IMAGINESOFTWARE CLIENT CONFERENCE TERMS & CONDITIONS

By registering for the 2023 ImagineSoftware Client Conference, held by Technology Partners, LLC d/b/a ImagineSoftware, all attendees, speakers and sponsors agree to the following Terms and Conditions.

Registration: Conference registrations must be paid in full to guarantee admission to the conference. Onsite registration is not permitted. Once payment has been received, an email confirmation and a receipted invoice will be sent to the attendee. If payment is not made in full by the conference start date, registration may be revoked. To qualify for any early bird rates or discounts, registration and payment must be received before the deadline date listed in the conference materials.

Cancellation Policy: Full refunds will be given for written cancellation requests received in writing at least four (4) weeks prior to the conference start date. No refunds will be made for cancellations after that date; however, a credit may be considered for use towards future client conference attendance at the discretion of ImagineSoftware. Substitutions in attendee registrations may be entered up to two (2) weeks prior to the conference start date. If a registered attendee does not cancel registration and fails to attend the conference, this will be treated as a cancellation and no refund or credit will be issued.

Attendee Representations: By registering for the conference, the attendee represents and warrants that: (a) all registration information submitted is true, accurate, current, and complete and (b) the attendee has the legal capacity and agrees to comply with these Terms & Conditions.

Adjustment of Registration Fees: After an attendee’s registration is completed, ImagineSoftware shall have the unilateral right adjust the registration ticket type and fee if it is found that the information provided by the attendee has been misrepresented, false or incorrect. Any adjustment to fees will be charged directly to the registered attendee.

Speakers: Views expressed by speakers are their own. ImagineSoftware cannot accept liability for advice given, or views expressed, by any speaker at the conference or in any material provided to attendees. Copies of presentation materials including all associated artwork and illustrations will not be returned to speakers unless specifically requested by speakers. Presentation materials must be objective and completely free of advertising and commercialism unless appropriate licenses and permissions have been secured in advance. ImagineSoftware may (a) use the speaker’s name and presentation materials for promoting attendance at the conference; (b) audio and/or video tape any session; (c) reproduce the recording or copies of the speaker’s presentation materials (i.e. PowerPoint slides or supporting handouts) on paper and/or electronically; and (d) distribute copies of the speaker’s presentation materials as part of the overall hand-out materials during the conference and after the event. All copyright notices or citing credits must be included at the end of the abstract/presentation by each speaker. ImagineSoftware does not guarantee or assume responsibility for any copyright notices, omissions, or errors thereof. Speakers who do not wish to give permission for the these Terms and Conditions must contact Kristen Greer Director of Marketing Operations, at kgreer@imagineteam.com before the commencement of the conference.

Privacy and Data Protection: By submitting registration details, attendees agree to allow ImagineSoftware and select sponsoring companies associated with the conference to potentially contact them regarding their services. Attendees who do not wish to receive such communications should contact Kristen Greer, Director of Marketing Operations, at kgreer@imagineteam.com. Contact details of registered attendees will never be sold and will not be released as a general show list.

Websites and Links: Conference webpages on www.imagineteam.com and www.imagineclientconference.com may link to third party websites and networking tools provided for the convenience of all attendees and sponsors. The contents of these websites are maintained by their owners, for which ImagineSoftware takes no responsibility. Neither can responsibility be taken for contents of any website linking back to this website.

Travel Insurance: It is the responsibility of the attendee to arrange appropriate insurance coverage in connection with their attendance at the conference. ImagineSoftware assumes no liability or responsibility for any personal injury or property loss or damage of attendees.

