Attendee Terms & Conditions
Last Updated: May 28, 2024
Welcome to pulse.nyc (the “Website”), operated by Pulse NYC – an Armix Group company, a New York corporation (“PULSE”, “we”, “our”, or “us”). The Website enables anonymous visitors to the Website (“Visitors”) to learn more about us and our Networking and Expo events (each, an “Event” and collectively, the “Events”), and Visitors who affirmatively indicate their agreement to abide by this Agreement by means of a click-through consent (where made available) to register for an Event or Events as attendees (“Attendees”). The terms “you”, “your” and “yours” when used herein refers to either Attendees or Visitors or to both Attendees and Visitors collectively, as applicable from the context of the sentence, and in the case of doubt refers to both Attendees and Visitors. This Agreement sets forth the terms and conditions which govern your use of the Website and your attendance at each Event. For clarity, each “Event” as defined herein refers collectively to, and includes, all activities being promoted by PULSE in connection with any particular Event, including all pre-expo and post-expo activities, and applies to both Events held at Physical Venues (“Physical Events”) as well as to Events held at Virtual Venues (“Virtual Events”).
1. THIS AGREEMENT.
1.1 Acceptance. Please read this Agreement carefully before otherwise accessing the Website. In order to use the Website, you must first agree to the provisions of this Agreement. By accessing any web page of the Website (other than this Agreement), Visitors indicate that they have read and agree to be bound by the terms and conditions set forth in this Agreement. You are not authorized to register for our Event(s) or use our Website if you do not agree with this Agreement. Attendees indicate their agreement to this Agreement either as do Visitors, or by means of a click-through consent or by signing electronically (where any such an option is made available by PULSE), or otherwise upon commencing use of the Website and/or submitting a registration to an Event. You also may be able to register for Events from other third-party sites (such as via Facebook, Eventbrite, Meetup, Lu.ma, etc), and you indicate your agreement to this Agreement when completing such registration and/or by registering. By becoming an Attendee you represent and warrant that you are at least eighteen (18) years of age and not a minor in your state of residence, and that, if you are executing this Agreement on behalf of an entity or any other person, you have been duly authorized to so act by such entity or such person. Please keep in mind that you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with PULSE, or (b) you are a person barred from using the Website either (i) under the laws of the jurisdiction in which you reside or otherwise from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. If we ask Attendees to indicate their acknowledgement of this Agreement and their adherence to its provisions more than one time and in more than one manner, such repeated request and/or multiple execution of this Agreement is intended for the sake of good practice only and in no way derogates from the validity of any prior acknowledgement or execution.
1.2 Modification. We reserve the right to modify this Agreement at any time. You agree to review this Agreement periodically to be aware of all such modifications. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement. You agree that your continued use of the Website after a modified version of this Agreement has been posted to the Website shall be deemed to be your conclusive acceptance of any modified version of this Agreement. If you do not agree to abide by the initial version and each modified version of this Agreement, you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Website’s homepage.
2. REGISTRATION.
2.1 Attendee Registration. Attendees can register for Events online using the service provided by our third-party registration provider Eventbrite, Inc. (“EventBrite”) and Luma, Inc. (“Luma”) or on site at the respective venue on the day of an Event or via certain other third-party sites (such as Facebook or Meetup). However, please note that all registrations for an Event are space permitting, on a first-come first-served basis.
When you register online, your account will be created with our partner, ION CARD (ioncard.net) – a digital business card platform. You will receive a user ID and password to access your attendee registration account (“Account”) at ION CARD, which you can update via the ioncard.net website or mobile app. Your event badge will be printed with your name, title, company name and a QR code from your account profile, making it easy to update and share your information with others. Others will be able to scan your QR code with their mobile phones to view and save your profile. It is your responsibility to disable any parts of your profile that you do not wish to share. We will send more information and your Account credentials before the event.
You will need to check in with us before each event in our Registration Area. We recommend that you print and bring your EventBrite or Luma confirmation to the event for quick and expedited check-in.
No Account, or any portion thereof, may be sold or otherwise transferred by an Attendee. Attendees shall notify PULSE in writing immediately of any unauthorized use of their Account. Attendees and Visitors agree that PULSE shall not be liable for any loss that results from the unauthorized use of any Account, either with or without PULSE’s knowledge.
