PLEASE READ THESE TERMS. THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND KINTER, AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, WHICH TOGETHER WITH KINTER'S PRIVACY POLICY GOVERN YOUR RELATIONSHIP WITH KINTER IN RELATION TO YOUR REGISTRATION FOR AND ATTENDANCE AT THE EVENT.
These Terms apply to your registration through any web portal made available by Kinter, and to the Event itself.
"Kinter" means Kinter, Inc., its affiliates, subsidiaries, and related entities.
"Attendee" means any individual who registers for, is granted access to, enters, or is present at the Event or any Event-related activity, whether or not that individual personally completed registration. If you register for the Event on behalf of, or bring or sponsor, any other individual (including a guest, colleague, assistant, or invitee), you represent and warrant that you are authorized to bind that individual to these Terms, and you agree to ensure that individual is made aware of and complies with these Terms.
"Code of Conduct" means Kinter's code of conduct for events, set out below.
"Event" means the Kinter event described on the applicable Registration Site that is attended by the Attendee. The date, time, format, and location of each Event are stated on the relevant Registration Site.
"Partner" means any Kinter subsidiary, affiliate, Event sponsor, or customer.
"Registration Site" means the registration web page(s) made available by Kinter for the Event and any related Kinter website properties.
"Required Registration Information" means the information you provide on the Registration Site when registering for the Event. This information may include personal information such as first name, last name, company, job title, email address, and phone number.
"Terms" means the terms and conditions set out in this Event Registration Agreement together with Kinter's Privacy Policy, available at https://kinter.ai/legal/privacy-policy. These Terms govern your Event registration and your attendance at the Event.
"You" or "your" means you, the individual accepting these Terms, and, if applicable, the company or other legal entity for which you are accepting these Terms.
2.1. Registration. All Attendees must be registered through a Registration Site. To register, you must provide the Required Registration Information. Kinter reserves the right to cancel or terminate any registration at any time, in its sole and absolute discretion, for any reason or no reason, including but not limited to violation of these Terms, the Code of Conduct, or any applicable law. In such cases, Kinter's sole obligation shall be limited to a refund of any registration fees paid, if applicable, which shall constitute Attendee's sole and exclusive remedy.
2.2. Code of Conduct. By registering for and participating in the Event you agree to comply with Kinter's Code of Conduct and all lawful instructions, policies, and directions of the Event organizers and, where applicable, the venue. Failure to comply may result in termination of your registration and removal from the Event, and may result in your being barred from future Kinter events.
2.3. Affiliated Services. If the Event provides third party information such as accommodation, transportation, or related services or discounts, such information is provided solely as a convenience ("Affiliated Services"). Its inclusion does not indicate approval or endorsement by Kinter. Kinter is not liable for any third party services, including their quality, availability, errors, omissions, or any damages of any kind. You must evaluate and bear all risks associated with the use of any third party services. You may be subject to additional terms and conditions when you use Affiliated Services.
2.4. Recordings and Likeness. Kinter (or others on its behalf) may photograph, record audio and video, and webcast or stream the Event ("Recordings"). By agreeing to these Terms, by registering for the Event, and/or by entering or remaining present at the Event after notice of recording has been posted or given, you agree to the following, and you acknowledge that your entry into and presence at the Event constitutes your consent to it:
2.5. Forward-Looking Statements. Some Event presentations and sessions may contain projections or forward-looking statements regarding future events, product offerings, or the future performance of Kinter, its Partners, and affiliates. Words such as "expects," "plans," "believes," "may," and similar expressions identify forward-looking statements. All such statements are based on Kinter's current expectations, are subject to risks and uncertainties, and actual events or results may differ materially. Nothing presented at the Event constitutes a commitment to deliver any product, feature, or functionality.
2.6. Assumption of Risk. Your participation in and attendance at the Event is completely voluntary. You accept and assume all risks of any damage to your personal property or for personal injury that you may face while attending the Event or using Affiliated Services, and you waive any claims against Kinter relating to such risks.
2.7. Changes and Unforeseen Circumstances. The Event schedule is subject to change at any time without prior notice. Kinter cannot guarantee the attendance of any speaker or sponsor, or that any scheduled session will take place. Kinter will not be held liable, and no reimbursement will be made, in the event of cancellation or modification of any times, dates, sessions, or events as a result of any cause beyond Kinter's reasonable control, including but not limited to acts of God, severe weather, fire, flood, earthquake, war, hostilities, riot, national or regional emergency, epidemic or pandemic, act or threat of terrorism, civil unrest, labor disputes, or failure of utilities or telecommunications. In all cases of Event cancellation or postponement, whether due to circumstances within or beyond Kinter's reasonable control, Kinter's maximum liability to any Attendee shall not exceed the registration fees actually paid by that Attendee for the cancelled Event. Kinter shall have no liability for any ancillary costs incurred by Attendees, including but not limited to travel, accommodation, or other related expenses.
Kinter will handle the Required Registration Information in accordance with Kinter's Privacy Policy. By providing your personal information to Kinter, you acknowledge that Kinter will collect it to effectuate your registration, administer your attendance, and provide you with communications related to the Event, Kinter, and Kinter's products and services.
