The 4C Marketplace, LLC
ELECTRONIC SIGNATURE CONSENT AND ONLINE AGREEMENTS WITH 4C MARKETPLACE
LINKS TO THIRD PARTY SITES
This Site may contain links to independent third–party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our customers. Such Linked Sites are not under 4C Marketplace’s control, and 4C Marketplace is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Your interaction with these Linked Sites is at your own risk.
NO UNLAWFUL OR PROHIBITED USE
CONSUMER REVIEW FAIRNESS ACT
USE OF COMMUNICATION SERVICES
The Site and the Conference may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services“), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
You may post reviews, comments, photos and other communications so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not contain software viruses, mass mailings, chain letters, political campaign material, spam, or malicious software.
The Site and the Conference have no obligation to monitor the Communication Services. However, 4C Marketplace reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. 4C Marketplace reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
4C Marketplace reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 4C Marketplace’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. 4C Marketplace does not control or endorse the content, messages or information found in any Communication Service and, therefore, 4C Marketplace specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS SUBMITTED OR UPLOADED TO SITE OR CONFERENCE; VIDEOS TAKEN AT CONFERENCE
4C Marketplace and its exhibitors, sponsors and service providers will be recording the Conference and making works of authorship, including audio/video recordings and print publications therefrom. If you are registered as a speaker, exhibitor or sponsor at the Conference, you will be recorded, and if you are registered as a participant, you may be recorded. By attending and/or participating in the Conference in any capacity, you consent to and grant to 4C Marketplace a royalty-free right (including all copyrights and all ancillary rights, digital rights and subsidiary rights) to commercially exploit, copyright, use, reproduce, edit, display, digitize, synchronize, enhance, distort, alter, partition, or otherwise transform in whole or in part your name, voice and likeness (including, but not limited to, in images, photographs, sketches, pictures, and audio and/or video recordings) regardless of whether you are alone or with others (your “Likeness”) and any audio and/or video performance or portrayal, with or without you name and/or with a fictitious name, in connection with the Site or Conference in any Media, whether now know or hereafter created. You acknowledge that 4C Marketplace and its exhibitors, sponsors and service providers retain ownership of all such the recordings and no material will be submitted to you for approval prior to publication or use. You also agree that you will not make any claim for any distortion, retouching or illusionary effect resulting from the publication of the Likeness or any claim of ownership of any such recordings or works or the Submissions.
You further transfer and/or waive or release any right to inspect or approve of 4C Marketplace’s use of the Likeness or the Submissions and any and all moral rights and rights of restraint associated with the Likeness or the Submissions to 4C Marketplace on a world-wide basis. You agree that 4C Marketplace may copyright material containing the Likeness or the Submissions (or any part thereof) in its own name. If you should receive any print, negative or other copy of the Likeness or the Submissions or any works of authorship containing the Likeness or the Submissions from 4C Marketplace, you agree that you will not authorize use of such print, negative or copy by anyone else.
ALL CONTENT AND OTHER MATERIALS OFFERED ON THE SITE OR AT THE CONFERENCE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. 4C MARKETPLACE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. ALL CONTENT, INFORMATION AND OTHER MATERIALS PROVIDED ON OR IN CONNECTION WITH THE SITE OR THE CONFERENCE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. 4C MARKETPLACE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4C MARKETPLACE DOES NOT WARRANT THAT THE SITE OR CONFERENCE FEATURES OR MEDIA WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4C MARKETPLACE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT, DATA, OR OTHER MATERIALS PROVIDED ON OR IN CONNECTION WITH THE SITE OR THE CONFERENCE BY YOU OR ANY CUSTOMER WITH RESPECT TO CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
ALL OF THE INFORMATION AVAILABLE ON THE SITE OR THE CONFERENCE, WHETHER HISTORICAL IN NATURE OR FORWARD-LOOKING, SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED ON THE SITE OR PRESENTED IN CONNECTION WITH THE CONFERENCE AND 4C MARKETPLACE DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT IS POSTED OR REPORTED TO REMOVE SUCH INFORMATION FROM THE SITE OR THE CONFERENCE IF IT IS NOT, OR IS NO LONGER, ACCURATE OR COMPLETE.