2.2 Multiple Registrations. The representative of an Attendee may register on behalf of more than one person (whether another individual or an entity, provided, that (a) the person effectuating such a registration has first secured the authorization required to execute this Agreement on behalf of the person being registered, (b) person effectuating such a registration otherwise has the ability to agree to this Agreement on behalf of such person, and (c) a different email address is used for each person registering. You represent and warrant to us that by registering on behalf of any Attendee, you have been fully authorized to act on behalf of such Attendee and to enter into this Agreement on behalf of such Attendee, and that you will be jointly liable with such Attendee for any breach of this Agreement.
2.3 Accurate Information. You shall provide us with accurate, complete and current information during registration and in response to any written request (including by email) by us, and you shall update all such information provided to us if and as soon as such information changes.
2.4 Disabling or Revocation of Registration. We have the right to cancel your registration to an Event and/or access to your Ion Card Account at any time, for any reason as determined by us in our sole discretion, including without limitation if we believe you have violated this Agreement. If we disable access to your Account, you may be prevented from accessing your Account details and/or certain files or other materials, all of which may be deleted by us.
2.5 No Transfer. Your registration to an Event and/or your right to use the Website through your Account is not transferable to any other person. It is forbidden to transfer and you are prohibited from transferring any badges, passes or any other credentials used for gaining admittance to an Event.
3. BROOKLYN TECH EXPO.
3.1 About the Events. The Events are business networking and tech expo events which bring together business professionals such as business owners, C-level executives, founders, entrepreneurs, investors and other tech and business professionals. The Events feature numerous exciting and insightful business industry related seminars, workshops, discussions, and networking events. Aside from vip and premium paid credentials or other premium status provided by us, Attendees generally will be eligible to participate in most activities offered at the Events on a first-come, first served basis, with limited availability.
3.2 Dress Code. The dress code for Events is business casual.
3.3 Recording of the Event; Grant of Rights to Use Name, Image and Likeness. We will be photographing, videotaping and otherwise recording the Events and using the resulting footage for promotional purposes. Each Attendees acknowledges and agrees that such Attendee hereby grants PULSE the exclusive, perpetual, worldwide, irrevocable, royalty free right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, and otherwise use such Attendee’s name, image, likeness, voice and biography (or any copyrighted material or trademarks owned and displayed by such Attendee) in any manner or media whatsoever (whether now known or hereafter known) including without limitation for the purposes of advertising or trade in promoting and publicizing the Event, PULSE and/or our products and services, whether appearing in or derived from such footage, or whether provided to us from you or any third party.
3.4 Event Traffic. Waiting lines to register for an Event or otherwise to enter an Event may be quite long. You can facilitate your admittance to an Event by registering through the Website prior to such Event, though please note that doing so does not ensure that you will be admitted to such Event quickly. We work hard to make admission to each Event a smooth process for everyone, but as the number of Attendees customarily is large and only a certain number of people can be processed for admission to an Event at one time, you may to have to wait a significant amount of time before being admitted to an Event.
3.5 Tickets. Attendees can attend Events by registering and purchasing admission tickets at full price, at a discount, or for free with a promotional code. Attendees may also purchase premium or VIP ticket options, which provide additional benefits, features, or access at an event. These benefits may include reserved seating for workshops and main stage presentations, priority seating in speed networking areas, and other promotional perks. If you wish to upgrade your ticket, you must first purchase the higher-level ticket. After that, you can contact us at contacts@pulse.nyc to request a credit for your lower-level ticket.
3.6 Job Interviews. If offered at an Event, Attendees may register to participate in various job interviews at such Event. Attendees acknowledge and agree that PULSE merely provides a forum for such activities and that PULSE does not endorse and has no control over the parties conducting such interviews. Thus, PULSE is not responsible for the hiring practices or otherwise the acts or omissions of any such third party. If interviews are offered at an Event, such interviews have a limited number of available time slots and you are not guaranteed participation in or otherwise the availability of any such interview.
