Acceptance of These Terms of Service
‘The Agentic Manager’(“we,”“us,” or “our”) provides our services (described below) and related content to you through our website(s) located at https://www.agenticmanager.org(the “Site”) and related technologies (the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into these Terms of Service on behalf ofa company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Service and may notuse the Service. If you do not accept the terms and conditions of these Termsof Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE AS ANINDIVIDUAL: PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN ANAGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGALRIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITHLIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ANDFINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMSAGAINST THE AGENTIC MANAGER EVENTS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFFOR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOUWILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, ANDDECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVEANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Your Privacy: At THE AGENTIC MANAGER Events, we respect theprivacy of our users. For more information please see our Privacy Policy,located at https://www.agenticmanager.org/privacy (the“Privacy Policy”). By using the Service, you consent to our collection, use anddisclosure of personal data and other data as outlined therein.
Additional Terms: In addition, when using certain featuresthrough the Service, you will be subject to any additional terms applicable tosuch features that may be posted on or within the Service from time to time.All such terms are hereby incorporated by reference into these Terms ofService.
Access and Use of the Service
Service Description: The Service is designed to facilitateyour registration for certain events.
Your Registration Obligations: You may be required toregister with THE AGENTIC MANAGER Events or provide information about yourself(e.g., name and email address) in order to access and use certain features ofthe Service. If you choose to register for the Service, you agree to provideand maintain true, accurate, current, and complete information about yourselfas prompted by the Service’s registration form. Registration data and certainother information about you are governed by our Privacy Policy. If you areunder 13 years of age, you are not authorized to use the Service, with or withoutregistering. In addition, if you are under 18 years old, you may use theService, with or without registering, only with the approval of your parent orguardian.
Member Account, Password and Security: You are responsiblefor maintaining the confidentiality of your password and account details, ifany, and are fully responsible for any and all activities that occur under yourpassword or account. You agree to (a) immediately notify THE AGENTIC MANAGEREvents of any unauthorized use of your password or account or any other breachof security, and (b) ensure that you exit from your account at the end of eachsession when accessing the Service. Eventswill not be liable for any loss or damage arising from your failure to complywith this paragraph.
Modifications to Service: THE AGENTIC MANAGER Eventsreserves the right to modify or discontinue, temporarily or permanently, theService (or any part thereof) with or without notice. You agree that THEAGENTIC MANAGER Events will not be liable to you or to any third party for anymodification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledgethat THE AGENTIC MANAGER Events may establish general practices and limitsconcerning use of the Service, including the maximum period of time that dataor other content will be retained by the Service and the maximum storage spacethat will be allotted on THE AGENTIC MANAGER Events’ or its third-party serviceproviders’ servers on your behalf. You agree that THE AGENTIC MANAGER Eventshas no responsibility or liability for the deletion or failure to store anydata or other content maintained or uploaded by the Service. You acknowledgethat THE AGENTIC MANAGER Events reserves the right to terminate accounts thatare inactive for an extended period of time. You further acknowledge that THEAGENTIC MANAGER Events reserves the right to change these general practices andlimits at any time, in its sole discretion, with or without notice.