Photographs, Video, Digital and Print Media: ImagineSoftware reserves the sole right to use any photographs, recordings, electronic images, or publicity material received by or obtained by ImagineSoftware during the conference, for whatever reasonable use deemed proper by Imagine. Technology Partners, LLC has the exclusive right to include photographic, video and other visual portrayals of attendees, sponsors, and their exhibits including its contents, in any pictorial medium of any nature whatsoever for the purpose of trade, advertising, sales, publicity and otherwise, without compensation to the attendee or sponsor, and all rights titled and interest bearing (including all worldwide copyrights therein) will be ImagineSoftware’s property, free of any claims of attendee or sponsor or any persons deriving any rights or interest from the attendee or sponsor. By attending, all attendees agree to ImagineSoftware’s taking photographs, audio recordings, videos, and other portrayals at the Conference and use any and all such recordings as it deems proper.

Credentials: ImagineSoftware-issued credentials must be prominently displayed while at the conference or designated off-site activities. False certification of an individual as an attendee, speaker, or sponsor, misuse of an attendee badge, or any other method or device used to assist unauthorized individuals to gain admittance to the conference and/or exhibit floor, will be just cause for expelling the attendee and his representative(s) from the conference and/or banning them from future entrance into the conference. This would also warrant the removal of the exhibitor’s booth from the floor without obligation on the part of ImagineSoftware for refund of any fees. The unauthorized attendee, exhibitor, his/her employees and agents, and anyone claiming to be in the conference through the attendee, waives any rights or claims for damages arising out of the enforcement of this rule.

Admittance: In its sole discretion and without refund, ImagineSoftware reserves the right to refuse admittance or expel from the conference anyone that it determines, in its sole discretion, to be behaving in a manner that is disruptive to the conference or any other attendee.

DISCLAIMER: TO THE FULLEST EXTENT PERMITTED BY LAW, IMAGINESOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE CONFERENCE AND YOUR ATTENDANCE, SPEAKING ENGAGEMENT, OR SPONSORSHIP THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. ImagineSoftware, at any time, with or without giving notice, in its sole discretion and without providing a reason may (a) change, cancel, or postpone the conference, (b) change the conference’s venue or any published particulars, or (c) withdraw any invitation to attend. In any case, neither ImagineSoftware, nor any of its employees, officers, agents or representatives shall be liable for any loss, liability, damage or expense suffered or incurred by any person, nor will they return any money paid to them in connection with the conference unless they are satisfied not only that the money in question remains under their control, but also that the person who paid it has been unfairly prejudiced, about which the decision shall be in their sole and unfettered discretion and, when announced, final and conclusive.

LIMITATIONS OF LIABILITY: IN NO EVENT WILL IMAGINESOFTWARE OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM ANY CONFERENCE ATTENDANCE, SPEAKING ENGAGEMENT, OR SPONSORSHIP OF THE CONFERENCE, EVEN IF IMAGINESOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IMAGINESOFTWARE’S TOTAL LIABILITY, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY ATTENDEE, SPEAKER, OR SPONSOR TO IMAGINESOFTWARE FOR THE ATTENDANCE, SPEAKING ENGAGEMENT, OR SPONSORSHIP OF THE CONFERENCE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Force Majeure: ImagineSoftware assumes no liability or responsibility for any delay or failure in performance of its obligations hereunder to the extent such delay or failure is caused by fire, flood, strike, civil, governmental or military authority, acts of God, acts of terrorism, acts of war, epidemics, pandemics, the availability of the Venue or other similar causes beyond its reasonable control and without the fault or negligence of ImagineSoftware or its subcontractors. For one or more of such reasons, ImagineSoftware may postpone, reschedule or cancel the event without liability on the part of ImagineSoftware. In the event the conference is postponed, rescheduled, or cancelled pursuant to this section, ImagineSoftware shall not be liable to attendees for any damages, costs, or losses incurred, such as transportation costs, accommodations costs, or financial losses. Without making any guarantees, ImagineSoftware may review refund requests, submitted in writing, for approval on a situational basis.