3.7 Recording of the Event; Grant of Rights to Use Name, Image and Likeness. We will be photographing, videotaping and otherwise recording the Events and using the resulting footage for promotional purposes. Each Attendee acknowledges and agrees that such Attendee hereby grants PULSE the exclusive, perpetual, worldwide, irrevocable, royalty free and fully paid right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, and otherwise use such Attendee’s name, image, likeness, voice and biography (or any copyrighted material or trademarks owned and displayed by such Attendee) in any manner or media whatsoever (whether now known or hereafter known) including without limitation for the purposes of advertising or trade in promoting and publicizing the Event, PULSE and/or our products and services, whether appearing in or derived from such footage, or whether provided to us from you or any third party.
3.8 No Solicitation by Attendees. Only Exhibitors (or our sponsors) are permitted to solicit Attendees regarding their products/services at an Event, and thus Attendees may not promote their products or services at or in connection with an Event. Violators will be asked to leave (and/or shall be escorted from) the Event premises and may be prohibited from attending any future Events. We thank you in advance for your cooperation. If you would like to promote any of your products/services at an Event, then you must become an Exhibitor.
3.9 Exhibitor or Other Third Party Speech or Expression. Each Event offers the opportunity for various Exhibitors or sponsors to present their products and services, and otherwise to communicate their thoughts and opinions, to Attendees. Further, Attendees or other individuals may have communicated their thoughts and opinions to other Attendees or other persons. We do not endorse or otherwise condone any statements made by, or the activities of, or products or services of, any Exhibitor, sponsor, other Attendee or other person, and you acknowledge and agree that none of the PULSE Parties shall be liable for any act or omission of an Exhibitor, sponsor, other Attendee or other person at, or otherwise in connection with, any Event or otherwise.
3.10 Refer-A-Friend Programs. We may, from time to time offer Attendees the opportunity to participate in a Refer-A-Friend or other like program. The terms and conditions of any such program may be modified by us at any time in our sole discretion. We may also cancel any such program at any time, and any benefit provided by us in connection with such a program is offered on an as-available basis only or otherwise until canceled by us. Further, we reserve the right to disqualify anyone at any time from participation in a program if they do not comply with this Agreement, any supplemental terms applicable to such a program, or otherwise if they violate any law, statute, regulation or rule. Any information collected by us from you or your referrals shall be one of our assets and shall be subject to the provisions of the Privacy Policy.
3.11 Sweepstakes. PULSE may operate sweepstakes or skills contests from time to time at an Event or otherwise. Your participation in any such sweepstakes or contest will be subject to any official rules or other governing agreement regulating participation in such a sweepstakes or contest which are posted at an Event or otherwise on the Website in connection with such a sweepstakes or contest. Exhibitors also may run their own sweepstakes or contests at an Event, and PULSE is not involved with, liable for, or responsible in any way for any such sweepstakes or contest.
3.12 Special Requests. Any and all special requests made by you, including without limitation a request that we provide you with hearing-impaired interpreters or assistance for sight impaired individuals at an Event, or any similar such requests, must be delivered in writing to PULSE no less than thirty (30) days prior to such Event.
4. COMMERCIAL TRANSACTIONS.
4.1 Purchases. Certain of our products or services, including those geared to Attendees, may be offered for sale by us through the Website, by phone by our representatives, at an Event or otherwise by us. In the event you wish to purchase any of these products or services, you will be asked by PULSE or an authorized third party on PULSE’s behalf to supply certain of your PII, including without limitation, your full name, address, telephone number and credit card information. You shall provide PULSE and/or such third party with your accurate, complete and current PII and other information at all times, and you shall comply with the terms and conditions of any additional agreement that you may enter into which governs your purchase of any such product or service. You shall be responsible for all charges incurred through your Account, or otherwise made by you or on your behalf. Please note that fees indicated as the “PRICE” refer to what PULSE charges for a specific ticket option, whereas the fees indicated as the “FEE” refers to registration processing fees charged by Eventbrite or Luma.
