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Terms and Conditions for Speakers
NetexpressUSA.com Event Speaker Terms and Conditions
Thank you for agreeing to speak at an event organized by NetexpressUSA Inc. on behalf ofitself and its affiliates (“NetexpressUSA”, “we” or “us”). We are looking forward to having youspeak at the event. By agreeing to be a speaker at our event you are also agreeing to thefollowing terms and conditions.
You will retain ownership of the underlying material of your presentation, but you agree thatwe may film and/or photograph the presentation in any medium and in return for thebenefits specified above, you hereby grant to NetexpressUSA a nonexclusive, worldwide,royalty-free, irrevocable, transferable, perpetual license to use, duplicate, market, execute,reproduce, sell, commercialize, display, perform, distribute copies of, and prepare derivativeworks of those recordings of the presentation and the accompanying materials, includingwithout limitation the slide deck and any other written materials. In no event willNetexpressUSA be precluded from independently creating any ideas, concepts or otherintellectual property rights that are similar to the underlying material of the presentation.Unless otherwise agreed by us and you in writing, you agree that your presentation will bedelivered in the English language. You hereby grant us the right to use your name andimage to promote the event. Each party represents and warrants that: (a) any materialsprovided hereunder do not infringe the intellectual property rights of any third party: (b) allobligations performed hereunder will be performed in a professional and workmanlikemanner; (c) each party will comply with all laws applicable to it in its performancehereunder; and (d) each party has the necessary consents and permissions to provide anyinformation disclosed by it to the other party. Except for the foregoing, each party herebydisclaims all warranties, express and implied, including without limitation any warranty ofmerchantability, fitness for a particular purpose, title and non- infringement.
All Reliability Event educational sessions are intended to be Commercial-Free Zones.Speakers are not permitted to solicit business during any presentation. Solicitation means(a) handing out price lists, (b) making a sales transaction, (c) including company literature inthe speaker distributed handouts, (d) scanning or photographing attendee badges. Thisprohibition does not include providing descriptions of product functionality or practical usagerelating to the topic of the educational session. The Speaker will not disparage any othermethodologies or bodies of work and will conduct themselves in a professional, ethicalfashion.
These terms and conditions constitute the complete understanding of the parties regardingthe subject matter hereof. No amendment, modification or waiver of any provision of theseterms and conditions shall be effective unless in writing and signed by both parties. If anyprovision of these terms and conditions is held to be invalid or unenforceable, the remainingportions shall remain in full force and effect and such provision shall be enforced to themaximum extent possible so as to affect the intent of the parties and shall be reformed tothe extent necessary to make such provision valid and enforceable. No waiver of rights byeither party may be implied from any actions or failures to enforce rights under these termsand conditions. NetexpressUSA will have no liability for any indirect, incidental, exemplary,punitive, or consequential damages arising from the event or these terms and conditions. Inno event will NetexpressUSA's total aggregate liability for any damages arising from or inconnection with the event and these terms and conditions whether in actions based on
contract, tort or any other legal theory, and whether or not NetexpressUSA has beennotified of the possibility thereof, exceed five hundred dollars (US$500). The foregoinglimitations, exclusions and disclaimers are an allocation of the risk between the parties andwill apply to the maximum extent permitted by applicable law, even if any remedy fails in itsessential purpose. Except as otherwise provided herein, each party will be responsible forits expenses in its performance under these terms and conditions.
Either party may terminate these terms and conditions upon notice to the other party in theevent the other party does not cure a breach of these terms and conditions within thirty (30)days of receipt of notice to do so. Further, NetexpressUSA may terminate your right tospeak at the event at any time by giving notice to you. Should NetexpressUSA terminateyour right to speak at the event, any discounted or complimentary passes to the event mayalso be revoked. The laws of the State of Florida will govern these terms and conditions. Inthe event of a dispute arising out of or related to these terms and conditions, each party willgive the other prompt notice of the dispute, and both will meet promptly for good faithdiscussions to try to resolve the matter. If that fails, such dispute will be resolved by finaland binding arbitration before a sole arbitrator, who is an attorney, and will be administeredby the American Arbitration Association under its then-current Commercial ArbitrationRules. The decision and award of the arbitrator will be final and binding, and the awardrendered may be entered in a court of competent jurisdiction located in Lee County, Florida.The arbitration will be held in Lee County, Florida. The arbitrator must enforce the terms ofthese terms and conditions and will have no authority to award any damages in conflict withor in excess of the limitations and exclusions set forth in these terms and conditions. Allnotices must be in writing and shall be effective three (3) days after the date sent to theother party’s address given herein.