Conditions of Access and Use
User Conduct: You are solely responsible for all code,video, images, information, data, text, software, music, sound, photographs,graphics, messages, and other materials (“Content”) that you make available to THEAGENTIC MANAGER Events, including by uploading, posting, publishing, ordisplaying (hereinafter, “Upload(ing)”) via the Service or by emailing orotherwise making available to other users of the Service (collectively, “UserContent”). The following are examples of the kinds of Content and/or uses thatare illegal or prohibited by THE AGENTIC MANAGER Events. THE AGENTIC MANAGEREvents reserves the right to investigate and take appropriate legal actionagainst anyone who, in THE AGENTIC MANAGER Events’s sole discretion, violatesthis provision, including removing the offending content from the Service,suspending or terminating the account of such violators, and reporting theviolator to law enforcement authorities. You agree to not use the Service to:
1. Email or otherwise upload any content that (i) infringesany intellectual property or other proprietary rights of any party; (ii) you donot have a right to upload under any law or under contractual or fiduciaryrelationships; (iii) contains software viruses or any other computer code,files or programs designed to interrupt, destroy, or limit the functionality ofany computer software or hardware or telecommunications equipment; (iv) posesor creates a privacy or security risk to any person; (v) constitutesunsolicited or unauthorized advertising, promotional materials, commercialactivities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramidschemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) isunlawful, harmful, threatening, abusive, harassing, tortious, excessivelyviolent, defamatory, vulgar, obscene, pornographic, libelous, invasive ofanother’s privacy, hateful, discriminatory, or otherwise objectionable; or(vii) in the sole judgment of THE AGENTIC MANAGER Events, is objectionable orwhich restricts or inhibits any other person from using or enjoying theService, or which may expose THE AGENTIC MANAGER Events or its users to anyharm or liability of any type;
2. Interfere with or disrupt the Service or servers ornetworks connected to the Service, or disobey any requirements, procedures,policies, or regulations of networks connected to the Service;
3. Violate any applicable local, state, national, orinternational law, or any regulations having the force of law;
4. Impersonate any person or entity, or falsely state orotherwise misrepresent your affiliation with a person or entity;
5. Solicit personal information from anyone under the age of18;
6. Harvest or collect email addresses or other contactinformation of other users from the Service by electronic or other means forthe purposes of sending unsolicited emails or other unsolicited communications;
7. Advertise or offer to sell or buy any goods or servicesfor any business purpose that is not specifically authorized;
8. Further or promote any criminal activity or enterprise orprovide instructional information about illegal activities;
9. Obtain or attempt to access or otherwise obtain anycontent or information through any means not intentionally made available orprovided for through the Service;
10. Circumvent, remove, alter, deactivate, degrade, orthwart any of the content protections in or geographic restrictions on anycontent (including Service Content (as defined below) available on or throughthe Service, including through the use of virtual private networks; or
11. Engage in or use any data mining, robots, scraping, orsimilar data gathering or extraction methods. If you are blocked by THE AGENTICMANAGER Events from accessing the Service (including by blocking your IPaddress), you agree not to implement any measures to circumvent such blocking(e.g., by masking your IP address or using a proxy IP address or virtualprivate network).
Fees: To the extent the Service or any portion thereof ismade available for any fee, you may be required to select a payment plan andprovide information regarding your credit card or other payment instrument. Yourepresent and warrant to THE AGENTIC MANAGER Events that such information istrue and that you are authorized to use the payment instrument. You willpromptly update your account information with THE AGENTIC MANAGER Events or thePayment Processor (as defined below), as applicable, of any changes (forexample, a change in your billing address or credit card expiration date) thatmay occur. You agree to pay THE AGENTIC MANAGER Events the amount that isspecified in the payment plan in accordance with the terms of such plan andthese Terms of Service. If you dispute any charges you must let THE AGENTICMANAGER Events know within sixty (60) days after the date that THE AGENTICMANAGER Events charges you. You will be responsible for all taxes associatedwith the Service, other than taxes based on THE AGENTIC MANAGER Events’ netincome.
Payment Processing: Notwithstanding any amounts owed to THEAGENTIC MANAGER Events hereunder, THE AGENTIC MANAGER EVENTS DOES NOT PROCESSPAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bankaccount, credit card, or debit card, we use a third-party payment processor(collectively, “Payment Processors”). These payment processing services areprovided by the Payment Processors and are subject to the applicable PaymentProcessor’s terms and conditions, privacy policy, and all other relevantagreements (collectively, the “Payment Processor Agreements”). By agreeing tothese Terms of Service, users that use the payment functions of the Servicealso agree to be bound by the applicable Payment Processor Agreement for thepayment function the user is using, as the same may be modified by theapplicable Payment Processor from time to time. You hereby authorize theapplicable Payment Processor to store and continue billing your specifiedpayment method even after such payment method has expired, to avoidinterruptions in payment for your use of the Service. Please contact theapplicable Payment Processor for more information. THE AGENTIC MANAGER Eventsassumes no liability or responsibility for any payments you make through theService.