4.2 Payment. Your right to use any service or product that is available for purchase through the Website, by phone, at an Event or otherwise, is contingent upon your payment in full of the applicable fees indicated for such purchase (collectively, the “Fees”). Each applicable portion of the Fees must be paid in full at the time of purchase or otherwise as directed in writing by PULSE. You may pay any portion of the Fees by Visa, MasterCard, Discover or American Express credit cards. If you select only our free admission option for attending an Event, then you will be registered as an Attendee for such Event free of charge and no Fee will be applied. If any payment made under your Account or otherwise by you or on your behalf cannot be charged to your credit card or if a charge is refunded for any reason, including without limitation by chargeback, we reserve the right to withhold delivery of the products and/or services requested in connection with such failed charge, refund or chargeback, and/or to suspend or terminate your Account, and/or otherwise to stop performing any of our obligations to you.
4.3 No Refunds; All Sales are Final; Waiver of Claims. Except for as expressly set forth in this Agreement, once an Attendee ticket has been purchased, there are no refunds provided. Rather, all sales are final. In no event will any portion of the Fees paid by you be returned to you and/or applied as a credit for any future Event. PULSE has the right to cancel your registration to an Event or Events (and, if during an Event, PULSE has the right to have you and/or your representatives removed from such Event) at any time due to your breach (or any a breach by any of your representatives) of any of the provisions of this Agreement, as determined by PULSE in PULSE’s sole discretion. If your registration to an Event is so canceled by PULSE or if you or your representatives are so removed from any such Event, you shall not receive any refund of any Fees paid by you. Notwithstanding the foregoing, if, however, PULSE cancels an Event not due to the act or omission of a third party, PULSE shall provide you with a full refund of the Fees applicable to such cancellation, minus a registration processing charge by 3rd party (Eventbrite or Luma) of such Fees. However, PULSE shall not be responsible for any delays, damages, losses, increased costs, or other unfavorable conditions arising in connection with or related to any delay, rescheduling or cancellation of an Event, and you hereby irrevocably waive all claims arising therefrom.
4.4 Taxes. You shall be responsible for obtaining all licenses, permits and approvals under local, state or federal law which are applicable to your purchase of any products and/or services from PULSE or any person acting on behalf of PULSE, or from any Exhibitor, and for obtaining all tax identification numbers and paying all taxes, license fees and other charges that become due to any governmental authority or any other person in connection with or related to any such products and/or services.
5. NO ENDORSEMENT OR AFFILIATION; RELEASE. PULSE is not affiliated with and does not endorse any Exhibitor or any of the products or services offered by any Exhibitor or advertised or otherwise referenced on the Website or at any Event by any Exhibitor or any other third party, and PULSE does not guarantee the accurateness, validity, effectiveness or use of any such products or services. You hereby release PULSE and each of our members, PULSE, directors, officers, agents, representatives, employees and other personnel (collectively, the “PULSE Parties”) from any and all claims, demands, damages (actual and consequential) and other liabilities, of every kind and nature, known and unknown, arising out of or in any way related to, directly or indirectly, your use of the Website and/or your attendance at any Event, including without limitation (a) any act or omission of PULSE, an Exhibitor or any other person in connection with or related to the Website or your participation in any Event, (b) any products or services provided or offered by an Exhibitor or any other person in connection with or related to the Website or your participation in any Event, and (c) any dispute between you and an Exhibitor, or you and any other third party, in connection with or related to your use of the Website or your participation in any Event.
6. INTELLECTUAL PROPERTY.
6.1 Proprietary Rights. The Website contains various Content which is protected by the copyright, trademark and other laws of the United States and/or other jurisdictions. As between you and PULSE (a) all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Website (including without limitation all Content appearing on the Website) is owned exclusively by PULSE, and (b) you have no rights in and to the Website other than for (as between you and us) the limited usage rights expressly described in this Agreement. Except for that information which is in the public domain or for which you have been given express written permission by PULSE, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of PULSE and, where applicable, our licensors, except for as provided in Section 8 hereof.
