR ANY THIRD PARTY THROUGH THE WEBSITE OR AT ANY EVENT, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT (A) YOUR ATTENDANCE AT SUCH EVENT, YOUR USE OF THE WEBSITE OR OTHERWISE YOUR RELIANCE ON OR OTHER USE OF ANY SUCH INFORMATION WILL MEET YOUR REQUIREMENTS OR OTHERWISE BE SUCCESSFUL, (B) YOUR ATTENDANCE AT ANY EVENT OR YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR OMISSIONS, (C) SUCH INFORMATION WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT, (D) DEFECTS IN THE OPERATION OF ANY EVENT OR THE FUNCTIONALITY OF ANY PORTION OF THE WEBSITE WILL BE CORRECTED OR UPDATED, (E) DESCRIPTIONS OF PRODUCTS AND/OR SERVICES OFFERED BY US ON BEHALF OF ANY EXHIBITORS OR SPONSORS WILL BE ACCURATE OR CORRECT, AND (F) ANY HU PARTY IS IN ANY WAY LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM OR BE RELATED TO YOUR ATTENDANCE AT ANY EVENT OR YOUR USE OF THE WEBSITE. SPECIFICALLY, EXHIBITORS OR OTHER THIRD PARTIES WITH WHOM YOU INTERACT THROUGH THE WEBSITE OR AT ANY EVENT (FOR EXAMPLE, WHO TEACH CLASSES,CONTINUED EDUCATION, PRESENTATIONS, PLAY FOR FITNESS ZONES, ROUND TABLE DISCUSSION, OTHER ACTIVITIES, SUCH AS PHYSICAL ACTIVITIES, CHALLENGES, SCREENINGS, ETC.), DO SO EXCLUSIVELY ON THEIR OWN BEHALF AND NONE OF THE HU PARTIES ARE OR SHALL BE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF OR RELATED TO YOUR INTERACTION WITH ANY SUCH THIRD PARTIES OR WITH ANY OTHER PERSON WITH WHOM YOU INTERACT EITHER THROUGH THE WEBSITE OR AT ANY EVENT (OR OTHERWISE IN CONNECTION WITH ANY EVENT).
10.3 YOUR SOLE LIABILITY; RELEASE. NONE OF THE HU PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT (OR OTHERWISE IN CONNECTION WITH ANY EVENT). SPECIFICALLY, EACH OF THE HU PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. AS BETWEEN YOU AND THE HU PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSSES, LIABILITIES OR NEGATIVE CONSEQUENCES RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. YOU FURTHER HEREBY EXPRESSLY RELEASE EACH OF THE HU PARTIES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT.
11 LIMITED LIABILITY AND DAMAGES. IN NO EVENT SHALL ANY OF THE HU PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR ANY EVENT, OR ANY PRODUCTS AND/OR SERVICES ACQUIRED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY EVENT, WHETHER OR NOT HU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.1 CAP ON LIABILITY. IN NO EVENT SHALL THE HU PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT, INCLUDING WITHOUT LIMITATION YOUR INTERACTION WITH ANY EXHIBITOR, EXCEED THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH DIRECTLY GIVE RISE TO SUCH A CLAIM, IF APPLICABLE, OR (B) ONE THOUSAND DOLLARS ($1,000).
11.2 EXCEPTIONS. THE LIMITATIONS ON THE LIABILITY OF ALL OF THE HU PARTIES IN THIS SECTION 11 SHALL APPLY WHETHER OR NOT ANY OF THE HU PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LIABILITY, LOSSES OR DAMAGES ARISING IN CONNECTION WITH OR RELATED TO THE WEBSITE AND/OR ANY EVENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTION 10 ABOVE OR IN THIS SECTION 11 MAY NOT APPLY TO YOU.
- INDEMNITY. Notwithstanding anything to the contrary in this Agreement, you hereby agree to indemnify, defend and hold each of the HU Parties harmless from and against any and all claims, demands, actions, losses, expenses, damages (actual and consequential, direct and indirect) and liabilities of every kind and nature, and all related costs and expenses thereof (including without limitation reasonable attorneys’ fees and disbursements), arising out or related to (a) any breach by you (or any person acting on your behalf) of any representation, warranty or covenant made by you (or obligation undertaken by you) in this Agreement or in any further agreement executed by you with HU (if applicable), (b) any act or omission by you (or any person acting on your behalf), (c) your use of the Website and/or your attendance at any Event, (d) your negligence or misconduct, or (e) your violation of any law, regulation or rule. If your indemnification obligations under this Section 12 are invoked by any HU Party, such HU Party shall endeavor to reasonably cooperate with you and shall at all times have the right fully to participate in such HU Party’s defense with such HU Party’s own counsel at its own expense. You shall not enter into any settlement which imposes any liability or obligation on any of the HU Parties or which contains any admission or acknowledgment of wrongdoing (whether in tort or otherwise) without each such HU Party’s prior written consent.
- THIRD PARTIES. Your participation, correspondence or interaction with any third party found on or through the Website or resulting from any introduction made at any Event, in general or specifically regarding any specific goods and/or services, PPI, and any other terms, conditions, representations or warranties associated with any such dealings, are solely between you and such third party. You agree that none of the HU Parties shall be liable or otherwise responsible for any loss, damage, or other matters of any sort incurred as the result of or related to any such dealings.
