Terms and Conditions of Event Participation
The SoCal Startup DAY (“SCSD”, “we”, “us” or “our”) provides access to certain events to those who officially participate in the event. The SCSD event in which you will be participating (“Event”) has been organized for informational or educational purposes only. In consideration of the right to participate in the Event (which includes participation in any or all activities connected or contemporaneous with the event such as, but not limited to, tours, trips, to/from Event shuttles, hotel occupancy, receptions, business meetings, etc.), you agree to be bound by these terms and conditions, which incorporate our Privacy Policy and our Terms of Use, and which are collectively referred to as the “Agreement”.
No one under the age of 21 shall be admitted to the Event and shall not purchase a ticket under any circumstance.
We reserve the right to amend this Agreement at any time, which will be effective when a revised version is posted on the SCSD website. If you fail to abide by the terms of this Agreement, SCSD reserves the exclusive right, at its discretion, to immediately terminate your participation in the Event, participation in future events, or take such other actions as SCSD deems appropriate.
This Agreement contains a Likeness Release, set forth below, in which you grant us the right to use your Likeness (as defined).
No Refunds Policy.
All sales are final and no refunds will be granted within reason. No refunds will be granted within 1 week of the event, or anytime after the event date. If event is cancelled, refund policy (including “no refund” policy) must provide the credit of a ticketed participator of an event through which we will “make good” on purchaser in lieu of a purchase price refund, then such credit will be of equal or greater value to the value of the ticket for the canceled event, and such value and all terms applicable to such credit or other accommodation.
RELEASE/HOLD HARMLESS/INDEMNITY
You agree to assume all risks associated with participation at the Event and you, on behalf of yourself and your heirs, executors, administrators, legal representatives, assignees, and successors in interest, do hereby release, waive, discharge, agree to hold harmless, and covenant not to sue SCSD, its officers, directors, employees, volunteers, agents, representatives, and subsidiaries, and any other sponsoring, organizing or participating parties (including, but not limited to, transport or tour companies, facility or property owners on-site or otherwise, fellow participants including instructors or presenters, law enforcement agencies, or public entities associated with the Event) and their respective agents, representatives, directors, officers, volunteers, and employees (collectively, “Released Parties”) from any and all liability for any acts, omissions or occurrences, rights, causes of actions, or claims for damages (including due to any of the Released Parties’ own negligence) which you may have or which may hereafter accrue against the Released Parties and which may result, directly or indirectly, in injury, loss or damage (including death) to yourself or injury, loss or damage to your personal property, arising out of your participation in or association with the Event, including upon the premises where any Event activity is being conducted and travel to and from the Event.
You further agree to indemnify and hold harmless the Released Parties from any and all liability for any acts, omissions or occurrences, rights, causes of actions, or claims for damages which may accrue to any individual or entity and may result, directly or indirectly, from your participation in or association with the Event, or upon the premises where any Event activity is being conducted, and including travel to and from the Event, and that you shall indemnify the Released Parties for any damages awarded or expenses incurred as a result of any and all such liability for any acts, omissions or occurrences, rights, causes of actions, or claims for damages, including, but not limited to, attorney fees and court costs.
IMAGE/LIKENESS RIGHT AND RELEASE
SCSD (and/or its representatives and contractors) may take photo stills and audio/video of Events for various uses, including, but not limited to, in news and promotional material, in print, electronic and other media, including our website. By participating in an Event, you hereby irrevocably and unconditionally grant us and our contractors, vendors, sponsors, and exhibitors, a perpetual, right and license to use, reproduce, publish, distribute, edit, make derivative works, perform publicly, disclose, assign, and transfer all images, photographs, videos, voice, name, likeness, and any content you submit (whether in chat sessions, uploads, email, in person, or otherwise) (collectively, “Likeness”), without limitation, without compensation. All media containing any Likeness become our property. The Likeness and media may be displayed, distributed and used by us for any purpose. You hereby release SCSD and its employees, volunteers, licensees, contractors, providers, successors, and assigns from any and all claims, demands, and causes of action that you may now or hereafter have against any of the foregoing arising out of or in connection with the use of your Likeness.
EVENT MATERIALS
All materials and services provided as part of the Event are provided “as is” without warranty of any kind. With respect to any services and products we provide in connection with or related to the Event we and/or our suppliers make no representations and disclaim all warranties, express or implied, including, but not limited to: warranties of title, non-infringement, merchantability and fitness for a particular purpose regarding the suitability of the information; the accuracy, reliability, completeness or timeliness of the content, services, products, or other items connected with the Event.
SPEAKERS/PRESENTERS
The Event may include advice, opinions, and statements of various speakers, presenters, information providers or instructors, content providers (“Presenters”). SCSD does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any Presenter or other participant. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Neither SCSD nor any Presenter or other participant shall be liable to anyone for any inaccuracy, error, omission, interruption, use of any content herein, regardless of cause, for any damages resulting therefrom. Participation in the Event or receipt of information from Presenters or other participants does not constitute a professional-client relationship of any kind. Information acquired at the Event of a legal nature should not be acted upon without seeking professional counsel. It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. All information is presented with the understanding that the Presenters, or other participants, are not rendering legal, accounting or other professional advice or opinions on specific facts or matters, and accordingly assume no liability whatsoever in connection with its use. Information provided at Event relative to any products or services do not, in itself, comprise a contract or offer.