6.2 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Website, (d) your address, telephone number, and e-mail address, (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon PULSE actual knowledge of facts or circumstances from which infringing material or acts are evident. PULSE’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Pulse Copyright Agent
Address: Attn: Pulse/Armix Group, 669 Main St, Unit #510, New Rochelle, NY 10801
Email: contacts@pulse.nyc
We suggest that you consult your legal advisor before filing a notice with PULSE’s copyright agent. You should note that there can be penalties for false claims under the DMCA. PULSE will, in appropriate circumstances and to the extent plausible, terminate the Account of an Attendee who infringes the rights of copyright holders.
6.3 Trademarks. All Trademarks appearing on the Website are the property of their respective owners. PULSE is not affiliated with, or sponsored or endorsed by, any third party trademark owner whose Trademark appears on the Website (unless the opposite is expressly indicated), and PULSE does not sponsor or endorse the owner of any such Trademark. As used herein, the term “Trademarks”’ means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings and trade dress appearing on the Website and/or at an Event which indicate a source of any products or services. Trademarks are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation by means of the distribution of Content, without our prior written consent or the consent of a third party Trademark holder, as applicable. In no event may any of the Trademarks be used in any manner that is likely to cause confusion or which causes confusion, or in any manner that disparages or discredits PULSE and/or any Event.
7. REPRESENTATIONS, WARRANTIES AND COVENANTS. Further to any other representation or warranty made by you in this Agreement, you additionally represent and warrant that (a) you have all rights, power and the full legal authority to enter into this Agreement and into any additional applicable agreements with PULSE, on your behalf or on behalf of your employer (if applicable), (b) you have read this Agreement and you shall strictly comply with all of its provisions and with all additional applicable agreements, terms and conditions posted to the Website or otherwise communicated to you by PULSE over the phone, by email, at an Event, or otherwise, (c) you have carefully reviewed the Privacy Policy (as hereinafter defined) and to our information collection, use, storage and transfer protocols described in such document, (d) you will not use any Content other than as expressly permitted in this Agreement, (f) you grant us the right to use your name, image or likeness in connection with our filming of any Event, (g) you have the full right to grant all rights being granted to PULSE by you under this Agreement, and (i) this Agreement is enforceable against you in accordance with its provisions.
8. LICENSE. You agree not to use, copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, retransmit, sell, publish, broadcast, circulate, display or in any way exploit any Content (including without limitation any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use, and in a manner which does not disparage PULSE and/or any Event and which does not compete with us or any of the Events. However, you may print copies of materials on the Website for your personal, non-commercial use only, provided that you (i) keep intact all copyright, Trademark, and other proprietary notices appearing therein, and(ii) use such materials only in the manner permitted by this Agreement.
9. LINKS. The Website may provide links to other websites (collectively, “Linked Sites”). None of the Linked Sites are under the control of PULSE and PULSE is not responsible for (a) any of the content, advertising, services, products, or other materials on any Linked Site, (b) any changes or updates to any Linked Site or the availability of any Linked Site, (c) any form of transmission received from any Linked Site or the owners of any Linked Site whatsoever, including without limitation any viruses, malware, or the like, or (d) any transaction you may execute using any Linked Site or otherwise any relationship you may have with a third party by means of any Linked Site. PULSE is providing links to Linked Sites to you only as a convenience, and the inclusion of any link on the Website does not imply an endorsement by PULSE of any Linked Site or any association with any of its operators, owners, products or services, or an endorsement of PULSE by the operator or owner of any Linked Site. PULSE is not responsible or liable, directly or indirectly, in any manner for any damage or loss caused or alleged to be caused by, or in connection with or related to, the use of or reliance on any content, advertising, services, products, or other materials on or available from any Linked Site. Your activity on any Linked Site shall be regulated by the policies and procedures of the operator or owner of such Linked Site, and not by the provisions of this Agreement or the Privacy Policy.
10. DISCLAIMER OF WARRANTIES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE PROVISIONS SET FORTH IN THIS SECTIONS 10 AND IN SECTION 11:
10.1 YOUR SOLE RISK. YOUR USE OF THE WEBSITE AND YOUR ATTENDANCE AT EACH EVENT IS AT YOUR SOLE RISK. THE WEBSITE AND EACH EVENT IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THROUGH THE WEBSITE AND/OR AT ANY EVENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NONE OF THE PULSE PARTIES ASSUMES ANY RESPONSIBILITY (OR SHALL BE LIABLE OR OTHERWISE RESPONSIBLE) FOR YOUR ATTENDANCE AT ANY EVENT OR FOR YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION ANY CONTENT, OTHER MATERIALS, PRODUCTS OR SERVICES, AND NONE OF THE PULSE PARTIES MAKES ANY PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN CONNECTION WITH THE WEBSITE OR ANY EVENT.