Refunds and Cancellations: Payments made by you hereunderare final and non-refundable, unless otherwise determined by THE AGENTICMANAGER Events. You may email us with a request to cancel your registration at:neilsm@agenticmanager.org.
Commercial Use: Unless otherwise expressly authorized hereinor in the Service, you agree not to display, distribute, license, perform,publish, reproduce, duplicate, copy, create derivative works from, modify,sell, resell, exploit, transfer, or upload for any commercial purposes, anyportion of the Service, use of the Service, or access to the Service. TheService is for your personal use.
Mobile Services and Software
Mobile Services: The Service includes certain services thatare available via a mobile device, including (i) the ability to upload contentto the Service via a mobile device, (ii) the ability to browse the Service andthe Site from a mobile device, and (iii) the ability to access certain featuresand content through Mobile Apps (collectively, the “Mobile Services”). To theextent you access the Service through a mobile device, your wireless servicecarrier’s standard charges, data rates, and other fees may apply. In addition,downloading, installing, or using certain Mobile Services may be prohibited orrestricted by your carrier, and not all Mobile Services may work with allcarriers or devices. By using the Mobile Services, you agree that we maycommunicate with you regarding THE AGENTIC MANAGER Events and other entities bySMS, MMS, text message, or other electronic means to your mobile device andthat certain information about your usage of the Mobile Services may becommunicated to us. Communications from us may include but are not limited to:operational communications concerning your access or use of the Services,updates concerning new and existing features of the Services, andcommunications concerning marketing or promotions run by us or our third-partypartners. In the event you change or deactivate your mobile telephone number,you agree to promptly update your THE AGENTIC MANAGER Events accountinformation to ensure that your messages are not sent to the person thatacquires your old number.
Ownership; Restrictions: The technology and softwareunderlying the Service or distributed in connection therewith are the propertyof THE AGENTIC MANAGER Events, its affiliates, and its licensors (the“Software”). You agree not to copy, modify, create a derivative work of,reverse engineer, reverse assemble, or otherwise attempt to discover any sourcecode, sell, assign, sublicense, or otherwise transfer any right in theSoftware. Any rights not expressly granted herein are reserved by THE AGENTICMANAGER Events.
Special Notice for International Use; Export Controls: THEAGENTIC MANAGER Events is headquartered in the United States. If you access oruse the Service from outside of the United States, you do so at your own risk.Whether inside or outside of the United States, you are solely responsible forensuring compliance with the laws of your specific jurisdiction. Softwareavailable in connection with the Service and the transmission of applicabledata, if any, is subject to United States export controls. No Software may bedownloaded from the Service or otherwise exported or re-exported in violationof U.S. export laws. Downloading or using the Software is at your sole risk.
Intellectual Property Rights
Service Content: You acknowledge and agree that the Servicemay contain content or features (“Service Content”) that are protected bycopyright, patent, trademark, trade secret, or other proprietary rights andlaws. Except as expressly authorized by THE AGENTIC MANAGER Events, you agreenot to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, orcreate derivative works based on the Service or the Service Content, in wholeor in part, except that the foregoing does not apply to your own User Contentthat you upload to or make available through the Service in accordance withthese Terms of Service. Any use of the Service or the Service Content otherthan as specifically authorized herein is strictly prohibited.
