Terms of Service for
Medallia Experience 2017 Registration
Last modified: November 28, 2016
THIS MEDALLIA EXPERIENCE 2017 REGISTRATION TERMS OF SERVICE (THE “AGREEMENT”) GOVERNS YOUR REGISTRATION AND PARTICIPATION IN MEDALLIA EXPERIENCE 2017 (“EXPERIENCE 2017” OR “THE EVENT”). BY CLICKING “FINISH” DURING THE REGISTRATION PROCESS, OR BY ATTENDING OR PARTICIPATING IN THE EVENT IN ANY CAPACITY, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND ALL THE PROVISIONS HEREIN. AS USED HEREIN, “YOU” AND “YOUR” MEANS THE INDIVIDUAL REGISTERING FOR OR PARTICIPATING IN THE EVENT, AND THE COMPANY OR OTHER LEGAL ENTITY FOR WHICH YOU ARE EMPLOYED OR FOR WHICH YOU ARE ACCEPTING THIS AGREEMENT. THIS AGREEMENT IS BETWEEN YOU AND MEDALLIA, INC. (“Medallia”), A CORPORATION LOCATED AT 395 PAGE MILL ROAD, SUITE 100, PALO ALTO, CA 94306, UNITED STATES OF AMERICA.
Full payment of Event fees is required to gain access to the Event and is due in full upon registration. Event registration fees paid may only be used for Experience 2017 registration and may not be applied toward the purchase of any other products, services or events. Once the purchase of your Event ticket is complete, the rate is considered final and will not be adjusted. If paying by credit card, you hereby authorize Medallia’s registration vendor, acting on behalf of Medallia for Experience 2017, to charge your credit card for fees associated with this event.
If you are offered free or discounted attendance at the Event, you hereby confirm that you have disclosed your attendance at the Event to your employer in advance, that your employer has provided permission for you to accept free or discounted attendance at this Event, and there are no laws, regulations or policies that prohibit you from accepting free or discounted Event attendance benefits.
All government employees or officials who register to attend the Event must identify themselves as government employees or officials on the Event registration page. If you are a government employee or official, or an employee of a state-owned entity, and you are offered free or discounted attendance at the Event, you hereby confirm that you have disclosed your attendance at the Event to your employing government agency in advance, that the employing agency has provided permission for you to accept free or discounted attendance at this Event and there are no laws, regulations, or policies that prevent you from accepting such attendance benefits. You may be asked to provide evidence of such permission. If you are a government employee or official, or employee of a state-owned entity, you also hereby agree that you shall abide by all relevant rules and regulations imposed by your employing agency during this Event, including those rules and regulations relating to the acceptance and disclosure of gifts and gratuities. You may be asked to present your government issued employee badge at Event check-in.
Registration cancellations received by March 31, 2017, will be refunded, less a $100 (USD) processing fee. We regret that no refunds will be made after March 31, 2017. To cancel your registration, please log into your registration profile.
If you are unable to attend Experience 2017, you may transfer your registration to another person until April 14, 2017. By substituting your registration, the individual taking your place understands and agrees that he or she is subject to this Agreement. To transfer your registration, please log into your registration profile and update the information by April 14, 2017. No substitutions will be allowed after April 14, 2017.
SECURITY AND PROPERTY
Medallia reserves the right to take any security measures that it deems necessary to increase the safety of attendees and exhibitors without prior notice. You should not leave bags and other property unattended. Unattended property may be removed from the Event venue to be safely held by Event management. Event management may check bags and similar property during the Event for security purposes. Firearms, explosives and other weapons and hazardous materials that could be used to cause injury to another attendee are strictly prohibited at the Event venue and related activities.
You must be at least 21 years of age to attend the Event and any official related activities except as agreed in writing from Medallia.
The Experience site provides third party affiliated services information including accommodation information, solely as a convenience to our Attendees. Inclusion on the Experience site does not indicate approval or endorsement by Medallia. Under no circumstances will Medallia be liable in any way for any third party services, including, but not limited to, quality, availability, errors or omissions, or damages of any kind. You must evaluate and bear all risks associated with the use of any third party services, including any reliance on the availability, quality or usefulness of such services. You may be subject to additional terms and conditions that may apply when you use affiliate services. The cancellation policy of a third party accommodation providers would apply to your reservation with that third party.
