Terms Last Updated: August 24, 2023
These Moov Event Terms and Conditions (these “Terms”) govern your registration for and participation and attendance at any Moov event (the “Event”). They are an agreement between Moov Financial, Inc. (“Moov”, “we”, “us”, or “our”) and you. You represent to us that you are authorized to enter into these Terms. Please see Section 17 for definitions of certain capitalized terms used in these Terms.
Event. You may only register for and attend the Event pursuant to these Terms. To register for the Event, you must complete the Event registration process and pay any registration fee. Unless the Event’s registration form specifies otherwise or we inform you otherwise, you must be at least 18 years of age to attend the Event. Event registration is subject to availability and may close earlier than the posted deadline, as determined in our sole discretion. We may also change the Event program at any time at our sole discretion. Moov does not guarantee the attendance of any Exhibitor or speaker. Any fees payable by you in connection with the Event are exclusive of applicable taxes, including VAT and sales and excise taxes, and you agree to pay such taxes in addition to any fees for the Event.
Conduct. When attending the Event, you must: (A) be considerate and respectful of others; and (B) refrain from: (1) demeaning, discriminatory, or harassing behavior or speech; and (2) harassment or discrimination based on age, ancestry, race, gender identity or expression, national origin, physical or mental disability, religion, sexual orientation, and any other characteristic protected by applicable local laws, regulations, and ordinances. If you engage in any violation of the foregoing, or if your behavior is otherwise offensive or causes disruption or causes us to fear for the safety of other attendees, in Moov’s sole discretion, Moov or its agents or service providers may take any action Moov or they deem appropriate, including without limitation expulsion from the Event without warning or refund. Moov reserves the right to take any safety and security measures that it deems necessary to ensure the safety of attendees, Exhibitors, and Sponsors without prior notice. You are expected to respect the security and safety measures and protocols that have been put in place for the Event and to follow any of Moov’s other rules or directions, and Moov reserves the right to refuse admission to, or to eject, any person not following such rules or directions. You should not leave bags or other property unattended. Unattended property may be removed from the Event venue, and Moov will not be responsible for any loss or damage of any kind relating to such removal.
Health Guidance. You acknowledge that: (A) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; (B) no safety protocols can eliminate the risk of exposure to COVID-19; (C) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Centers for Disease Control and Prevention (CDC) and other public health authorities (1) people with certain underlying medical conditions are or may be especially vulnerable; and (2) the risk of severe illness from the contraction of COVID-19 increases steadily with age, and contracting COVID-19 can result in the further transmission of COVID-19 to your spouse, family members, and other persons in proximity to you; and (D) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection. By attending the Event, you voluntarily assume all risks related to actual or potential exposure to COVID-19 or any other illness.
Insurance. It is your sole responsibility to arrange personal insurance appropriate or necessary in connection with your attendance at the Event.
Cancellation.
5.1. By You.
In General. If you are unable to attend in person for any reason the following options will apply: (1) attendee substitutions will be honored for the Event (see below “Registration Substitution Policy”); (2) Pre-sale, early bird, start-up and student registrations are non-refundable. Standard registration may be refundable up to 50% minus a non-refundable $150.00 USD processing fee if the cancellation is requested in writing and received by fintech_devcon organizers on or before Friday, June 7, 2024. Cancellations received after Friday, June 7, 2024 will not be eligible for a refund; and (3) your contact information may still be shared with Sponsors pursuant to Section 6 below regardless of any cancellation or substitution.
Registration Substitution Policy. Attendee substitutions from the same company will be accepted for standard tickets only. Start-up tickets and student tickets are non-transferrable. If you wish to substitute someone, please send your notice to [email protected] no later than Wednesday, July 17, 2024. Substitutions after July 17, 2024, including without limitation onsite substitutions will not be accepted.
5.2. By Us. We may cancel the Event at any time for reasons relating to security, health, or safety, or due to the availability or suitability of the venue or proposed speakers. We may also deny, limit, or cancel your Event registration at any time. We are not responsible for any damages, direct or indirect, resulting from such cancellation.
5.3. Effect. The following terms will survive the cancellation of the Event or your registration: Section 5.3 and Sections 6-17.