10.2 NO RELIANCE ON INFORMATION OR INTERACTIONS. WITHOUT LIMITING ANY OF THE FOREGOING, NO INFORMATION OBTAINED FROM PULSE OR ANY THIRD PARTY THROUGH THE WEBSITE OR AT ANY EVENT, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT (A) YOUR ATTENDANCE AT SUCH EVENT, YOUR USE OF THE WEBSITE OR OTHERWISE YOUR RELIANCE ON OR OTHER USE OF ANY SUCH INFORMATION WILL MEET YOUR REQUIREMENTS OR OTHERWISE BE SUCCESSFUL, (B) YOUR ATTENDANCE AT ANY EVENT OR YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR OMISSIONS, (C) SUCH INFORMATION WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT, (D) DEFECTS IN THE OPERATION OF ANY EVENT OR THE FUNCTIONALITY OF ANY PORTION OF THE WEBSITE WILL BE CORRECTED OR UPDATED, (E) DESCRIPTIONS OF PRODUCTS AND/OR SERVICES OFFERED BY US ON BEHALF OF ANY EXHIBITORS OR SPONSORS WILL BE ACCURATE OR CORRECT, AND (F) ANY PULSE PARTY IS IN ANY WAY LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM OR BE RELATED TO YOUR ATTENDANCE AT ANY EVENT OR YOUR USE OF THE WEBSITE. SPECIFICALLY, EXHIBITORS OR OTHER THIRD PARTIES WITH WHOM YOU INTERACT THROUGH THE WEBSITE OR AT ANY EVENT (FOR EXAMPLE, WHO TEACH CLASSES OR CONDUCT WORKSHOPS, INTERVIEWS, PANEL DISCUSSIONS, CLASSES, OR AUDITIONS OR PERFORM OTHER ACTIVITIES, SUCH AS JUDGING OR PROVIDING REVIEWS), DO SO EXCLUSIVELY ON THEIR OWN BEHALF AND NONE OF THE PULSE PARTIES ARE OR SHALL BE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF OR RELATED TO YOUR INTERACTION WITH ANY SUCH THIRD PARTIES OR WITH ANY OTHER PERSON WITH WHOM YOU INTERACT EITHER THROUGH THE WEBSITE OR AT ANY EVENT (OR OTHERWISE IN CONNECTION WITH ANY EVENT).
10.3 YOUR SOLE LIABILITY; RELEASE. NONE OF THE PULSE PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT (OR OTHERWISE IN CONNECTION WITH ANY EVENT). SPECIFICALLY, EACH OF THE PULSE PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. AS BETWEEN YOU AND THE PULSE PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSSES, LIABILITIES OR NEGATIVE CONSEQUENCES RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. YOU FURTHER HEREBY EXPRESSLY RELEASE EACH OF THE PULSE PARTIES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT.
11. LIMITATION OF LIABILITY.
11.1 LIMITED LIABILITY AND DAMAGES. IN NO EVENT SHALL ANY OF THE PULSE PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR ANY EVENT, OR ANY PRODUCTS AND/OR SERVICES ACQUIRED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY EVENT, WHETHER OR NOT PULSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 CAP ON LIABILITY. IN NO EVENT SHALL THE PULSE PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT, INCLUDING WITHOUT LIMITATION YOUR INTERACTION WITH ANY EXHIBITOR, EXCEED THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH DIRECTLY GIVE RISE TO SUCH A CLAIM, IF APPLICABLE, OR (B) ONE THOUSAND DOLLARS ($1,000).