Trademarks: The THE AGENTIC MANAGER Events name and logosare trademarks and service marks of THE AGENTIC MANAGER Events (collectivelythe “THE AGENTIC MANAGER Events Trademarks”). Other company, product, andservice names and logos used and displayed via the Service may be trademarks orservice marks of their respective owners who may or may not endorse or beaffiliated with or connected to THE AGENTIC MANAGER Events. Nothing in theseTerms of Service or the Service should be construed as granting, byimplication, estoppel, or otherwise, any license or right to use any of THEAGENTIC MANAGER Events Trademarks displayed on the Service, without our priorwritten permission in each instance. All goodwill generated from the use of THEAGENTIC MANAGER Events Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will THEAGENTIC MANAGER Events be liable in any way for any content or materials of anythird parties (including users), including for any errors or omissions in anycontent, or for any loss or damage of any kind incurred as a result of the useof any such content. You acknowledge that THE AGENTIC MANAGER Events does notpre-screen content, but that THE AGENTIC MANAGER Events and its designees willhave the right (but not the obligation) in their sole discretion to refuse orremove any content that is available via the Service. Without limiting theforegoing, THE AGENTIC MANAGER Events and its designees will have the right toremove any content that violates these Terms of Service or is deemed by THEAGENTIC MANAGER Events, in its sole discretion, to be otherwise objectionable.You agree that you must evaluate, and bear all risks associated with, the useof any content, including any reliance on the accuracy, completeness, orusefulness of such content.
User Content: You represent and warrant that you own allright, title and interest in and to such User Content, including all copyrightsand rights of publicity contained therein. You hereby grant THE AGENTIC MANAGEREvents and its affiliated companies, successors, and assigns a non-exclusive,worldwide, royalty-free, fully paid-up, transferable, sublicensable (directlyand indirectly through multiple tiers), perpetual, and irrevocable license tocopy, display, upload, perform, distribute, store, modify, and otherwise useyour User Content in connection with the operation of the Service and thepromotion, advertising or marketing of the foregoing in any form, medium ortechnology now known or later developed. You assume all risk associated withyour User Content and the transmission of your User Content, and you have soleresponsibility for the accuracy, quality, legality and appropriateness of yourUser Content.
You hereby authorize THE AGENTIC MANAGER Events and itsthird-party service providers to derive statistical and usage data relating toyour use of the Service (“Usage Data”). We may use Usage Data for any purposein accordance with applicable law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback,reviews, or other information about the Service (“Submissions”), provided byyou to THE AGENTIC MANAGER Events are non-confidential and THE AGENTIC MANAGEREvents will be entitled to the unrestricted use and dissemination of theseSubmissions for any purpose, commercial or otherwise, without acknowledgment,attribution, or compensation to you.
You acknowledge and agree that THE AGENTIC MANAGER Eventsmay preserve User Content and may also disclose User Content if required to doso by law or in the good faith belief that such preservation or disclosure isreasonably necessary to: (a) comply with legal process, applicable laws, orgovernment requests; (b) enforce these Terms of Service; (c) respond to claimsthat any content violates the rights of third parties; or (d) protect therights, property, or personal safety of THE AGENTIC MANAGER Events, its users,or the public. You understand that the technical processing and transmission ofthe Service, including your User Content, may involve (i) transmissions overvarious networks; and (ii) changes to conform and adapt to technical requirementsof connecting networks or devices.
