Optimizely Event Attendee Registration Terms and Conditions

Last Updated on February 13, 2019

Optimizely, Inc. (“Optimizely” or “We”) is proud to present instructive and thought-provoking events. The date and location of the event that these terms apply to is listed on the registration form you filled out (“Event”). The following Registration Terms and Conditions (the “Terms”) apply to you and any party you are registering for participation in the Event (“Attendee”, “You” or “Your”), and Your registration, attendance, participation, enrollment, and/or application for involvement in the Event, including but not limited to your purchase and/or possession of any Optimizely Event entry material, such as badges, wristbands, tickets, passes, and give aways (“Credentials”). By completing registration for the event, clicking to accept these Terms, and/or obtaining your Credentials, you agree to these Terms.

1. Registration.

You will need to register in accordance with the instructions on our registration form in order to be eligible to participate in the Event. Please answer all the registration questions to complete your registration. The registration information you provide must be accurate and current. You must not bring or invite any non-registered individual to the Event or any program, activity or other session related to the event unless Optimizely explicitly invites you to do so in writing.

2. Credentials.

Optimizely may issue you Credentials to allow you entry to the event and/or to a particular event session. Credentials are issued to, can be picked up and used by, only the specific individual named in the registration. Different Credential types may provide access to different portions of or sessions at the event. All Credentials are the sole property of Optimizely. Optimizely may, in its sole discretion and at any time, cancel, revoke or refuse from any individual or company said Credentials. Event admission is subject to venue capacity and in compliance with state and local laws. We further reserve the right to check your Credentials at any time and to refuse entry to individuals who do not present their Credentials. Optimizely will not be responsible for any penalty, fee, loss, or expense that might result from such action.

Credentials are non-transferable without Optimizely's written permission. Unused Credentials have no monetary value and cannot be credited to another Optimizely event, program or seminar. Optimizely Credentials may not be used as a prize in any form of promotion, contest, game, or sweepstakes without written pre-approval from Optimizely.

3. Payment.

Payments must be made in accordance with reasonable instructions provided by Optimizely to You on the registration form or in a subsequent written communication, including sending payment to a third party of Optimizely’s choice, such as an event administration company. Wire transfer fees and/or city, state, or federal taxes are the responsibility of the attendee and should not be deducted from the registration fees. Optimizely will not issue refunds or credits due to failure to redeem a discount coupon during the registration process.

4. Cancellation and Transfer Policy.

4.1 Cancellations. Should Optimizely decide to cancel the Event, Optimizely will refund the purchase price (if any) to You, less reasonable costs incurred by Optimizely in relation to the event prior to the cancelation. Should You decide to cancel your paid registration, in order to be eligible for a partial refund, your cancellation request(s) must be received by Optimizely in writing at least thirty (30) days in advance of the first date of the Event. Please send cancellation requests to the contact email on the registration form. There is a non-refundable processing fee of $100.00 (USD) for such cancellations. There is no refund for any cancelation request received less than thirty (30) days prior to the Event start date.

4.2 Transfers. To transfer your Credentials to someone else at your company, please email the following information to the contact email on the registration form:

Your information: First & Last Name, Job Title, Email Address, Phone Number

The new attendees information: First & Last Name, Job Title, Email Address, Phone Number

All registration transfers received by Optimizely more than ten (10) business days in advance of the Event will be available free of charge. For transfer requests received by Optimizely less than ten (10) business days prior to the event there is a non-refundable processing fee of $50.00 (USD). Transfer requests received less than 24 hours prior to the event will not be allowed.

5. Event Sessions.

In conjunction with the Event, Optimizely may hold sessions (such as educational, or training sessions) that are not included with every type of Credential. Unless explicitly stated in writing elsewhere, these sessions may require the payment of an additional registration fee.

Attendees participating in any sessions offered are strongly urged to arrive early. Optimizely reserves the right to release the seat of an Attendee if s/he has not arrived at the session’s designated room five (5) minutes before the session is scheduled to start. No refund will be given to Attendees that fail to show, arrive late, or have their seat released. All decisions to release a seat(s) by Optimizely will be final.