COVID-19 Safety: The health and safety of all attendees is ImagineSoftware’s top priority. Given the realities and ongoing changes associated with COVID-19, ImagineSoftware will adhere to all safety measures and protocols in accordance with best practices and CDC and local guidelines in place at the start of the 2023 Client Conference. Attendees understand that safety measures relating to attendance at the conference may change as the COVID environment and ongoing CDC and local guidelines change. Attendees agree to not attend in person if they feel ill or have symptoms of COVID-19 (including cough, fever, shortness of breath, sore throat, fatigue, chills, muscle aches, sudden headache, or loss of taste or smell). Attendees accept and assume all personal risk of possible exposure to COVID-19 or other illness at the 2023 ImagineSoftware Client Conference and all damages related to that exposure, agreeing to indemnify, defend, and hold harmless ImagineSoftware from all allegations, claims, actions, losses, damages, costs, expenses (including reasonable attorney’s fees) or liability of any kind arising out of or related to attendance and participation at the 2023 ImagineSoftware Client Conference, including without limitation, personal illness or injury (including death).

To the maximum extent possible, these Terms and Conditions shall be governed by the laws of North Carolina, and the forum for the resolution of any disputes arising herefrom shall be the courts located in Charlotte, North Carolina, without regard to any conflict of laws thereto.

SPONSORS

By sponsoring the conference, you agree to be bound by the Terms and Conditions for sponsorship of the 2023 ImagineSoftware Client Conference on May 10-12, 2023 in San Antonio, Texas. Sponsors receive the benefits described in the 2023 Sponsor Prospectus, the terms of which are incorporated into this agreement by reference. To request a copy of the 2023 Sponsor Prospectus, email Kristen Greer at kgreer@imagineteam.com. All sponsors will be acknowledged in the conference program packet, announced during the conference, and featured throughout the conference. Each sponsor’s level of sponsorship determines additional exposure prominence. Each sponsor will receive a separate sponsorship guidelines packet with more information regarding hotel services, internet, electric and other amenity details, shipping requirements, etc. Sponsors may have the option to host special activities during the conference at an additional expense as outlined and offered by Imagine; however all sponsoring companies agrees that it will not, nor will its employees, agents, or representatives will conduct any type of function in the hotel’s meeting rooms, public areas, hospitality suites or suites during show hours without the prior written consent of ImagineSoftware. Sponsors must pay the full sponsorship fee (a) online simultaneously with the submission of the online form or (b) offline within 30 days of submission of the online form. Notification of cancellation of booth space must be made in writing and received by March 1, 2023. No refund will be made for cancellation requests received after March 1, 2023; however, a credit may be considered for use towards future client conference sponsorships at the discretion of ImagineSoftware. Any “no show” sponsor, i.e. the sponsor which assigned booth space is not setup and staffed by the opening date of the conference, will forfeit its space for the duration of the conference. Non-attendance does not constitute cancellation on the sponsor’s part, and no refunds or credits will be issued due to non-attendance. In its sole discretion and without any notification to the “no show” sponsor, ImagineSoftware will replace the “no show” booth space as it determines in the best interest of the conference. Any promotional and marketing content relating to the conference, including but not limited to photos, videos, slides, materials, or papers, are considered property of ImagineSoftware and shall not be posted or disseminated by sponsor without the prior written approval of Imagine. The conference facilities and certain conference services are being provided by the Grand Hyatt San Antonio River Walk in San Antonio, Texas. ImagineSoftware assumes no liability or responsibility for actions or inactions of the Grand Hyatt or any of its employees, agents, representatives, or contractors.

Sponsorship Agreement and Governing Law: The above Terms & Conditions, together with the 2023 Sponsor Prospectus, contain the entire understanding between the parties with respect to the conference sponsorship benefits and obligations and supersedes all prior oral and written understandings, arrangements and agreements between the parties. This Sponsorship Agreement is governed by and construed in accordance with the laws of North Carolina, and the forum for the resolution of any disputes arising out of this Sponsorship Agreement shall be the courts located in Charlotte, North Carolina.