Third-Party Services and Websites
The Service may provide links or other access to services,sites, technology, and resources that are provided or otherwise made availableby third parties (the “Third-Party Services”). Additionally, you may enable orlog in to the Service via various online Third-Party Services, such as socialmedia and social networking services like Facebook or Twitter. Your access anduse of the Third-Party Services may also be subject to additional terms andconditions, privacy policies, or other agreements with such third party, andyou may be required to authenticate to or create separate accounts to useThird-Party Services on the websites or via the technology platforms of theirrespective providers. Some Third-Party Services will provide us with access tocertain information that you have provided to third parties, including throughsuch Third-Party Services, and we will use, store and disclose such informationin accordance with our Privacy Policy. For more information about theimplications of activating Third-Party Services and our use, storage anddisclosure of information related to you and your use of such Third-PartyServices within the Service, please see our Privacy Policy. THE AGENTIC MANAGEREvents has no control over and is not responsible for such Third-PartyServices, including for the accuracy, availability, reliability, orcompleteness of information shared by or available through Third-PartyServices, or on the privacy practices of Third-Party Services. We encourage youto review the privacy policies of the third parties providing Third-PartyServices prior to using such services. You, and not THE AGENTIC MANAGER Events,will be responsible for any and all costs and charges associated with your useof any Third-Party Services. THE AGENTIC MANAGER Events enables theseThird-Party Services merely as a convenience and the integration or inclusionof such Third-Party Services does not imply an endorsement or recommendation.Any dealings you have with third parties while using the Service are betweenyou and the third party. THE AGENTIC MANAGER Events will not beresponsible or liable, directly or indirectly, for any damage or loss caused oralleged to be caused by or in connection with use of or reliance on anyThird-Party Services.
Indemnification
To the extent permitted under applicable law, you agree todefend, indemnify, and hold harmless THE AGENTIC MANAGER Events, itsaffiliates, and its and their respective officers, employees, directors,service providers, licensors, and agents (collectively, the “THE AGENTICMANAGER Events Parties”) from any and all losses, damages, expenses, includingreasonable attorneys’ fees, rights, claims, actions of any kind, and injury(including death) arising out of or relating to your use of the Service, anyUser Content, your connection to the Service, your violation of these Terms ofService, or your violation of any rights of another. THE AGENTIC MANAGER Eventswill provide notice to you of any such claim, suit, or proceeding. THE AGENTICMANAGER Events reserves the right to assume the exclusive defense and controlof any matter which is subject to indemnification under this section, and youagree to cooperate with any reasonable requests assisting THE AGENTIC MANAGEREvents’ defense of such matter. You may not settle or compromise any claimagainst the THE AGENTIC MANAGER Events Parties without THE AGENTIC MANAGEREvents’ written consent.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE ISPROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE THE AGENTIC MANAGER EVENTSPARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIEDOR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE THE AGENTIC MANAGER EVENTS PARTIES MAKE NO WARRANTY THAT(A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BEUNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BEOBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THEQUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OROBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE THE AGENTICMANAGER EVENTS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITSINCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES(EVEN IF THE THE AGENTIC MANAGER EVENTS PARTIES HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TOUSE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICESRESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINEDOR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;(C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTSOR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATINGTO THE SERVICE. IN NO EVENT WILL THE THE AGENTIC MANAGER EVENTS PARTIES’TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THEAMOUNT YOU HAVE PAID THE AGENTIC MANAGER EVENTS IN THE LAST SIX (6) MONTHS, OR,IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSIONOF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONSSET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IFYOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OFSERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONSTITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OFLIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OFTHE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALIDUNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILLNOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration – For UsersEntering into these Terms of Service as Individuals
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOURRIGHTS.
(a) Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section isreferred to in these Terms of Service as the “Arbitration Agreement.” If youare entering into these Terms of Service as an individual (as opposed to onbehalf of an entity), you agree that any and all disputes or claims that havearisen or may arise between you and THE AGENTIC MANAGER Events, whether arisingout of or relating to these Terms of Service (including any alleged breachthereof), the Service, any advertising, or any aspect of the relationship ortransactions between us, will be resolved exclusively through final and bindingarbitration, rather than a court, in accordance with the terms of thisArbitration Agreement, except that you may assert individual claims in smallclaims court, if your claims qualify. Further, this Arbitration Agreement doesnot preclude you from bringing issues to the attention of federal, state, orlocal agencies, and such agencies can, if the law allows, seek relief againstus on your behalf. You agree that, by entering into these Terms of Service, youand THE AGENTIC MANAGER Events are each waiving the right to a trial by jury orto participate in a class action. Your rights will be determined by a neutralarbitrator, not a judge or jury. The Federal Arbitration Act governs theinterpretation and enforcement of this Arbitration Agreement.