- NOTICES. All notices hereunder shall be provided by certified mail, postage prepaid and return receipt requested, to: HealhtierU Event Planning Inc., 8927 Hypoluxo Road, A-4, #136, Lake Worth, FL 33467 and to an Attendee at the address listed in such Attendee’s registrant profile (if an address is provided) and by electronic mail (if we have such an email address for such Attendee). Notice shall be deemed given three (3) days after the date of the mailing or upon receipt by email.
- GOVERNING LAW; ARBITRATION; LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF.
16.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Florida, excluding Florida’s choice-of-law principles, and all claims arising out of or relating to your use of the Website, your attendance at any Event, contacts between you and us, this Agreement and/or any other understanding or arrangement between you and HU or any of the other HU Parties, or the breach of any thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Florida, excluding State of Florida’s choice-of-law principles.
16.2 Arbitration; Legal Fees; No Jury Trial; NO CLASS CLAIMS. Any dispute with you or any person acting on your behalf (if applicable) which arises out of or is related to your use of the Website, your attendance at any Event, this Agreement, and/or any other understanding or arrangement between you and HU or any of the other HU Parties, including without limitation regarding any breach of this Agreement, any contacts between you and HU (including, but not limited to, email, telephone calls, and text messages), or any other such other understanding or arrangement (the “Potential Claims”), shall be finally resolved by binding arbitration administered by a private professional arbitrator and the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. You and HU are expressly waiving any rights to a jury trial pertaining to the Potential Claims. The arbitration will be conducted in the State of Florida, by an arbitrator with applicable industry expertise in the field of event management services, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and HU, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and HU and any decision rendered shall be deemed to be the confidential information of HU and shall not be made public by you or any person acting on your behalf or for your interest (and any submission made to any court as part of such a proceeding shall be made under seal). If the party initiating such a proceeding does not prevail regarding a material part of its claim, then the initiating party shall pay the responding party’s costs and expenses, including but not limited to reasonable attorneys’ fees and costs as well as the costs for any counter claim asserted by the responding party. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or HU may apply to any federal or state court sitting in the County and State of Florida for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and HU each submits to the exclusive jurisdiction of such courts for such purpose. You and HU each expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum.
16.3 Equitable Relief. You agree that it would be impossible or inadequate to measure and calculate HU’s damages from any breach of certain of the representations, warranties or covenants made, or obligations undertaken, by you in this Agreement. Accordingly, you agree that HU shall have the right to obtain an immediate injunction enjoining any breach or threatened breach of any your obligations under this Agreement which HU in its sole discretion believes will cause damage to any of the HU Parties, without having to post a bond or other security, and to specific performance of any such provision of this Agreement. The remedies of HU in connection with this Section 17.3 shall be in addition to, and not in limitation of, any other remedies to which HU may be entitled under this Agreement or otherwise at law or in equity. If HU prevails in any such proceeding, HU shall have the right to recover from you the costs and expenses thereof, including without limitation for reasonable attorneys’ fees. For purpose of this Section 16.3, you agree to the personal and exclusive jurisdiction by and venue of any federal or state court sitting in the County and State of Florida for HU’s pursuit of such relief, without breach of the above arbitration provision, and you and HU submit to the exclusive jurisdiction of such courts for such purpose, and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
- TIMELY FILING OF CLAIMS;. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ATTENDANCE AT ANY EVENT, OR ANY CONTACTS BETWEEN HU AND YOU (INCLUDING, BUT NOT LIMITED TO, TEXT MESSAGES, CALLS, OR EMAILS) OR OTHERWISE THIS AGREEMENT, MUST BE FILED BY YOU PURSUANT TO SECTION 16.3 ABOVE WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
- ASSIGNMENT. You shall not sell, assign or otherwise transfer any of your rights or obligations under this Agreement, without HU’s prior written consent (to be provided or denied in our sole discretion). This Agreement may be automatically assigned by HU. HU will not allow a third party to inure to the benefit of such third party. HU will not permit Third Party’s to sell, transfer or otherwise share some or all of our assets, including without limitation your PII (name and email address), with any parent company, subsidiary, joint venture, or any company under our common control, as well as with a potential acquirer, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the PII (name and email address) we have collected from you may be one of the assets so transferred.
- VALIDITY; WAIVER. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any of the other provisions of this Agreement, which shall remain in full force and effect, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If, moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law as it shall then appear. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or subsequent or similar breaches. If HU does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which HU has the benefit of exercising or enforcing under any applicable law), such non-exercise or non-enforcement shall not be taken to be a formal waiver of HU’s rights or remedies, and all such rights or remedies shall still be available to HU.
- HU does monitor the Website before, during and after the Event. All Attendees will log out after the hosting organizations Event day, time and not return to the environment. If they do return on their own free will, you will be asked to exit the environment and risk the opportunity to not be able to return at future Events hosted by the organization.
- GENERAL. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any such section. This Agreement and any additional applicable agreement between you and us sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of you and us.
- CONTACT US. If you have any questions or concerns regarding the Website or any of our Events, please contact us by contact us e-mail:Corrina@HealthierU.net or write to us at 8927 Hypoluxo Road, A-4, #136, Lake Worth, FL 33467.