11.3 EXCEPTIONS. THE LIMITATIONS ON THE LIABILITY OF ALL OF THE PULSE PARTIES IN THIS SECTION 11 SHALL APPLY WHETHER OR NOT ANY OF THE PULSE PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LIABILITY, LOSSES OR DAMAGES ARISING IN CONNECTION WITH OR RELATED TO THE WEBSITE AND/OR ANY EVENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTION 10 ABOVE OR IN THIS SECTION 11 MAY NOT APPLY TO YOU.
12. INDEMNITY. Notwithstanding anything to the contrary in this Agreement, you hereby agree to indemnify, defend and hold each of the PULSE Parties harmless from and against any and all claims, demands, actions, losses, expenses, damages (actual and consequential, direct and indirect) and liabilities of every kind and nature, and all related costs and expenses thereof (including without limitation reasonable attorneys’ fees and disbursements), arising out or related to (a) any breach by you (or any person acting on your behalf) of any representation, warranty or covenant made by you (or obligation undertaken by you) in this Agreement or in any further agreement executed by you with PULSE (if applicable), (b) any act or omission by you (or any person acting on your behalf), (c) your use of the Website and/or your attendance at any Event, (d) your negligence or misconduct, or (e) your violation of any law, regulation or rule. If your indemnification obligations under this Section 12 are invoked by any PULSE Party, such PULSE Party shall endeavor to reasonably cooperate with you and shall at all times have the right fully to participate in such PULSE Party’s defense with such PULSE Party’s own counsel at its own expense. You shall not enter into any settlement which imposes any liability or obligation on any of the PULSE Parties or which contains any admission or acknowledgment of wrongdoing (whether in tort or otherwise) without each such PULSE Party’s prior written consent.
13. THIRD PARTIES. Your participation, correspondence or business dealings with any third party found on or through the Website or resulting from any introduction or other contact made at any Event, in general or specifically regarding payment and delivery of any specific goods and/or services, and any other terms, conditions, representations or warranties associated with any such dealings, are solely between you and such third party. You agree that none of the PULSE Parties shall be liable or otherwise responsible for any loss, damage, or other matters of any sort incurred as the result of or related to any such dealings.
14. NO AGENCY. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and PULSE by this Agreement or otherwise.
15. PRIVACY. PULSE views the protection of your privacy as an important responsibility. The terms regulating the handling of your PII and other information submitted by you in connection with the Website or any Event is described in our Privacy Policy, which can be found at pulse.nyc/privacy/ (the “Privacy Policy”). By using the Website or otherwise by submitting your PII or other information to us, you consent to the collection and use of your PII and other information by us as described in the Privacy Policy.
16. NOTICES. All notices hereunder shall be provided by certified mail, postage prepaid and return receipt requested, to: Pulse / Armix Group, 669 Main St, Unit #510, New Rochelle, NY 10801, and to an Attendee at the address listed in such Attendee’s registrant profile (if an address is provided) and by electronic mail (if we have such an email address for such Attendee). Notice shall be deemed given three (3) days after the date of the mailing or upon receipt by email.
17. GOVERNING LAW; ARBITRATION; LEGAL FEES; NO CLASS CLAIMS; EQUITABLE RELIEF.
17.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of New York and all claims arising out of or relating to your use of the Website, your attendance at any Event, contacts between you and us, this Agreement and/or any other understanding or arrangement between you and PULSE or any of the other PULSE Parties, or the breach of any thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of New York.
17.2 Arbitration; Legal Fees; No Jury Trial; NO CLASS CLAIMS. Any dispute with you or any person acting on your behalf (if applicable) which arises out of or is related to your use of the Website, your attendance at any Event, this Agreement, and/or any other understanding or arrangement between you and PULSE or any of the other PULSE Parties, including without limitation regarding any breach of this Agreement, any contacts between you and PULSE (including, but not limited to, email, telephone calls, and text messages), or any other such other understanding or arrangement (the “Potential Claims”), shall be finally resolved by binding arbitration administered by a private professional arbitrator and the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. You and PULSE are expressly waiving any rights to a jury trial pertaining to the Potential Claims. The arbitration will be conducted in the City of New York, State of New York, by an arbitrator with applicable industry expertise in the field of event management services, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and PULSE, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and PULSE and any decision rendered shall be deemed to be the confidential information of PULSE and shall not be made public by you or any person acting on your behalf or for your interest (and any submission made to any court as part of such a proceeding shall be made under seal). If the party initiating such a proceeding does not prevail regarding a material part of its claim, then the initiating party shall pay the responding party’s costs and expenses, including but not limited to reasonable attorneys’ fees and costs as well as the costs for any counter claim asserted by the responding party. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or PULSE may apply to any federal or state court sitting in New York County and State of New York for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and PULSE each submits to the exclusive jurisdiction of such courts for such purpose. You and PULSE each expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum.
