Outsmart Terms & Conditions
By registering to participate in Outsmart 2020 or using the Event Site, You agree that You are subject to and will comply with these Outsmart 2020 Terms and Conditions and that You have read and understood Visier’s Privacy Statement at www.visier.com/privacy.
Please make sure that You read and understand these Terms. These Terms are a legal agreement between You and Us that govern Your participation in Outsmart 2020 and Your use of the Event Site. If You do not agree to these Terms, please do not click the “I Agree” button or box, do not register for Outsmart 2020, and do not use the Event Site.
By accepting these Terms, You affirm that You: (a) are at least eighteen (18) years old; and (b) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which You are a party.
“Event Site” means the website for Outsmart 2020 participants, accessible at www.visier.com/outsmart, as updated from time to time.
“Outsmart 2020” means Visier’s Outsmart 2020 online user conference accessible on the Event Site, held primarily on June 3 and 4, 2020.
“Terms” means these Outsmart 2020 Terms and Conditions.
“We,” “Our” or “Us” means Visier, Inc.
“You” or “Your” means You as an individual and any company or organization on whose behalf You are participating in Outsmart 2020.
2. Registration Information; Eligibility
You agree that We may send You important information and notices regarding Outsmart 2020 and Your Outsmart 2020 registration by email or other means based on the information You provide to Us. Each individual person is limited to one registration. When You register, You agree to provide true, accurate, current and complete information about Yourself as prompted by the registration form. You may not participate in Outsmart 2020 or use the Event Site if you are a resident of an embargoed country, an individual ordinarily resident in an embargoed country, or an individual otherwise prohibited from participation by applicable export controls and sanctions programs.
3. Your Responsibilities
You are responsible for all Your activities on the Event Site. You agree to treat all other Outsmart 2020 participants with courtesy and respect. You agree that You will only upload, share, post, publish or otherwise make available content that You have the right and authority to share. You will not:
- Harass, demean, or exhibit aggressive behavior towards any other Outsmart 2020 participant;
- Impersonate any other person;
- Falsely say or imply that You are associated with another person or entity;
- Transmit spam, bulk or unsolicited communications;
- Interfere with the use of the Event Site by anyone else;
- Violate any applicable local, state, national, or international law;
- Submit content in exchange for payment or other consideration from another person or entity;
- Collect information about other Outsmart 2020 participants without their consent; or
- Submit or link to any content that:
- Infringes or violates the intellectual property or other rights of any person or entity;
- Intentionally interferes with the operation of the Event Site;
- Violates anyone’s privacy or publicity rights;
- Breaches any duty of confidentiality that You owe to anyone;
- Provides any non-public information about Us or any other company or person without authorization (including the names and contact information for Our employees or Outsmart 2020 participants);
- Is, in Our judgment, harassing, defamatory, abusive, lewd, pornographic, obscene or otherwise objectionable;
- Contains or installs any viruses, worms, bugs, Trojan horses, malware or other code, files or programs designed or having the capability to disrupt, damage or limit the functionality of any software or hardware; or
- Contains false or deceptive language, unsubstantiated or comparative claims regarding Ours or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits.
Please remember that You may be providing content for an international audience. Things that do not seem abusive, obscene, or offensive to You might seem so to others. Please be mindful of cultural context. We reserve the right, in Our sole discretion and without notice to You, to remove any content submitted or posted by You to the Event Site pages.
You may be given an opportunity to receive a giveaway or participate in an incentive program in connection with Your participation in Outsmart 2020. By accepting any discounts, giveaways, or items of value related to Outsmart 2020, You represent that You do so in full compliance with applicable laws and Your organization’s code of employee conduct.
4. NO WARRANTY
THE EVENT SITE IS PROVIDED “AS-IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CONTENT POSTED BY US ON THE EVENT SITE ARE NOT PART OF ANY USER GUIDE OR LEGAL AGREEMENT. ALL SUCH CONTENT IS PROVIDED “AS-IS” AND WE DO NOT MAKE ANY REPRESENTATION AS TO ITS QUALITY OR ACCURACY. WE SPECIFICALLY DISCLAIM ANY WARRANTY OF THE COMPLETENESS, RELIABILITY OR ORIGINALITY OF SUCH CONTENT. WE DISCLAIM ANY RESPONSIBILITY WHATSOEVER FOR ANY CONTENT OR MATERIAL ON THE EVENT SITE NOT ORIGINATING WITH US. WE DO NOT GUARANTEE, AND WE DISCLAIM ANY RESPONSIBILITY FOR, THE AVAILABILITY OR PERFORMANCE OF THE EVENT SITE.
