TERMS AND CONDITIONS
The following Terms and Conditions govern your participation in the gathering described below (the “Gathering”) presented by OpenSpace Gatherings LLC a California limited liability company (“Company,” “we,” “us,” or “our”). Please read these Terms and Conditions carefully.
1. The Gathering
The Gathering for which you are enrolling is our Hemp OpenSpace gathering, a description of which is available at https://www.hempopenspace.com .
2. Your Participation
In order to ensure that the Gathering is a positive experience for all participants, we may, at our sole discretion, limit, suspend, or terminate your participation in the Gathering, whether live, recorded, social media-based or digital without refund if:
you become disruptive or difficult to work with;
you fail to follow the Gathering guidelines; or
you act in a manner that impairs the participation of any Gathering facilitator, host, industry leader or participant.
3. Content Policy
You agree to the following regarding the content of the Gathering and the Gathering Materials:
The Gathering content and the Gathering Materials are intended for a general audience and do not purport to be, nor should they be construed as, specific advice, tailored to any individual.
The Gathering content and Gathering Materials are for your personal use only and may not be used in any other manner or copied, reproduced, sold, recorded, videotaped, shared, given away, or otherwise distributed or divulged without the express written consent of Company. For the avoidance of doubt "personal use" includes the right to apply, discuss or explore the statements, experiences, concepts, and ideas of other participants that are shared by said participants during a Gathering.
The information contained in the Gathering Materials is strictly for educational purposes. Therefore, if you wish to apply ideas contained in these materials, you are taking full responsibility for your actions.
We assume no responsibility for errors or omissions in any Gathering Materials.
Usernames and passwords may not be shared with any third party.
You agree to pay us the fees for the Gathering described at https://www.hempopenspace.com at the times and in the manner described.
5. Refund Policy
A registration is 100% refundable within seven calendar days of the Gathering and will be credited to the form of payment used in the initial transaction. To request a refund, send an email to Refunds@openspacegatherings.com with the following information: the name of registered participant, registered participant’s email address, and the date of registration.
6. Cancellation Policy
If a Gathering is canceled before the start of the event, it is 100% refundable and will be credited in the form of payment used in the initial transaction.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OUR SERVICES, THE GATHERING, THE GATHERING MATERIALS, OR THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR OTHER CONDUCT OF ANY USER OR GATHERING PARTICIPANT.
IF YOU ARE DISSATISFIED WITH THE GATHERING, THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST A REFUND ACCORDING TO OUR REFUND POLICY AND TO LEAVE THE GATHERING AND/OR DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, IN THE AGGREGATE, BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH OUR PROVISION OF SERVICES, THE GATHERING, THE GATHERING MATERIALS OR THE SITE IN EXCESS OF THE FEES PAID BY YOU FOR THE GATHERING.
We make no warranty of any kind, implied or express, as to the accuracy, completeness or appropriateness for any purpose of the Gathering, or the Site. All information provided by us is sold and provided on an “as is” basis. We do not promise or guarantee any income or particular result from your participation in the Gathering or your use of the information contained on the Site or in the Gathering Materials. Those results are your responsibility as the end user of the Gathering. Any and all statements by us regarding potential business or financial benefits of participating in the Gathering are not guarantees and are dependent entirely on factors outside of our control, including, without limitation, your efforts and the general business environment.
The information presented by the Gathering, Gathering Materials and Site is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You, as an end user of this information may therefore use this content as a general guideline and not as the ultimate source of current information and when appropriate, you understand that you should consult your own advisors.
Any case studies, examples, illustrations, or testimonials cannot guarantee that you will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.
In the event that the Gathering is scheduled to be delivered in person and we, in our sole discretion, determine that circumstances require that the format be changed to virtual delivery, whether because of epidemic, pandemic or otherwise, we may do so upon notice to you without any reduction in our fees.
9. Gathering Materials License
You acknowledge that, as between you and the Company, all ownership rights in and to the Gathering Materials are held exclusively by the Company. Your use of and access to the Gathering Materials is on a licensed basis only. In that regard, Company hereby grants to you, and you hereby accept, the non-exclusive, non-transferable right, license and privilege to use the Gathering Materials solely for your personal use, with no right to sublicense.
You agree that you will neither attack the ownership of the Company in and to the Gathering Material nor attack the validity of the license granted hereunder. You agree that you will at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Gathering Materials, and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Gathering Material.
The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks or service marks, trade secrets, or, except as provided by such license, any of the company’s copyrights, copyrighted material, or any derivative uses thereof or other rights or intellectual property of any kind. You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in the Gathering Materials or the Company’s other intellectual property.