(b) Prohibition of Class and Representative Actions andNon-Individualized Relief
YOU AND THE AGENTIC MANAGER EVENTS AGREE THAT EACH OF US MAYBRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION ORPROCEEDING. UNLESS BOTH YOU AND THE AGENTIC MANAGER EVENTS AGREE OTHERWISE, THEARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMSAND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE,OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTYSEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATEDBY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR ANDTHE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THEEXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
(c) Pre-Arbitration Dispute Resolution
THE AGENTIC MANAGER Events is always interested in resolvingdisputes amicably and efficiently, and most customer concerns can be resolvedquickly and to the customer’s satisfaction by emailing customer support at neilsm@agenticmanager.org.If such efforts prove unsuccessful, a party who intends to seek arbitrationmust first send to the other, by certified mail, a written Notice of Dispute(“Notice”). The Notice to ‘The Agentic Manager’. should be sent to 278 RobinsonDrive, Tustin. CA. 92782 (“NoticeAddress”). The Notice must (i) describe the nature and basis of the claim ordispute and (ii) set forth the specific relief sought. If THE AGENTIC MANAGEREvents and you do not resolve the claim within sixty (60) calendar days afterthe Notice is received, you or THE AGENTIC MANAGER Events may commence anarbitration proceeding. During the arbitration, the amount of any settlementoffer made by THE AGENTIC MANAGER Events or you will not be disclosed to thearbitrator until after the arbitrator determines the amount, if any, to whichyou or THE AGENTIC MANAGER Events is entitled.
(d) Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator inaccordance with the American Arbitration Association’s (“AAA”) rules andprocedures, including the AAA’s Consumer Arbitration Rules (collectively, the“AAA Rules”), as modified by this Arbitration Agreement. For information on theAAA, please visit its website, http://www.adr.org. Information about the AAARules and fees for consumer disputes can be found at the AAA’s consumerarbitration page, https://www.adr.org/consumer. If there is any inconsistencybetween any term of the AAA Rules and any term of this Arbitration Agreement,the applicable terms of this Arbitration Agreement will control unless thearbitrator determines that the application of the inconsistent ArbitrationAgreement terms would not result in a fundamentally fair arbitration. Thearbitrator must also follow the provisions of these Terms of Service as a courtwould. All issues are for the arbitrator to decide, including issues relatingto the scope, enforceability, and arbitrability of this Arbitration Agreement.Although arbitration proceedings are usually simpler and more streamlined thantrials and other judicial proceedings, the arbitrator can award the samedamages and relief on an individual basis that a court can award to an individualunder these Terms of Service and applicable law. Decisions by the arbitratorare enforceable in court and may be overturned by a court only for very limitedreasons.
Unless THE AGENTIC MANAGER Events and you agreeotherwise, any arbitration hearings will take place in a reasonably convenientlocation for both parties with due consideration of their ability to travel andother pertinent circumstances. If the parties are unable to agree on alocation, the determination will be made by AAA. If your claim is for $10,000or less, THE AGENTIC MANAGER Events agrees that you may choose whether thearbitration will be conducted solely on the basis of documents submitted to thearbitrator, through a telephonic hearing, or by an in-person hearing asestablished by the AAA Rules. If your claim exceeds $10,000, the right to ahearing will be determined by the AAA Rules. Regardless of the manner in whichthe arbitration is conducted, the arbitrator will issue a reasoned writtendecision sufficient to explain the essential findings and conclusions on which theaward is based.