5. NO DAMAGES
IN NO EVENT WILL WE HAVE ANY LIABILITY HEREUNDER TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF VISIER, INC., ITS SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE AFFILIATES’ SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
You agree to defend, indemnify and hold Us and Our affiliates and Our and their officers, directors, and employees harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) relating to arising from (a) Your breach of these Terms, (b) Your access to or use of the Event Site, or (c) any claim made by a third party arising out of content You submit or post on the Event Site.
7. License and Proprietary Rights; Privacy
Subject to the terms and conditions of these Terms, We grant You a limited, revocable, non-exclusive, non-assignable, non-sublicensable license and right to access and use the Event Site through a generally available web browser for personal, non-commercial purposes in accordance with these Terms. Any other use of the Event Site is strictly prohibited. We reserve all rights, title and interest in and to all intellectual property rights subsisting in the Event Site, including but not limited to its user interface, branding, and underlying technology. No rights are granted to You hereunder other than as expressly set forth herein.
Visier, Outsmart, Visier People, and the Visier and Outsmart logos and designs are the registered trademarks or trademarks of Visier, Inc. in the United States, Canada, and/or other countries. Other company names, product names, and logos displayed on the Event Site may be the trademarks or registered trademarks of the companies with which they are associated.
To the extent that We make any software or other materials available for download from the Event Site, such software is protected by the copyright, patent and other intellectual property rights of Visier and its licensors. Any use of such software or materials is subject to the terms and conditions of the license agreement that accompanies such software or materials.
The Event Site makes certain social networking components and interactive features available, such as chat groups, one-on-one chat, question and answer sessions, interactive demos, and virtual exhibition booths, as well as the display of content from linked third-party websites, which may allow You to submit, transmit or post information, including data, communications, text, graphics, links, audio, video, photos and other information and materials (collectively, “Content”). We do not wish to receive confidential or proprietary ideas from You. All Content You submit to Us through the Event Site will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. You hereby grant to Us a non-exclusive, perpetual, worldwide, irrevocable, transferable, sublicensable, fully paid up and royalty-free right and license to use, copy, modify, perform and display publicly, republish, distribute and create derivative works based on, and otherwise exploit, in whole or in part, throughout the world in any form, format, or medium now or hereafter known, any Content or material You contribute to the Event Site or that You publicly share about Outsmart 2020 and your experiences at Outsmart 2020 using social media. This includes, without limitation, the right to incorporate Your Content and material into any Visier product, service or documentation, and to use, display, market, sell, distribute and sublicense Your Content as embedded in Visier products, services or documentation without compensation to You. You represent and warrant that You have all the rights necessary to allow Us and Our third-party providers to use Your Content as set forth in these Terms and transfer any Content that You may provide to Us anywhere in the world. By posting Content on the Event Site, You represent and warrant that the posting of Your Content does not violate these Terms or applicable laws. You waive any intellectual property or other claims You may have now or in the future against Visier or anyone using a product or service marketed by Visier relating to Your Content on the Event Site, the hosting by Visier of other parties’ content, and the hosting by Visier of user reviews. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Content posted by others except as expressly set forth in these Terms or allowed by law. Subject to the foregoing, We will treat information You submit to the Event Site pages in accordance with Our Privacy Statement at www.visier.com/privacy.
8. Third-Party Links
The Event Site may contain links to third party sites; such linked sites are not under Our control and We are not responsible for the content of any linked site or any link contained in a linked site. We reserve the right to remove any links at any time. If You decide to access any of the third party sites linked, You do so entirely at Your own risk.
9. Conduct of Other Participants; Views Expressed
We do not control, are not responsible for and make no representations or warranties with respect to any Outsmart 2020 participants or their conduct. You are solely responsible for Your interaction with or reliance on any other Outsmart 2020 participants or their conduct. You further understand that you may be exposed to content from others that is offensive, indecent or objectionable. The views expressed by any event participant, speaker, exhibitor or sponsor are not necessarily Ours or similar to Ours and We accept no responsibility for any views expressed by others.