6. Recordings Taken at the Event.

Optimizely, or others on behalf of Optimizely, may take photographs and/or audio/video recordings during the Event and include an Attendee’s image, name, voice, likeness, biographical information, statements and other personal attributes (collectively “Personal Attributes”). By attending and/or participating in the Event, You hereby grant Optimizely permission to use Your Personal Attributes for any purpose, including commercial purposes, without compensation or credit to You, in any and all media now known or hereafter devised. You hereby release Optimizely, its affiliates, and their respective employees, officers, agents, directors, licensees, successors and assigns from, and waive, any claims arising out of or relating to such use. You understand and agree that the rights, permissions and releases granted above are royalty-free, fully paid up, irrevocable, worldwide, transferable, sublicensable and perpetual.

7. Privacy.

When You register for or attend the Event, Optimizely may collect your name, company name, phone number, mailing address, email address, and other personal information from you (“Personal Information”). We may use your Personal Information to contact you about the Event, to improve the Event, to provide you with Optimizely news, product updates and similar communications, in special circumstances (such as financial or physical threat to you), and as otherwise described in these Terms and our Privacy Policy at www.optimizely.com/privacy (the “Privacy Policy”). If you do not wish to receive marketing communications from Optimizely, you can express your preferences when you register for the event (where such option is available) or on our Subscription Center at http://pages.optimizely.com/Unsubscribe-Page.html

Some Optimizely events are sponsored and some sponsors are provided with Event attendee Personal Information. By registering for the event, You permit Optimizely to share Your Personal Information with sponsors, co-sponsors and exhibitors of the Event, who may use the information to send You communications and materials. Please review the event registration page for a list of, or link to, these entities and their contact information. If You do not wish to have Your registration information shared with sponsors, co-sponsors and exhibitors, you can express your preferences when you register for the event (where such option is available). To unsubscribe from further communications from these sponsors, please contact the sponsor directly.

Optimizely may scan your Credentials to authenticate and identify you at the event at time of entry and when you attend panels, booths, and other event sessions. We may use the information collected using your Credential to analyze and improve our events and sessions. In addition, when you scan your Credentials at a booth, panel or other session hosted by an event sponsor, co-sponsor or exhibitor, your personal information may be shared with that entity, who may use it to send you communications and materials. By scanning your Credentials, you are consenting to this sharing. Any sponsor’s, co-sponsor’s or exhibitor’s use of your information is subject to its privacy policies and practices, which Optimizely does not control. To unsubscribe from further communications from these entities, please contact them directly

8. Code of Conduct.

Event Attendees agree to the Optimizely Code of Conduct. Optimizely reserves the right to take action in its discretion against any individual(s) or group(s) it believes fails to meet the standards set forth in this Code of Conduct, including but not limited to, and without refund, revoking the Credentials of Attendees whose conduct violates the Code of Conduct.

Code of Conduct

● There may be engaging, thought-provoking conversations and discussions. However, the Event is not a place for conversations, discussions, and behavior that are intentionally inappropriate, off-topic, disruptive, or abusive.

● Optimizely defines inappropriate behavior as any form of verbal or physical abuse, the use of derogatory or discriminatory language, gestures or actions, any form of harassment, racism, sexism, or any other targeted comments which are intended to cause personal offense to another Event participant, staff member or volunteer, either in-person at the Event or through social media channels, or the violation of any local or state laws.

● Attendee shall not bring or invite any non-registered individuals to the Event or any program, session or other activity related to the Event.

● Please send an email to the contact email on the registration form, if you believe you’ve observed or experienced a violation of this Code of Conduct, and Optimizely will work to assess the situation and to respond as soon as possible. Please remember that notifying Optimizely does not constitute or replace a notification to local law enforcement.

● All violations of the law should be reported to local law enforcement

Please note: The views and opinions expressed in program sessions are those of the speaker(s) and do not necessarily reflect the positions of Optimizely.