Personal Data.
6.1. In General. We will handle your personal data in accordance with our Privacy Policy available at https://moov.io/legal/privacy-policy/ and as set forth below.
6.2. Email Marketing. You may receive emails prior to the Event informing you of Event-related activities, such as on-site events and speaker announcements. These emails are sent from the Moov Events team. You have the option to receive (or opt-out from receiving, as set forth in Section 6.4 below) additional emails from Sponsors. Please see the sponsorship email question on your registration checkout order form for more detail.
6.3. Registration Information. Your registration information will be part of a database that is accessible only to Moov and its agents or service providers. We will use the contact information you provide us to provide you with up-to-date information about the conference and future conferences.
6.4. Sponsors. We will provide your contact information to Sponsors based upon your opt-in preferences provided during registration. If you wish after opting-in to stop receiving communications from Sponsors, please opt-out directly with such parties.
6.5. Badges; Opt-In. You may be required to present identification and pick up a badge at the Event check-in area before entering the Event. If badges are required for admittance, they must be worn and visible at all times while you are at the Event and during any activity associated with the Event. Badges may not be shared or exchanged with any person. Exhibitors or Sponsors may ask to scan your badge at exhibit booths and session rooms. Scanning of your badge is optional. WHEN YOU ALLOW YOUR BADGE TO BE SCANNED BY EXHIBITORS AND SPONSORS DURING THE EVENT, YOU ARE OPTING-IN TO RECEIVE COMMUNICATIONS FROM THEM. YOU WILL BE SUBJECT TO THOSE ENTITIES’ COMMUNICATIONS AND PRIVACY POLICIES AND MUST OPT-OUT WITH THEM DIRECTLY. Once scanned, Moov and its agents and service providers are not responsible for their use of your information and you hereby release Moov from any liability for such entities’ use or disclosure of your personal information.
Speakers. Opinions expressed by speakers at the conference are their own and do not necessarily represent the views or opinions of Moov, Sponsors, Exhibitors, or the conference organizers. Moov and the conference organizers do not provide legal, accounting, tax, or other professional services or advice, nor do they endorse or guarantee the accuracy of any opinions or information expressed or provided by the speakers at the conference.
Recordings. The Event is a public event. There will be media personnel recording attendees, Exhibitors, and Sponsors. By attending the Event, you grant Moov and its agents, service providers, and independent contractors the right to photograph, film, record, and capture your voice and image in any form of media (collectively, the “Recorded Materials”). Your further grant to Moov and its affiliates, and its and their employees, agents, and service providers, an irrevocable, perpetual, non-exclusive, royalty-free license to reproduce, distribute, make derivative works of, display, and perform the Recorded Materials and Your Materials for any purpose relating to Moov’s business. To the maximum extent permitted by law, you waive any claim of moral rights against Moov that you may have in the Recorded Materials and Your Materials. If you do not wish to be photographed, recorded, or filmed, please inform the applicable media personnel, however you acknowledge and agree that Moov will not be responsible for any such media personnel’s compliance with your request.
Intellectual Property. All intellectual property rights in and to the Event, the Event content and all materials distributed at or in connection with the Event are owned by Moov and/or the the Event Sponsors, Exhibitors, or speakers presenting at the Event. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names appearing at the Event, in any Event content, and/or in any materials distributed at or in connection with the Event for any reason without the prior written permission of Moov. If you would like to use or display the Moov Marks for any reason, you must receive the prior written permission of Moov for each proposed use or display.
Representations.
10.1. Trade Compliance. You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the U.S. Department of Commerce’s Entity List.
10.2. Your Materials. You represent and warrant that Your Materials do not infringe or misappropriate any copyright, trademark, patent, or trade secret of a third party, and you have all rights and authorizations to grant the licenses set forth in Section 8.
Assumption of Risk. You acknowledge that your registration, attendance, and participation in the Event is entirely voluntary. Your further acknowledge that attending the Event has inherent risks that cannot be eliminated regardless of the care taken. To the maximum extent permitted by law, you agree that you voluntarily assume the risks associated with attending and participating in the Event.