10. Image Release
You grant us the irrevocable right to use photographs and/or video recordings of you taken or made during the Gathering on our websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation. You acknowledge and agree that you may be identified by name and/or title in printed, Internet or broadcast information that might accompany such photographs and/or video recordings and you waive the right to approve the final product. You agree that all pictures, photographs, video and audio recordings, and any reproductions thereof, and all files and media containing the same are and shall remain our property. Further, you release, acquit and forever discharge us and our owners, agents, officers and employees from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy or appropriation of likeness.
If you violate any of the terms contained in these Terms and Conditions, the Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it, by operation of law, including, without limitation, the right to receive compensatory damages. Further, in such event and not in limitation of the foregoing, the Company may terminate your right to participate in the Gathering and your access to the Gathering Materials and the Site, all without refund or forgiveness of any remaining payment obligations. In the event that you use the Gathering Materials or Gathering content other than for your personal use or you copy, reproduce, sell, record, videotape, share, give away, or otherwise distribute or divulge the Gathering Materials or Gathering content, you agree that the Company may seek and obtain injunctive relief to enjoin you from such conduct.
12. Dispute Resolution
All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Oakland, California, to be resolved in accordance with the laws of the state of California.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
You may resolve disputes with us only on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Oakland, California, to be resolved in accordance with the laws of the state of California.
How We Collect Personal Information
We collect several types of information from and about users of our Site. While you can use many features of the Site(s) anonymously, you may be required to provide Personal Information to gain access to some of our content or services. Personal Information may include, but is not limited to, your name, email address, mailing address, and phone number. For example, we may ask you to provide us with Personal Information that can be used to contact or identify you, including information that you provide by filling in forms on our Site. This includes information provided to use or receive information about services and offerings from OpenSpace Gathering LLC. For example, when you fill out the “Register Now” form or “Contact” form,” you consent to release any Personal Information provided and/or data to us. Likewise, by submitting your Personal Information through the Site, you are consenting to receive e- mail or other applicable information from us.
How We Use your Personal Information
• To present our Site and its contents to you.
• To provide you with information or services that you request from us, such as sending you certain information about OpenSpace Gatherings’ services and offerings.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of OpenSpace Gatherings’ assets, where Personal Information held by OpenSpace Gatherings about our Site users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• With your consent.
Collection and Use of Anonymous Information
We may also collect automatic, anonymous information such as browser type and version, browser language, your operating system and platform, and the Internet Protocol (IP) address used to connect your computer to the Internet. This information does not identify you, but is statistical data used for analytical purposes and helps us provide more relevant services to users. For example, we may use this information to administer and troubleshoot issues directly related to the Site, such as Site administration or to analyze certain trends in Site usage.
We may also collect anonymous information through the use of tracking pixels. A tracking pixel is a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a webpage and, in combination with a cookie, allows for the collection of information regarding the use of the webpage that contains the tracking pixel. We use tracking pixels to tell when you have clicked on certain website features or otherwise interacted with those features, and use that information to learn about visitor use. In some cases, we use third-party service providers to help us collect and analyze this anonymous information.
We have enabled Google Analytics, to collect data about our traffic through the use of Google advertisements and other anonymous identifiers. We use Google Analytics cookies and other cookies to compile data to better understand users and provide users with a more tailored experience. You can opt out of Google Analytics by visiting Google’s Opt-Out Browser Add-on
website here [https://tools.google.com/dlpage/gaoptout/]
How We Protect Information
We have taken commercially reasonable precautions to protect the data and information under our control from misuse, loss, or alteration. Our security measures include industry standard technology and equipment to help protect your data. Unfortunately, considering the open nature of the internet, no system can ensure complete security and you should take steps to protect your information and transmissions to the Site.
If at any time after registering for information, you change your mind about receiving information from us, send us a request specifying your new choice. Simply send your request to email@example.com.
Links to Third Party Sites
Children Under the Age of 13
We do not sell products or services for purchase by anyone under the age of 13. In accordance with the Children’s Online Privacy Protection Act (COPPA), we will never knowingly request or solicit personally identifiable information from anyone under the age of 13, without verifiable parental consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical.
Compliance with Legal Process
Please be aware that we will release specific Personal Information about you if required to do so in order to comply with applicable law or any valid legal process such as a search warrant, subpoena, statute, or court order. We may also choose to establish or exercise our legal rights or defend against legal claims.
Users in California
We do not share your Personal Information with third parties for direct marketing. California Civil Code Section 1798.83 permits users of the Site who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any Personal Information with third parties for their direct marketing purposes.