Kinter may disclose your personal data to third party service providers engaged by Kinter to operate the Event (for example, registration and event software vendors). As part of your participation, you may provide your personal data directly to third parties, including vendors, Partners, or other Attendees who are not employees of Kinter; Kinter is not responsible for how such third parties use your personal data. If you register for the Event through a link provided by a Kinter Partner or sponsor, or if you demonstrate interest in a Partner (for example, by attending a Partner-specific session), you authorize Kinter to share your Required Registration Information with that Partner, subject to the Partner's own privacy policy.
You agree that Kinter and its service providers may derive aggregate, de-identified data from your personal information and use it for statistical, marketing, or other lawful business purposes.
4.1. Warranties. KINTER MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE EVENT OR EVENT REGISTRATION, WHETHER IMPLIED, STATUTORY, OR OTHERWISE, AND KINTER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. KINTER MAKES NO REPRESENTATION THAT THESE TERMS OR ANY TOOLS, WEBSITES, OR CONTENT PROVIDED IN CONNECTION WITH THE EVENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT AND THAT YOU WILL COMPLY WITH ALL TERMS SET OUT HEREIN.
4.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KINTER OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SPONSORS, OR PARTNERS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS, THE EVENT, OR YOUR ATTENDANCE AT OR PARTICIPATION IN THE EVENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT KINTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF KINTER AND THE FOREGOING PARTIES ARISING OUT OF OR RELATED TO THESE TERMS, THE EVENT, OR YOUR ATTENDANCE AT OR PARTICIPATION IN THE EVENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES, IF ANY, PAID BY YOU TO KINTER FOR REGISTRATION FOR THE APPLICABLE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, BUT DO NOT EXCLUDE OR LIMIT LIABILITY FOR (I) DEATH CAUSED BY KINTER'S PROVEN GROSS NEGLIGENCE, (II) WILLFUL MISCONDUCT, OR (II) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW. THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THEY WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THEM.
4.3. Changes to These Terms. Kinter may change these Terms from time to time. If you attend the Event after the date on which the Terms have changed, your attendance signifies acceptance of the updated Terms.
4.4. Indemnification. You agree to indemnify, defend, and hold harmless Kinter, its affiliates, and their respective officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your violation of any applicable law or third-party rights; (c) your conduct at or in connection with the Event, including any physical injury, property damage, or harm caused by you; or (d) any breach of any representation or warranty you have made under these Terms.
4.5. Third Party Links. Event materials may contain links to third party sites that are not under Kinter's control. Kinter is not responsible for the content of any linked site and does not endorse the companies or products to which it links. If you access any third party site, you do so at your own risk.
4.6. Governing Law. These Terms, and any dispute arising out of or related to them, are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
4.7. Confidential Arbitration. Any and all disputes, controversies, or claims arising under or in connection with this Agreement shall be settled exclusively by confidential arbitration, conducted before a single arbitrator selected mutually by the parties in the State of New York or in another location as may be reasonably determined by Kinter at its sole written discretion, in accordance with the rules of the American Arbitration Association then in effect (subject to Section 4.7). The arbitration shall be final and binding on the parties. Each party will, upon written request of the other party, promptly provide the other with copies of relevant documents. There shall be no other discovery allowed. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator shall not award consequential damages in any arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
4.8. Injunctive Relief; Forum for Court Proceedings. Notwithstanding Section 4.6, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or restrain any actual or threatened breach of confidentiality or infringement or misappropriation of intellectual property rights, without first submitting the matter to arbitration. Any action to compel arbitration, to enforce an arbitral award, or otherwise permitted to be brought in court under these Terms shall be brought exclusively in the state or federal courts located in New York, New York, and each party submits to the exclusive jurisdiction of those courts for such purposes.
4.9. Relationship of the Parties. These Terms do not create a partnership, joint venture, agency, fiduciary, or employment relationship between the parties. There are no third party beneficiaries to these Terms.
4.10. Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under these Terms constitutes a waiver of that right. Except as expressly stated, the remedies provided are in addition to, and not exclusive of, any other remedies available at law or in equity.
4.11. Severability and Assignment. If any provision of these Terms is held to be unenforceable, it will be modified to best accomplish its original objective to the fullest extent permitted by law, and the remaining provisions will remain in effect. You may not assign your rights or obligations under these Terms without Kinter's prior written consent. Kinter may assign these Terms, in whole or in part, as necessary for the operation of the Event. These Terms bind and benefit the parties and their respective successors and permitted assigns.
4.12. Entire Agreement. These Terms constitute the entire agreement between the parties in relation to the Event and Event registration and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral, concerning their subject matter.
Kinter is committed to providing a friendly, safe, and welcoming environment for everyone at our events. This Code of Conduct sets out our expectations for participant behavior and the consequences for unacceptable behavior. It applies to all participants, including staff, sponsors, speakers, and attendees, at all Event venues and Event-related activities.
Expected behavior:
Unacceptable behavior includes:
Consequences of unacceptable behavior:
Anyone asked to stop unacceptable behavior is expected to comply immediately. Kinter may take any action it deems appropriate, up to and including removal from the Event without warning or refund and, where appropriate, involvement of local law enforcement.
Reporting:
If you are subjected to or witness unacceptable behavior, or have any other concern, please notify an Event organizer as soon as possible, or contact Kinter at legal@kinter.ai. You may request that your report remain confidential.
Scope:
This Code of Conduct applies to all Event participants at all Event venues and Event-related activities. Kinter may revise it at any time. It is without prejudice to Kinter's rights, all of which it expressly reserves.