THE SITE CONTAINS DOWNLOADABLE MATERIALS AS WELL AS LINKS TO EXTERNAL SITES. 4C MARKETPLACE IS NOT RESPONSIBLE FOR, AND HAS NO CONTROL OVER, THE CONTENT OF SUCH DOWNLOADABLE MATERIALS OR EXTERNAL SITES. YOU UNDERSTAND THAT 4C MARKETPLACE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILE AVAILABLE FOR DOWNLOADING THROUGH THE SITE, WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE OR DEFECTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
4C MARKETPLACE MAKES NO REPRESENTATION THAT THE SITE OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. 4C MARKETPLACE MAKES NO REPRESENTATION THAT THE SITE OR INFORMATION FOUND THROUGH THE SITE OR ON OR IN CONNECTION WITH THE CONFERENCE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITE FROM TERRITORIES WHERE THE CONTENT OF THE SITE IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITE AND/OR ACCESS AVAILABLE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
LIMITATION OF LIABILITY AND WARRANTIES
Limitation of Liability. IN NO EVENT SHALL 4C MARKETPLACE BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOST SAVINGS, LOST DATA, COMMERCIAL LOSS OR BUSINESS INTERRUPTIONS INCLUDING LOSS OR DELAY OF BUSINESS OPERATIONS OR OTHER INCIDENTAL OR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCURRED BY YOU UNDER ANY CIRCUMSTANCES WHATSOEVER EVEN IF 4C MARKEPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
Disclaimer of Warranties. THE SERVICES AND MATERIALS RELATED TO THE SITE OR THE CONFERENCE ARE PROVIDED BY 4C MARKETPLACE ON AN “AS-IS” “WITH ALL FAULTS” BASIS WITH NO WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, 4C MARKETPLACE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, ORIGINALITY, OR FITNESS FOR A PARTICULAR PURPOSE, IRRESPECTIVE OF ANY PREVIOUS COURSE OF DEALINGS BETWEEN THE PARTIES OR CUSTOM OR USAGE OF TRADE. IN NO EVENT SHALL INDEMNIFICATION BE PROVIDED FOR A CLAIM FOR BREACH OF WARRANTY AGAINST 4C MARKETPLACE.
YOU HEREBY INDEMNIFY AND AGREE TO HOLD HARMLESS 4C MARKETPLACE, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, USERS, SUBCONTRACTORS AND INSURERS, FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE (INCLUDING, WITHOUT LIMITATION, THE COST OF INVESTIGATING ANY CLAIM, THE COST OF LITIGATION AND ATTORNEYS’ FEES, WHETHER OR NOT LEGAL PROCEEDINGS ARE INSTITUTED) PAID OR INCURRED BY 4C MARKETPLACE ARISING FROM, ATTRIBUTABLE TO, OR IN CONNECTION WITH YOUR ACCESS TO, SUBMISSION OF OR USE OF THE SITE, THE CONFERENCE, ANY SERVICES AND ANY CONTENT, DATA, MATERIALS OR INFORMATION PROVIDED BY 4C MARKETPLACE OR ITS SERVICE PROVIDERS ON OR IN CONNECTION WITH THE CONFERENCE OR THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YOU INTEND THE INDEMNIFICATION PROVIDED FOR HEREIN TO INCLUDE INDEMNIFICATION FOR NEGLIGENCE OF 4C MARKETPLACE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS 4C MARKETPLACE, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND INSURERS, FROM AND AGAINST ANY AND ALL LIABILITY AND EVERY LOSS, COST, CLAIM, DEMAND, CAUSE OF ACTION AND EXPENSE ARISING OUT OF ANY ACT OR OMISSION BY YOU IN VIOLATION OF THIS AGREEMENT, OR ANY FEDERAL, STATE, OR LOCAL LAW, ORDINANCE OR REGULATION.
4C Marketplace Takes Your Privacy Seriously. 4C Marketplace created this Private Policy in order to ensure the confidence of visitors and customers to the Site and the Conferences and to demonstrate the process for protection of privacy.