Release of Claims. To the maximum extent permitted by law, you, on behalf of yourself and your heirs, beneficiaries, dependents, successors and assigns, hereby release Moov and its affiliates, and its and their respective directors, officers, shareholders, employees, agents, service providers, representatives, successors, and assigns, from any and all Claims that you may have now or in the future associated in any way with the Event, the Recorded Materials, or Your Materials.
Limitations of Liability. IN NO EVENT WILL MOOV AND MOOV’S AFFILIATES BE LIABLE TO YOU FOR LOST PROFITS, LOSS OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE EVENT, THE RECORDED MATERIALS, YOUR MATERIALS, OR THESE TERMS. THE TOTAL AGGREGATE LIABILITY OF MOOV AND MOOV’S AFFILIATES ARISING OUT OF OR RELATING TO THE EVENT OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO MOOV ON BEHALF OF YOURSELF WHEN YOU REGISTERED TO ATTEND THE EVENT; OR (B) $500. YOU HEREBY AGREE NOT BRING ANY CLAIM AGAINST ANY OF MOOV’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS RELATING TO THE EVENT, THE RECORDED MATERIALS, YOUR MATERIALS, OR THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Notice. Moov may provide you notices or other communications under these Terms to the email address provided by you during registration. To notify Moov under these Terms you must send an email to [email protected]. Notice will be deemed to have been received five calendar days following the day on which the email was sent.
Disputes.
15.1. BINDING ARBITRATION. ANY CLAIM OR DISPUTE (FOR PURPOSES OF THIS SECTION 15, EACH ARE A “DISPUTE”) RELATING IN ANY WAY TO THE EVENT OR THESE TERMS MUST BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY TO THE MAXIMUM EXTENT PERMITTED BY LAW ASSERT CLAIMS IN SMALL CLAIMS COURT.
15.2. VENUE; RULES; LAWS. UNLESS OTHERWISE AGREED TO IN WRITING BY MOOV AND YOU, ANY ARBITRATION MUST TAKE PLACE IN DENVER, COLORADO, AND MUST BE ADMINISTERED BY, AND PURSUANT TO THE APPLICABLE ARBITRATION RULES OF, THE AMERICAN ARBITRATION ASSOCIATION, INCLUDING ANY EXPEDITED PROCEDURES. THE ARBITRATOR MUST APPLY THE LAWS OF THE STATE OF COLORADO, EXCLUSIVE OF ITS CONFLICT-OF-LAW PRINCIPLES.
15.3. SCOPE. ANY AWARD OF DAMAGES IN ARBITRATION IS SUBJECT TO THE LIMITATIONS OF LIABILITY SET FORTH IN SECTION 13 OF THESE TERMS. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHERS SIMILARLY SITUATED. THE ARBITRATOR’S AUTHORITY TO RESOLVE ANY DISPUTE AND TO MAKE AWARDS IS LIMITED TO A DISPUTE BETWEEN MOOV AND YOU ALONE. ANY DISPUTE BROUGHT BY EITHER PARTY AGAINST THE OTHER PARTY MAY NOT BE JOINED OR CONSOLIDATED IN ARBITRATION WITH A DISPUTE BROUGHT BY OR AGAINST ANY THIRD PARTY, UNLESS AGREED TO IN WRITING BY YOU AND MOOV. NO ARBITRATION AWARD OR DECISION ON ANY DISPUTES WILL BE GIVEN PRECLUSIVE EFFECT AS TO ISSUES OR CLAIMS IN ANY DISPUTE WITH ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION.