17.3 Equitable Relief. You agree that it would be impossible or inadequate to measure and calculate PULSE’s damages from any breach of certain of the representations, warranties or covenants made, or obligations undertaken, by you in this Agreement. Accordingly, you agree that PULSE shall have the right to obtain an immediate injunction enjoining any breach or threatened breach of any your obligations under this Agreement which PULSE in its sole discretion believes will cause damage to any of the PULSE Parties, without having to post a bond or other security, and to specific performance of any such provision of this Agreement. The remedies of PULSE in connection with this Section 17.3 shall be in addition to, and not in limitation of, any other remedies to which PULSE may be entitled under this Agreement or otherwise at law or in equity. If PULSE prevails in any such proceeding, PULSE shall have the right to recover from you the costs and expenses thereof, including without limitation for reasonable attorneys’ fees. For purpose of this Section 17.3, you agree to the personal and exclusive jurisdiction by and venue of any federal or state court sitting in New York County and State of New York for PULSE’s pursuit of such relief, without breach of the above arbitration provision, and you and PULSE submit to the exclusive jurisdiction of such courts for such purpose, and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
18. TIMELY FILING OF CLAIMS;. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ATTENDANCE AT ANY EVENT, OR ANY CONTACTS BETWEEN PULSE AND YOU (INCLUDING, BUT NOT LIMITED TO, TEXT MESSAGES, CALLS, OR EMAILS) OR OTHERWISE THIS AGREEMENT, MUST BE FILED BY YOU PURSUANT TO SECTION 17.2 ABOVE WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
19. ASSIGNMENT. You shall not sell, assign or otherwise transfer any of your rights or obligations under this Agreement, without PULSE’s prior written consent (to be provided or denied in our sole discretion). This Agreement may be automatically assigned by PULSE, in our sole discretion, to a third party, and such an assignment shall insure to the benefit of such third party or otherwise to our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent company, subsidiary, joint venture, or any company under our common control, as well as with a potential acquirer, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the PII we have collected from you may be one of the assets so transferred.
20. COVID WAIVER. You acknowledge that there is no way for us to fully protect you against exposure and/or infections of Coronavirus/COVID-19 including each of its known and future strains (collectively, “COVID”) related to your participation at one of our Events. By attending an Event, you affirm that you are not infected with COVID, and that you have complied with all current CDC guidelines recommended by persons who attend public events, and that you hereby fully release us from all liability related to any COVID-related claim.
21. VALIDITY; WAIVER. If any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any of the other provisions of this Agreement, which shall remain in full force and effect, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If, moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law as it shall then appear. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or subsequent or similar breaches. If PULSE does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which PULSE has the benefit of exercising or enforcing under any applicable law), such non-exercise or non-enforcement shall not be taken to be a formal waiver of PULSE’s rights or remedies, and all such rights or remedies shall still be available to PULSE.
22. GENERAL. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any such section. This Agreement and any additional applicable agreement between you and us sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of you and us.
23. ASL Interpreter Accessibility.
We strive to ensure our events are accessible to all attendees, including those requiring American Sign Language (ASL) interpretation. To request an ASL interpreter, please notify us at least four (4) weeks prior to the event. While we will make every effort to accommodate your request, we cannot guarantee interpreter availability for requests made after this period. Alternatively, you are welcome to bring your own ASL interpreter, and we will provide a complimentary pass for their admission.
24. CONTACT US. If you have any questions or concerns regarding the Website or any of our Events, please contact us by email: contacts@pulse.nyc or write to us at: Pulse/Armix Group, 669 Main St, Unit #510, New Rochelle, NY 10801.