PHOTOGRAPHIC/IMAGE USE
All materials and information presented or used at the Event may be subject to copyrights owned by us, the Presenters, or other participants, whether individuals or entities. Any reproduction, retransmission, or republication of all or part of any graphic images, materials or documents used at the Event is expressly prohibited, unless we or the copyright owner has expressly granted its prior written consent to so reproduce, retransmit, or republish the material. All other rights are reserved.
TRADEMARKS
The names, trademarks, service marks and logos of SCSD and its affiliates and subsidiaries that appear at or in connection with or at an Event may not be used in any advertising or publicity, or otherwise to indicate our sponsorship or endorsement of or affiliation with any product or service, without our prior express written permission.
We do not operate or control in any respect any information, products or services provided or presented by any third party at an Event and we do not guarantee that any information contained thereon will be accurate. Third parties may participate at an Event solely for the convenience of Event participants and their participation at an Event does not constitute any endorsement, approval or certification by us or our affiliates or providers. Any opinions, advice, services, or other information made available by third parties are those of the respective third parties and not ours.
We shall have the right, at its discretion, to change, modify, add or remove information, presentations, events or other Event activity at any time. Changes shall be effective immediately, and subsequent participation by you at an Event shall constitute your acceptance of them.
PRIVACY
Participation in an Event may require you to give us personal information such as, but not limited to, your name, email, and postal address, zip code, age, income level, or other information. Contact information obtained by SCSD to allow for participation in an Event is used to send acknowledgments, materials and other information about an Event and SCSD, including other SCSD products, services or events. Contact information may be made available to other participants, sponsors and/or vendors at an Event who may use your contact information to contact you, including for their own marketing purposes. If you do not want your contact information to be shared with such third parties, you can choose not to participate in the Event. Your personal information is also used by SCSD to communicate with you when necessary. Financial information that is collected is used to invoice you for an Event.
ANTI-TRUST POLICY
As you participate in an Event, please keep in mind that numerous state and Federal laws absolutely prohibit the exchange of information among competitors regarding price, refusals to deal, or agreements to proceed in certain anti-competitive respects, and that no such exchange of this information is either sanctioned by us or will be permitted during our meeting. This is a very serious matter and your cooperation will be appreciated.
Although the McCarran-Ferguson Act has given a limited exemption to the insurance industry from certain otherwise prohibited activities, board members should realize that the exemption provided companies has definite limits and that us, as a trade association, has no such exemption. Activities, both in and out of any meeting room, are exempt only if they: (a) involve the business of insurance; (b) are regulated by state law; and, (c) do not constitute an agreement to boycott, coerce and/or intimidate or an act to further any of the three. Please note that legislative activities are protected by the First Amendment and are generally not subject to anti-trust laws.
Conviction for certain violations of the anti-trust laws (Sherman Act, Clayton Act, FTC Act and Robinson-Patman Act) often result in jail sentences, fines or both, even for first offenders who are otherwise leaders in their communities.
Beside discussions involving any possible insurance market boycott, coercion and/or intimidation, which are never protected under any circumstances, here are some practices which you should not initiate nor participate in as they may expose you, your company, and us to possible anti-trust investigation and/or prosecution by any state or the FTC or Justice Department. Discussing, sharing data or “signaling” with the purpose of agreeing to proceed in anti-competitive respects in any of the following areas:
Price, profits, commission, credit, or other terms or conditions of any products to be offered for sale.
Reinsurance, salaries, or any other cost components and elements.
Underwriting criteria with an eye toward standardizing.
A market division plan without a state law covering the plan, including discussions of type or products to be offered, customers to whom insurance products may be sold or the territories in which they may be sold.
Rates, the stabilizing of rates, or future rate plans including actuarial projections.
“Fair” profit levels or developing “standards” for company operations.
Keeping access to SCSD membership unduly restrictive or denying unique services of SCSD to nonmembers.
Matters that would adversely affect availability of insurance or services to the public.
Dealing or refusing to deal with certain customers or suppliers; business bidding practices; or dealings with any agency/ broker or other insurance market participant.
Current or future company market place reactions to legislation or regulations.
If any of the above occurs, you should object, have your objection noted in the minutes of any meeting and, if the discussion or practice continues, leave the room. Further, the prohibitions apply to discussions in an informal or social setting, not just regularly scheduled meetings.
If you see any prohibited practices occurring in any SCSD Event, meeting or social event, please mention your concern to an officer of SCSD.
SUITCASING POLICY
SCSD has a zero-tolerance policy regarding suitcasing. “Suitcasing” is a parasitic business practice in which unethical companies or individuals will gain access to an event by obtaining an Event credential or by attending an Event with a registered participant without themselves registering, and then solicit business in the aisles or other public spaces (in person or virtually) used for the conference or otherwise conduct business at on in conjunction with the SCSD Event.