We generally do not prescreen, verify, edit, monitor or moderate the content posted by users but We may do so from time to time in Our sole discretion, including in private groups. We and Our agents reserve the right to investigate any violation of these Terms and to take appropriate remedial action. We reserve the right to enforce these Terms at Our sole discretion, including, but not limited to, warning users of violations, disabling or suspending privileges and/or access to the Event Site, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms, or which we otherwise deem inappropriate, harmful, objectionable or inaccurate. Deliberate attempts by You or someone on Your behalf to evade or circumvent the suspension or termination of Your use of the Event Site or Your participation in Outsmart 2020 violates these Terms, constitutes an unlawful trespass to Our equipment and systems, and may result in legal action. We may release information concerning Your use of the Event Site (including posted content, registration information, and network records) when We believe release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply these Terms; to protect Our rights or property; to protect against fraudulent, abusive or unlawful use of the Event Site or participation in Outsmart 2020; or if We reasonably believe that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure. No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. To report violations of these Terms, please email [email protected] with appropriate details, including Your contact information.
These Terms will continue until the Event Site is deactivated. The following provisions survive and will remain in full effect after termination or expiration of these Terms: 1 (Definitions), 4 (No Warranty), 5 (No Damages), 6 (Indemnity), 7 (License and Proprietary Rights; Privacy) except for the license granted by Us to You under that Section, 10 (Enforcement), 11 (Termination), 13 (Dispute Resolution; Arbitration), and 14 (Miscellaneous). We may suspend or terminate Your access to the Event Site immediately without any liability, with or without notice, if in Our sole judgment You have violated these Terms. We may also suspend or terminate Your use of the Event Site or condition Your continued use of the Event Site on Your acceptance of additional terms. If Your continued use, in Our sole judgment, poses an undue or disproportionate burden on the Event Site or if Your activity is disruptive or detrimental to other users or the security of the Event Site, Your employer may be notified and You may be banned from future participation in Outsmart 2020 and other Visier events.
12. Right to Modify or Discontinue Service
We retain the right to, among other things, add, change, update, discontinue, suspend or limit the Event Site, at any time at Our sole discretion. We will not be liable to You or to any third party for any modification, suspension or discontinuance of the Event Site.
13. Dispute Resolution; Arbitration
If You have any dispute with Us, You must first give Us an opportunity to resolve the dispute by sending a written description of Your claim to Us by e-mail to [email protected] We each agree to negotiate Your claim in good faith. If We are unable to resolve the claim within 60 days after We acknowledge receipt of Your claim description, You may pursue Your claim in arbitration as described below.
We each agree that, except as provided below and to the extent permitted by law, any and all claims or disputes in any way related to or concerning these Terms, Outsmart 2020, or the Event Site, will be resolved by binding arbitration to be held in San Francisco, California, in accordance with the rules then in effect of the American Arbitration Association. We each also agree that these Terms affect interstate commerce so that the Federal Arbitration Act and Federal Arbitration Law apply. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorneys’ fees). The parties will mutually agree on a single arbitrator. If the parties cannot mutually agree, the arbitrator will be appointed by the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The party that does not prevail shall pay all of the costs and expenses of such arbitration and each party shall separately pay its respective counsel fees and expenses. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages.
We each agree that any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action. If a court or arbitrator determines in an action between You and Us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to You. If a claim proceeds in court rather than through arbitration, We each waive any right to a jury trial.
Notwithstanding this arbitration clause above, any party to a dispute under these Terms will be entitled to seek preliminary injunctive relief from any court of competent jurisdiction. You agree that material breach of certain provisions in these Terms will result in irreparable harm to Us and damages would be an inadequate remedy. Therefore, in addition to Our rights and remedies otherwise available at law, We will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if We seek such an injunction.
These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between You and Us. You may not assign Your rights or obligations under these Terms, whether by operation of law or otherwise, without Our prior written consent. These Terms will be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules. Except as expressly stated in these Terms, these Terms constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. If any provision of these Terms is held by an arbitrator or court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Terms will remain in effect. No modification, amendment, or waiver of any provision of these Terms will be effective unless it is by an update to these Terms that We make available on this website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to participation in Outsmart 2020, use the Event Site, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Contact Us
If You have any questions regarding these Terms, please contact Us by email to [email protected]