By attending the Event, you give your express consent to Medallia and its agents to photograph and record the Event and activities related to the Event in visual and audio media. You hereby irrevocably agree and consent that Medallia has the right to record, transcribe, modify, perform, reproduce, display, distribute and transmit in any form and for any purpose your name, voice, picture, photograph, portrait and other reproductions of your likeness (collectively, your “Image”) at the Event. You agree that Medallia may use your Image in connection with any advertising or promotional content and materials, or for any other lawful purpose including by posting on public websites, on a worldwide basis in perpetuity, without any compensation to you, and you release Medallia from all liability related thereto.
If you are a party to a separate speaker or presenter agreement with Medallia for Experience 2017, the relevant terms of that agreement supersede this provision of this Agreement with regard to your presentation at Experience 2017.
BADGE TRACKING & SCANNING
Conference badges may use RFID technology to track capacity, as well as make sure the right information about sessions is shared with you. You may be asked to scan your badge at various exhibit booths. Badge scanning at booths is optional.
OFFENSIVE BEHAVIOR/NO COMMERCIAL SOLICITATION BY NON-SPONSORS
We want everyone to enjoy the Event without being subject to any offensive behavior. As such, Medallia reserves the right, in its sole discretion and without refund, to refuse admittance or expel anyone from the Event whom we determine is behaving in a manner detrimental to the Event or to any other attendee. We further reserve the right to expel any individual non-sponsor/exhibitor from the Event if they are reported to be commercially soliciting other Event attendees.
ASSUMPTION OF RISK
Your participation in and attendance of Experience 2017 is completely voluntary. Medallia does not guarantee admittance to any specific event, session or keynote and reserves the right to refuse admittance to any session, keynote or event to any Attendee, at its sole discretion. Unless specified otherwise all events, keynotes and session are seated on a first-come first-served basis. You accept and assume all risks of any and all personal injury or damage to your personal property that you may face while attending Experience 2017 and associated events and waive any claims against Medallia and its partners and affiliates relating to such risks.
The Experience 2017 program schedule is subject to change at any time without prior notice. Medallia cannot guarantee the attendance of any exhibitor or speaker, or that any scheduled event will take place. Medallia will not be held liable and no reimbursement will be made, in the event of the cancellation or modification of the times, dates, sessions and/or events of Experience 2017 as a result of an event that is beyond Medallia’s control, including but not limited to inclement weather, earthquake, flood, or other act of God, war, invasion, act of foreign enemy, hostilities, riot, national state of emergency, plague, act/threat of terrorism, civil unrest, strikes or other labor disputes, or any other similar or related event which delays or prevents any or all of Experience 2017.
MEDALLIA MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE EVENT OR EVENT REGISTRATION, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MEDALLIA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT, THAT YOU CAN AND WILL COMPLY WITH ALL THE TERMS OUTLINED HEREIN, AND THAT YOU SHALL NOT CAUSE MEDALLIA TO BE IN VIOLATION OF ANY APPLICABLE LAW, REGULATION, OR POLICY, INCLUDING BUT NOT LIMITED TO, THOSE PROHIBITING BRIBERY, KICKBACKS, OR CONFLICTS OF INTEREST.
GOVERNING LAW AND JURISDICTION
This Agreement and any disputes arising out of or related hereto, shall be governed exclusively by the laws of the State of California and controlling United States federal law, without regard to their conflicts of laws rules or the United Nations Convention on the International Sale of Goods.
VENUE, WAIVER OF JURY TRIAL
The state and federal courts located in Santa Clara County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
This Agreement and the activities governed hereby; do not create a partnership, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. If any provision in this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent Medallia. Medallia may assign this Agreement, in whole or in part, as necessary for the execution of the Event without your consent and at its sole discretion. With the exception of a separate speaker or presenter agreement that affects the application of the “Personal Release” section, as specified above, this Agreement and their incorporated documents constitute the complete and exclusive understanding and agreement of the parties and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof.
CHANGES TO THESE REGISTRATION TERMS AND CONDITIONS
Please be aware that Medallia may update and change any part or all of this Agreement at any time without notification. If Medallia updates or changes this Agreement, the updated Agreement will be posted at http://www.experience.medallia.com/terms-