(e) Costs of Arbitration
Payment of all filing, administration, and arbitrator fees(collectively, the “Arbitration Fees”) will be governed by the AAA Rules,unless otherwise provided in this Arbitration Agreement. To the extent anyArbitration Fees are not specifically allocated to either THE AGENTIC MANAGEREvents or you under the AAA Rules, THE AGENTIC MANAGER Events and you shallsplit them equally; provided that if you are able to demonstrate to thearbitrator that you are economically unable to pay your portion of suchArbitration Fees or if the arbitrator otherwise determines for any reason thatyou should not be required to pay your portion of any Arbitration Fees, THEAGENTIC MANAGER Events will pay your portion of such fees. In addition, if youdemonstrate to the arbitrator that the costs of arbitration will be prohibitiveas compared to the costs of litigation, THE AGENTIC MANAGER Events will pay asmuch of the Arbitration Fees as the arbitrator deems necessary to prevent thearbitration from being cost-prohibitive. Any payment of attorneys’ fees will begoverned by the AAA Rules.
(f) Confidentiality
All aspects of the arbitration proceeding, and any ruling,decision, or award by the arbitrator, will be strictly confidential for thebenefit of all parties.
(g) Severability
If a court or the arbitrator decides that any term orprovision of this Arbitration Agreement (other than the subsection (b) abovetitled “Prohibition of Class and Representative Actions and Non-IndividualizedRelief” above) is invalid or unenforceable, the parties agree to replace suchterm or provision with a term or provision that is valid and enforceable andthat comes closest to expressing the intention of the invalid or unenforceableterm or provision, and this Arbitration Agreement will be enforceable as somodified. If a court or the arbitrator decides that any of the provisions ofsubsection (b) above titled “Prohibition of Class and Representative Actionsand Non-Individualized Relief” are invalid or unenforceable, then the entiretyof this Arbitration Agreement will be null and void, unless such provisions aredeemed to be invalid or unenforceable solely with respect to claims for publicinjunctive relief. The remainder of these Terms of Service will continue toapply.
(h) Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service tothe contrary, THE AGENTIC MANAGER Events agrees that if it makes any futurechange to this Arbitration Agreement (other than a change to the NoticeAddress) while you are a user of the Service, you may reject any such change bysending THE AGENTIC MANAGER Events a written notice within thirty (30) calendardays of the change to the Notice Address provided above. By rejecting anyfuture change, you are agreeing that you will arbitrate any dispute between usin accordance with the language of this Arbitration Agreement as of the dateyou first accepted these Terms of Service (or accepted any subsequent changesto these Terms of Service).
Dispute Resolution By Binding Arbitration – For UsersEntering into these Terms of Service on behalf of an Entity
You and THE AGENTIC MANAGER Events intend that these Termsof Service are to be construed and enforced in accordance with the laws of theState of California without regard to any conflict-of-law or choice-of-lawrules, and that the rule of construction that provides that a document isconstrued against the maker thereof be inapplicable in the construction of anyof the terms of these Terms of Service. Any dispute, claim, or controversyarising out of or relating in any way to these Terms of Service or the breach,termination, enforcement, interpretation, or validity thereof, including thedetermination of the scope or applicability of this agreement to arbitrate,shall be determined through confidential binding arbitration in the State of Californiabefore one arbitrator. The confidential binding arbitration shall beadministered by AAA pursuant to its Commercial Arbitration Rules, and you and THEAGENTIC MANAGER Events shall maintain the confidential nature of thearbitration proceeding and the award, including the hearing. Judgment on theaward may be entered in any court having jurisdiction.
Termination
You agree that THE AGENTIC MANAGER Events, in its solediscretion, may suspend or terminate your account (or any part thereof) or useof the Service and remove and discard any content within the Service, for anyreason, including for lack of use or if THE AGENTIC MANAGER Events believesthat you have violated or acted inconsistently with the letter or spirit ofthese Terms of Service. Any suspected fraudulent, abusive, or illegal activitythat may be grounds for termination of your use of the Service, may be referredto appropriate law enforcement authorities. THE AGENTIC MANAGER Events may alsoin its sole discretion and at any time discontinue providing the Service, orany part thereof, with or without notice. You agree that any termination ofyour access to the Service under any provision of these Terms of Service may beeffected without prior notice, and acknowledge and agree that THE AGENTICMANAGER Events may immediately deactivate or delete your account and allrelated information and files in your account and/or bar any further access tosuch files or the Service. Further, you agree that THE AGENTIC MANAGER Eventswill not be liable to you or any third party for any termination of your accessto the Service.