While all registered Event participants are invited to the Event space reserved for exhibitors, any registered participant or non-registered person who is observed to be soliciting business in the aisles, other public spaces, or in another company’s booth will be asked to leave an Event immediately without refund.
Suitcasing may also take the form of commercial activity conducted from a guest room, hospitality suite, restaurant, or any other public place in proximity to or associated with an Event. For the purposes of this policy, suitcasing violations that occur at venues other than the designated exhibitors’ space and at other Events are prohibited. SCSD’s Event team must be informed of any hospitality suites that are not reserved through SCSD, and express consent must be received prior to the Event.
CODE OF CONDUCT
Event participants agree to comply with the following “Code of Conduct”, whether the event is in-person or virtual.
Expected Behavior
Be considerate, respectful, and kind to others. Refrain from demeaning, discriminatory or harassing behavior and speech. Spam, or repeated contact of participants that have requested no contact from another participant is strictly prohibited. Participants should be mindful of any copyright laws, music licensing etc., and not violate any terms or conditions related to such.
Unacceptable Behavior
Harassment and discrimination include any verbal, physical, or visual conduct based on sex, sexual orientation, gender expression or identity, transgender status, race, age, national origin, or disability. Inappropriate display, sharing, or use of nudity and/or sexual images in public spaces (including presentation slides); any physical or verbal intimidation, stalking, doxxing, gaslighting, photobombing, or following of participants; harassing, photographing or recording of participant(s); interruption or inappropriate intrusion or disruption of sessions, talks or other events; inappropriate physical contact; and, any unwelcome sexual attention (physical or verbal) will not be tolerated. Violators may be removed from the Event if found to be in violation and their ability to attend future Events may also be restricted or prohibited.
Any boisterous, lewd, or offensive behavior or language, threatening, intimidation, coercion, use of sexually explicit or offensive language or conduct, profanity, obscene gestures, or racial, religious or ethnic slurs will not be tolerated. Verbal or other abuse of any participant, speaker, volunteer, staff member, exhibitor, sponsor, service provider, or other meeting guest is unacceptable. Participants violating this Code of Conduct will be asked to leave the Event at the sole discretion of our staff. We retain the right to take any actions to ensure the Event is a welcoming environment for all.
Technology Use
Participants acknowledge that the availability, access, and use of technology during Events is not guaranteed. We and our vendors and service providers will use commercially reasonable efforts to communicate with participants regarding camera use in devices and computers, mobile app capabilities in iOS and Android, video, audio, and headset settings and use for in-person Events, and use of the virtual event platform for virtual Events. All chat content at virtual Events is nonconfidential, and you should assume that anyone can view any chat content you submit. You agree that your chat content will comply with this Code of Conduct.
In no event shall we be liable for slowness of or interruptions to Internet access, power access, video camera access, or audio capabilities, nor of any similar interruptions to Events for the duration of the Event.
At virtual Events, we request that if you use a virtual background it should be tasteful and not distracting. You should mute your line when not speaking. The recording or transmissions of any education sessions, presentations, demos, videos, or content in any format is strictly prohibited unless expressly authorized in writing by us. Participants should not copy or take screen shots of participants or any chat room activity that takes place in a virtual Event space.
Participants may not utilize our Websites or Events to (i) upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content; (ii) upload viruses or harmful components to an Event; (iii) upload or otherwise provide content with a commercial purpose, attempt to solicit funds, advertise goods and services, or contain promotional materials, special offers, job offers, or product announcements (unless expressly permitted by us); (iv) engage in communications leading or related to an agreement in restraint of trade, to (v) exchange specific information relating to your prices, profits, or costs; (vi) in any other manner to limit competition or restrain trade in violation of state and federal antitrust laws; or, (vii) to further any unlawful purpose or to violate the rights of any person or entity.
Reporting Violations of this Policy
If you have a complaint or concern about harassment, discrimination, bullying, or any other conduct which may violate this Code of Conduct, we encourage you to promptly notify us. You may request that your report remain confidential and only be shared with those on a “need to know” basis.
Please remember that notifying our staff does not constitute or replace notification to local law enforcement. This Code of Conduct does not replace any rules or guidelines that are part of our agreements with our vendors, exhibitors, and/or sponsors.
Compliance and Enforcement
We reserve the right to take any action that is reasonably necessary, in our sole judgment, for the protection of us, our participants, and our personnel. We will maintain full discretion in the interpretation and enforcement of this Code of Conduct.
Participants will be asked to stop any behavior in violation of this Code of Conduct are expected to comply immediately. This Code of Conduct provides general guidelines and cannot cover every possible type of unacceptable behavior. We reserve the right to apply corrective action to instances other than the specific examples noted. Participants violating this Code of Conduct may be suspended, sanctioned, removed, or expelled from the Event and all future Events, and there will be no refund of any amounts paid, at our discretion.
We expect all Event participants to abide by this Code of Conduct at all Events and social events regardless of whether we are a sponsor or organizer of such meeting or event