15.4. SEVERABILITY; VENUE. IF ONE OR MORE PARTS OF THIS SECTION 14 ARE FOUND TO BE ILLEGAL, INVALID, OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN, AND ONLY IN THAT CIRCUMSTANCE, THOSE PARTS WILL BE SEVERED, AND THE DISPUTE WILL BE RESOLVED SUBJECT TO ALL REMAINING PARTS OF SECTION 15 AND ALL OTHER PROVISIONS OF THESE TERMS. IF SUCH SEVERANCE RESULTS IN ALL OR SOME PARTS OF A DISPUTE PROCEEDING IN A COURT OF LAW, THE EXCLUSIVE JURISDICTION AND VENUE FOR ANY SUCH COURT PROCEEDING WILL BE THE STATE OR FEDERAL COURTS SITTING IN THE CITY AND COUNTY OF DENVER, COLORADO. FOR PURPOSES OF ANY SUCH COURT PROCEEDING, YOU CONSENT TO, AND WILL NOT CHALLENGE, SUCH COURTS’ PERSONAL JURISDICTION OVER YOU, AND YOU FURTHER WAIVES OBJECTION BASED UPON IMPROPER VENUE OR FORUM NON CONVENIENS AND WILL NOT SEEK TRANSFER TO ANOTHER DISTRICT OR JURISDICTION. THE LAWS OF THE STATE OF COLORADO (EXCLUSIVE OF ITS CONFLICT-OF-LAW PRINCIPLES) WILL GOVERN SUCH COURT PROCEEDING.
15.5. ENFORCEMENT; REVIEW. THE PROVISIONS OF THIS SECTION 15 AND ALL ARBITRATION AWARDS DULY MADE IN CONNECTION THEREWITH MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION, AND THE PARTY SEEKING ENFORCEMENT WILL BE ENTITLED TO AN AWARD OF ALL COSTS, FEES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED IN OBTAINING THE ENFORCEMENT OF THIS PROVISION, TO BE PAID BY THE PARTY AGAINST WHOM ENFORCEMENT IS ORDERED, PROVIDED THAT ENFORCEMENT IS ORDERED. ALL ARBITRATION AWARDS DULY MADE HEREUNDER WILL NOT BE SUBJECT TO REVIEW OR APPEAL EXCEPT AS PERMITTED BY APPLICABLE LAW.
Miscellaneous.
16.1. Waiver. The failure by Moov to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit its right to enforce such provision at a later time. All waivers by Moov must be in writing to be effective.
16.2. Severability. If any portion of these Terms is held to be illegal, invalid, or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect the intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms but the rest will remain in full force and effect.
16.3. Force Majeure. Moov will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond Moov’s reasonable control, including without limitation acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities, internet, or other telecommunication failures, earthquakes, storms, or other elements of nature, pandemics, epidemics, or shelter-in-place or similar orders, blockages, embargoes, riots, acts or orders of government, acts of terrorism, war, or changes in law.
16.4. Assignment; No Third-Party Beneficiaries; Independent Contractors; Construction. You may not assign or transfer these Terms or any of your rights and obligations under these Terms without Moov’s prior written consent. Any assignment or transfer in violation of this Section will be void. Moov may assign these Terms to any third party without your consent. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of each party’s permitted successors and assigns. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms. These Terms will not be construed to create a partnership, joint venture, agency, or employment relationship between you and Moov. In these Terms, where the context so admits, words importing the singular number include the plural and vice versa.
16.5. Entire Agreement. These Terms, along with any registration form referencing these Terms, constitute the entire understanding between you and Moov as to their subject matter and supersede all other agreements, whether written or oral, between you and Moov regarding such subject matter.
16.6. Modifications. We may modify these Terms at any time by posting a revised version on https://fintechdevcon.io/. The modified Terms will become effective upon posting. By attending the Event after the effective date of any modifications to these Terms, you agree to be bound by the modified terms. It is your responsibility to check the website regularly for modifications to these Terms. We last modified these Terms on the date listed at the beginning of these Terms.
Definitions.
17.1. “Claims” means claims, demands, causes of action, and lawsuits.
17.2. “Exhibitor” means a third party that is exhibiting their goods, services, or products at the Event.
17.3. “Moov Marks” means any trademark, service mark, trade dress, or logo owned or licensed by Moov.
17.3. “Privacy Policy” means the privacy policy located at https://moov.io/legal/privacy-policy (and any successor site designated by Moov), as may be updated from time to time.
17.4. “Sponsor” means a third-party sponsor of the Event.
17.5. “Your Materials" means all materials provided or presented by you in connection with the Event. This includes, for example, biographical or resume information you submit in connection with a paper you present at the Event, as well as the paper itself.