Collection and Use of Personal Information
Personal information is data that can be used to identify or contact a single person. You may be asked to provide your personal information anytime that you are in contact with the Site or registering for or attending the Conference. 4C Marketplace may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, place of employment, business relationships, and credit card information.
How 4C Marketplace uses your personal information
We reserve the right to assign or transfer your personal information to any successor in interest to our business associated with the Site or the Conference by merger, reorganization, sale of all or substantially all of our assets or equity interests or operation of law. We also may divulge personal information if such information is required for us to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or if we reasonably believe that you have commit unlawful acts or acts that may endanger the health or safety of another user or of the general public.
The personal information that we collect also allows us to keep you posted on 4C Marketplace’s latest announcements, newsletters, training updates, and upcoming events. If you sign up to participate in the Conference or to receive emails or newsletters, you will be placed on our mailing lists, and using the instructions provided at the bottom of the email or the newsletter, you may unsubscribe from such list anytime. In addition to the above, we also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and anti-fraud purposes. We also may use personal information for internal purposes such as auditing, data analysis, and research to improve 4C Marketplace’s products, services, and customer communications and the Site and/or the Conference.
4C Marketplace provides users with a means to decline receiving notifications, newsletters or offers by email. We recognize the importance of providing you with the choice to “opt-out.” You can “opt-out” of receiving any email notifications by contacting us at the email or physical address shown in the “Contact Us” section of the Site. All e-mail offers sent by 4C Marketplace will inform you as to how you can “opt-out” or decline receiving further e-mails.
Collection and Use of Non–Personal Information
We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non–personal information for any purpose. The following are some examples of non–personal information that we collect and how we may use it:
· We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location so that we can better understand our customers and improve our products, services, and advertising.
Protection of Personal Information
4C Marketplace takes the security of your sensitive personal information very seriously. 4C Marketplace uses a third party hosting vendor that uses encryption for protecting sensitive personal information transmitted to and from the Site, as necessary for registration (including payment processing).
4C Marketplace may from time to time make available a marketplace or forum on the Site or at the Conference so that you may have an opportunity to interact with other Site or Conference visitors in order to share knowledge and news or participate in social media postings. Since participation in such forums is voluntary, you control what personal information may be disclosed to others. In order to avoid your email address or other personal information from being gathered and used by others for unsolicited, inappropriate or harmful purposes, we advise that you should be cautious about posting your email address or phone number or other personal information in any public forums, and you do so at your own discretion and risk. 4C Marketplace is not responsible and shall not be held liable for information and personal information posted in the public forums.
The Site may utilize a standard technology called a “cookie” to collect information about how the Site is used. A “cookie” is a small text file placed on your hard drive by our web page server. These cookies do not collect personal information, only aggregate information.
We do not combine aggregate information collected through cookies with other personal information to determine who you are or your e-mail or IP address. The Site can access the aggregate information only from a cookie sent by the Site. We cannot access other cookies sent by other website or the information contained in those other websites. Additionally, we cannot learn your email or IP address through the use of a cookie.
4C Marketplace also may use a unique assigned number located with the Site’s URL to determine each web site from which you navigated to get to the Site. While this number may not be apparent to you, it does not contain your personal information
Integrity and Retention of Personal Information
4C Marketplace will establish minimum and maximum retention periods based upon the type of information collected (i.e. sensitivity), the intended purposes and as otherwise may be legally required.
We also may use information provided by you, for example, to provide notifications about certain features of the Site or the Conference to measure consumer interest in our various services, and to inform you about various products and services offered on the Site or the Conference (including both our own products and the products of others). These offers may be based on information provided by you in your account settings, in surveys, from information that may indicate your preferences, as well as information available from external sources. These e-mail offers will come exclusively from 4C Marketplace or its exhibitors, sponsors or service providers. Our goal is to target offers to Site or Conference users who we believe will find them of value. The lists used to send you product and service offers are developed and managed under conditions designed to safeguard the security and privacy of your personal information. By providing information using the Site or in connection with the Conference, you warrant to 4C Marketplace that your personal information is reliable for its intended uses, accurate, complete and correct, and that you will promptly notify use if such personal information is no longer current or correct.