9. Legal Drinking Age.

Alcohol may be available at Event activities. In order to attend these activities, the Event Attendee and his/her guest must be 21 years of age or older. Upon request, the Event Attendee must provide proof of age. Optimizely shall have the right to refuse admission or remove an Event Attendee if s/he possess any open can, bottle or other receptacle containing any alcoholic beverages, except in areas specifically designated for the consumption of alcohol or being intoxicated, as determined by Optimizely. All Event Attendees are reminded to drink responsibly.

10. Waivers, Limitations of Liability, No Warranty, Indemnification.

Each Attendee understands that participating in the Event is voluntary and may involve certain risks of physical injury, damage to property, and other damages or losses that may be sustained by an Attendee. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ATTENDEE ASSUMES ALL RISK OF DAMAGES, PROPERTY LOSS, AND PERSONAL INJURY WHICH MAY OCCUR BY PARTICIPATING IN THE EVENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPTIMIZELY, ITS AFFILIATES, AND THEIR EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES AND DIRECTORS BE LIABLE TO ANY ATTENDEES, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF ANY ATTENDEE’S USE OF THE REGISTRATION, CREDENTIALS AND/OR PARTICIPATION IN THE EVENT, EVEN IF OPTIMIZELY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NONE OF THE ABOVE LIMITATIONS OF LIABILITY EXCLUDES OPTIMIZELY’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY ITS INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE. IF THE LAW GOVERNING THESE TERMS DOES NOT PERMIT SOME OF THE LIMITATIONS OR DISCLAIMERS ABOVE, THIS SECTION WILL INSTEAD APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATTENDEE’S PARTICIPATION IN THE EVENT, AND ALL SERVICES AND PRODUCTS PROVIDED IN CONNECTION WITH THE EVENT, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, ARE MADE WITH RESPECT TO THE SAME, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR SAFETY, OR ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING.

Each Attendee agrees to indemnify, defend, and hold Optimizely and its officers, employees, volunteers, and representatives harmless from and against any and all claims, demands and all other liabilities, including, but not limited to, costs and attorneys’ fees, made by any third party arising out of or in connection with each Attendee’s; attendance at the Event, use of the registration(s) or Credentials, or any Attendee’s violation of the Terms.

11. General.

For events occurring in North America, the Terms will be governed by the laws of the State of California, without regard to principles of conflicts of laws, Each Attendee and Optimizely hereby irrevocably submit to the exclusive jurisdiction of the United States federal and state courts located in San Francisco County, California and agrees that any such court will be the proper forum for the determination of any dispute arising hereunder. For Events occurring outside of North America, the laws of England and Wales shall apply and all claims shall be adjudicated in the courts of law in London, England.

Optimizely shall not be responsible for any loss or damage resulting from failure to perform under this Agreement or to conduct the Event as currently scheduled in whole or part as a result of riot, strike, civil disorder, act of war, failure of facilities, earthquake, storm, fire, flood, or other acts of God, or any reason of any kind whatsoever beyond the reasonable control of Optimizely. In such event, Optimizely will make reasonable efforts to reschedule the Event.

Optimizely may amend these Terms from time to time, but the updated Terms will apply only with respect to future events for which you register. Any other amendment must be in writing and signed by an authorized representative of each party. Any waiver must be in writing and signed by an authorized representative of the waiving party. No waiver will be implied from conduct or failure or delay to enforce or exercise rights under these Terms. We may assign these Terms, but you may not do so without our consent (and any attempt to do so will be null and void). If any provision of these Terms is held invalid, illegal or unenforceable, such provision will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect. Further, the provision that is held to be invalid, illegal or unenforceable shall remain in effect to the extent possible under applicable law. These Terms do not create any agency, partnership, employment or joint venture relationship between the parties. These Terms supersede all prior discussions and writings and constitute the entire and complete agreement between the parties with respect to their subject matter. You agree that all terms and conditions of these Terms (including all rights and releases granted by you) will survive any termination or expiration of these Terms.