EVENT TICKET CONTRACT
IMPORTANT NOTICE TO TICKET HOLDERS: THIS DOCUMENT IS A LEGALLY BINDING CONTRACT ISSUED BY THE NATIONAL MOBILE DENTISTRY CONFERENCE ("COMPANY") TO, AND ACCEPTED BY, TICKET HOLDER SUBJECT TO THE IMPORTANT TERMS AND CONDITIONS APPEARING BELOW.
IMPORTANT TERMS AND CONDITIONS OF CONTRACT – READ CAREFULLY
In consideration of the receipt for event the Ticket Holder agree that they are subject to the following terms and conditions:
1. DEFINITIONS AND SCOPE OF CONTRACT
(a) Whenever the word “Company” is used in this Contract it shall mean and include all owners, members, operators, and employees of THE NATIONAL MOBILE DENTISTRY CONFERENCE
The term “Ticket Holder” shall include the plural where appropriate, and means all persons or entities purchasing event tickets under this Contract, including heirs, representatives and any accompanying minors. The masculine includes the feminine.
(b) This ticket is valid only for the person(s) named hereon and cannot be transferred or modified without Company written consent. The acceptance or use of this ticket by the person(s) named hereon as Guests shall be deemed acceptance and agreement by each of them to all of the terms and conditions of this Contract.
(c) All rights, exemptions from liability, defenses and immunities of Company under this contract shall also inure to the benefit of Company and agents.
(d) Except as otherwise expressly provided herein, this contract constitutes the entire agreement between Company and Ticket Holder and supersedes all other agreements, oral or written. Any alteration to any term of this contract must be in writing and authorized by Company
2. CANCELLATION BY GUEST, REFUNDS
All ticket sales are final. No refunds will be made in the event of “no shows”, unused tickets, lost tickets, interruptions, and or partially used tickets.
3. LIMITATIONS OF COMPANY
In consideration for purchasing a ticket, it is agreed that Company shall not be held vicariously liable for the intentional or negligent acts of any persons not employed by Company nor for any intentional or negligent acts of Company agents committed while off duty or outside the course and scope of their employment.
4. JURISDICTION, VENUE, ARBITRATION, TIME LIMITS FOR CLAIMS AND GOVERNING LAW
(a) These Terms contain an arbitration agreement and class action waiver, whereby you agree that any dispute or claim relating in any way to your use of the website, or to products or services sold, distributed, issued, or serviced by us or through us, will be resolved by binding, individual arbitration in Jacksonville Duval County Florida , rather than in court, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
(b) In the event of litigation, the Ticket Holder and Company agree that all disputes and matters whatsoever arising under, in connection with or incident to this Contract shall be litigated, if at all, before a Federal or State Court in Jacksonville Duval County Florida, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Jacksonville Duval County, Florida, U.S.A. to the exclusion of the Courts of any other county, state or country.
(c) This contract shall be governed by the laws of the State of Florida without regard to conflicts of laws principles. Each of the Parties irrevocably consents to exclusive personal jurisdiction and venue in federal and state courts located in Jacksonville Duval County Florida for any action or proceeding arising out of or relating to this Contract and each irrevocably waives the defense of an inconvenient forum to the maintenance of any such action or proceeding.
(d) NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT TICKET HOLDER OR COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. An award rendered by an arbitrator may be entered in any court located in Jacksonville Duval County Florida having jurisdiction under the Convention or FAA. Company and Ticket Holder further agree to permit the taking of a deposition under oath of the Ticket Holder asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then shall the provisions governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Clause.
5. CLASS ACTION WAIVER
THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION AND SUPERSEDES ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. THIS CLASS ACTION WAIVER PRECLUDES GUEST FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING ANY CLAIM BROUGHT UNDER THIS TICKET CONTRACT OR IN CONNECTION WITH TICKET HOLDER. EVEN IF APPLICABLE LAW PROVIDES OTHERWISE, TICKET HOLDER AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST COMPANY WHATSOEVER SHALL BE LITIGATED BY TICKET HOLDER INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND TICKET HOLDER EXPRESSLY AGREES TO WAIVE AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. IF TICKET HOLDER'S CLAIM IS SUBJECT TO ARBITRATION, THE TICKET HOLDER FURTHER AGREES AND ACKNOWLEDGES THAT THE CLASS ACTION WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A JUDGE OR COURT OF LAW AND NOT BY AN ARBITRATOR. TICKET HOLDER AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION. Ticket Holder agrees that Company can receive immediate judicial assistance to enforce this class action waiver.
6. COMPANY’S USE OF TICKET HOLDER’S LIKENESS
Each Ticket Holder grants Company and/or its promotional partners the exclusive right to include photographic, video and other visual portrayals of Ticket Holder in any medium of any nature whatsoever for any purpose including without limitation trade, advertising, sales, publicity or otherwise, without compensation to Ticket Holder, and all rights, title and interest therein (including all worldwide copyrights therein) shall be Company’s sole property, free from any claims by Ticket Holder or any person deriving any rights or interest from Ticket Holder. Each Ticket Holder understands and agrees that professional event photographers may photograph Ticket Holder, and that those photos may be processed, displayed and sold to Ticket Holder and others.
7. TICKET HOLDER’S USE OF PHOTOS, VIDEOS OR RECORDINGS PROHIBITED
Ticket Holder hereby expressly agrees that he/she will not utilize any tape recording, video, or photograph(s) of himself/herself, any other Ticket Holder, agents, or third party at event, for any commercial purpose or in any media broadcast, or for any other non-private use, without the express written consent of Company.
For the privacy of other Ticket Holders, Tick Holder expressly agrees not to record or video interactions with other Ticket Holder's or Company without their express permission.
All events materials and broadcast by Company are protected under the copyright laws of the United States and other countries throughout the world. Country of first publication: United States of America. Any unauthorized exhibition, production, distribution, or copying of events or any part thereof may result in civil liability and criminal prosecution.