Additionally, you may request to view the personal information collected about you through your use of the Site operated by 4C Marketplace by accessing your user account on the Site. If you prefer, you can send an e-mail to our Privacy Officer at the address shown in the “Contact Us” feature of the Site. If you send your request by email, we will likely send such personal information (or a summary thereof) to your email address on file for the account name in our database, or we will send the personal information to you in another secure manner. If at any time you wish to change, correct or update your personal information, or have it removed from our database, you may do so by accessing your user account on the Site. You also may submit a change request to our Privacy Officer by sending an email to the address shown in the “Contact Us” feature of the Site.
FEES; REFUND AND CONFERENCE CANCELLATION POLICY; ONLINE PAYMENT
4C Marketplace’s fees for exhibition or registration to the Conference or other services or materials provided by 4C Marketplace are set forth on the Site. Except as otherwise specified herein, (i) if cancellation occurs with 30 days of the Conference, you will receive 25% of your original purchase price; and (ii) all cancellations occurring within 15 days of a conference are not entitled to refunds. Refunds are available to persons making a claim after the cancellation period due to injury, accidents or other reasonable basis for a claim of refund that is deemed reasonable by 4C Marketplace and that is not due to omission or negligence of the person(s) seeking a refund.
CONFERENCE AND VENUE SPECIAL TERMS
The 4C Marketplace and the venue for the Conference reserve the right to refuse attendees and exhibitors entry to the Conference without proof of registration and payment. You acknowledge that 4C Marketplace cannot be held responsible for proof of registration receipts that are lost or stolen.
You will abide by any specific rules and regulations of the venue for the Conference, which can be obtained at the venue, if so applicable, and may be changed at the venue’s discretion. You will comply with all reasonable safety and other announcements and/or directions during your attendance at the Conference.
The registration price for the Conference as an attendee or exhibitor does not include anything (including, without limitation, accommodation, refreshments, extra activities) other than entry to the Conference itself, unless otherwise stated in your registration confirmation or on the Site.
With the exception of guide dogs, you are not permitted to bring any animals to the Conference.
Unless permitted as an exhibitor registered for the Conference, you will not sell, market or solicit sales of products or services at the Conference without the prior consent of 4C Marketplace.
Unauthorized marketing collateral or use of banners and flyers, use of photographic and/or any other type of recording equipment at the Conference is prohibited, without prior written consent of 4C Marketplace.
The following articles are not permitted within the Conference– illegal substances, weapons, dangerous or hazardous items, political or offensive materials, and such other items as 4C Marketplace or the venue may deem to be prohibited from time to time. If you are found in possession of such items, you may be refused entry into, or removed from the Conference.
Admission to the venue and the Conference is at your own risk. Neither the venue nor 4C Marketplace will be held liable for lost or stolen property or any loss, cost, expense, injury or damage sustained at the venue and/or the Conference except in respect of death or personal injury caused as a result of negligence by the venue or 4C Marketplace, as applicable.
In the event of any accident, you hereby agree to hold harmless and indemnify 4C Marketplace, its staff, officials, representatives, agents, vendors, sub-contractors and members, from and against all actions, costs, expenses, claims and demands in respect of injury, loss or damage, to person or property of yourself or any guests accompanying you, however caused or arising out of in connection with your attendance and/or participation in the Conference.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
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 in good faith that any materials submitted to the Site infringe your copyright, you (or your agent) may send 4C Marketplace a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow 4C Marketplace to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by 4C Marketplace against you, the DMCA permits you to send 4C Marketplace a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflict of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Travis County, Texas, and waive any objection to such jurisdiction or venue or right to jury trial.
In the event either party is prevented from performing, or is unable to perform, any of its obligations hereunder due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be excused and the time for performance will be extended for the period of delay or inability to perform due to such occurrence. In the event that a party’s performance is prevented or delayed for more than thirty (30) days, then the other party may terminate by delivery of written notice to the non-performing party.
CONTACT US: email@example.com
4C Marketplace, LLC
771 East Southlake Blvd, Suite 212
Southlake, Texas 76092