User Disputes
You agree that you are solely responsible for yourinteractions with any other user in connection with the Service, and THEAGENTIC MANAGER Events will have no liability or responsibility with respectthereto. THE AGENTIC MANAGER Events reserves the right, but has no obligation,to become involved in any way with disputes between you and any other user ofthe Service.
General
These Terms of Service (together with the terms incorporatedby reference herein) constitute the entire agreement between you and THEAGENTIC MANAGER Events governing your access and use of the Service, andsupersede any prior agreements between you and THE AGENTIC MANAGER Events withrespect to the Service. You also may be subject to additional terms andconditions that may apply when you use Third-Party Services, third-partycontent or third-party software. These Terms of Service will be governed by thelaws of the State of California without regard to its conflict of lawprovisions. With respect to any disputes or claims not subject to arbitration,as set forth above, you and THE AGENTIC MANAGER Events submit to the personaland exclusive jurisdiction of the state and federal courts of California. Thefailure of THE AGENTIC MANAGER Events to exercise or enforce any right orprovision of these Terms of Service will not constitute a waiver of such rightor provision. If any provision of these Terms of Service is found by a court ofcompetent jurisdiction to be invalid, the parties nevertheless agree that thecourt should endeavor to give effect to the parties’ intentions as reflected inthe provision, and the other provisions of these Terms of Service remain infull force and effect. You agree that regardless of any statute or law to thecontrary, any claim or cause of action arising out of or related to use of theService or these Terms of Service must be filed within one (1) year after suchclaim or cause of action arose or be forever barred. A printed version of theseTerms of Service and of any notice given in electronic form will be admissiblein judicial or administrative proceedings based upon or relating to these Termsof Service to the same extent and subject to the same conditions as otherbusiness documents and records originally generated and maintained in printedform. You may not assign these Terms of Service without the prior writtenconsent of THE AGENTIC MANAGER Events, but THE AGENTIC MANAGER Events mayassign or transfer these Terms of Service, in whole or in part, withoutrestriction. The section titles in these Terms of Service are for convenienceonly and have no legal or contractual effect. As used in these Terms ofService, the words “include” and “including,” and variations thereof, will notbe deemed to be terms of limitation, but rather will be deemed to be followedby the words “without limitation.” Notices to you may be made via either emailor regular mail. The Service may also provide notices to you of changes tothese Terms of Service or other matters by displaying notices or links tonotices generally on the Service. THE AGENTIC MANAGER Events will not be indefault hereunder by reason of any failure or delay in the performance of itsobligations where such failure or delay is due to civil disturbances, riot,epidemic, hostilities, war, terrorist attack, embargo, natural disaster, actsof God, flood, fire, sabotage, fluctuations or unavailability of electricalpower, network access or equipment, or any other circumstances or causes beyondTHE AGENTIC MANAGER Events’ reasonable control.
Notice for California Users
Under California Civil Code Section 1789.3, users of theService from California are entitled to the following specific consumer rightsnotice: The Complaint Assistance Unit of the Division of Consumer Services ofthe California Department of Consumer Affairs may be contacted (a) via email atdca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, ConsumerInformation Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD).Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). Youmay contact us at 155 East 44th Street, Suite 701, New York, NY 10017.
U.S. Government Restricted Rights
The Service is made available to the U.S. government with“RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government issubject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR252.227-7013 et seq. or its successor. Access or use of the Service (includingthe Software) by the U.S. government constitutes acknowledgement of ourproprietary rights in the Service (including the Software).