Last Updated: February 1, 2023
The following Tech to Profit for the Non-Techie Event Attendee Terms and Conditions (the "Terms & Conditions") apply to all events held by The Mobile Sophisticate, LLC under the brand "Tech to Profit for the Non-Techie" ("TTP" "we" "our" or "us"). Prior to your registration for transaction, you must acknowledge and accept the Terms & Conditions contained herein. Should you not wish to accept the Terms & Conditions you should not register or complete the transaction.
Your submitting a registration, purchasing a ticket, accepting a ticket, for accepting products or services that are related to our events will be considered affirmation of your acceptance of these Terms & Conditions.
The Mobile Sophisticate reserves the right to change, amend, add, or remove any of the terms or conditions in this Agreement in its sole discretion and without prior notice. If one or more oof the conditions outlined in these Terms & Conditions should become invalid, the remaining terms will continue to be valid and apply. These Terms & Conditions apply to all event participants (attendees, speakers, sponsors, exhibitors) and take precedence over all the agreements.
The views expressed by any event attendee, speaker, exhibitor, or sponsor are not necessarily those of The Mobile Sophisticate. All attendees, speakers, exhibitors, and sponsors are solely responsible for the content, presentations, marketing collateral, and/or advertising presented on behalf of their respective corporations or themselves as individuals.
When eligible, ticket transfer requests must be submitted no later than 30 days prior to the event date. Ticket transfer requests must adhere to the following instructions:
Ticket transfer requests are typically handled within five (5) business days of receiving a valid request and acceptance of our terms. Once we verify all items have been accepted, we will send both parties confirmation of the transfer.
Once the Transferee accepts a ticket transfer, a new ticket is issued to the Transferee and the sender's tickets are invalid. If a ticket has been transferred multiple times, only the ticket from the last transfer will be valid for event entry – all previous tickets will be invalidated.
The sender can modify or cancel a ticket transfer before the Transferee accepts the transfer – not after.
The Mobile Sophisticate reserves the right to cancel transferred tickets, at any time, if we determine that those tickets were obtained fraudulently or otherwise in violation of our policies. If an event is canceled or otherwise modified to warrant a refund, only the original purchaser will be eligible for a refund. Transferees must seek refunds from the individuals who sold them their tickets.
Lawful ticket resales are subject to the transfer limitations as described above. Unlawful resale (or attempted resale), counterfeit, or copies of tickets are grounds for seizure and cancellation without compensation. You are responsible for complying with all applicable ticket resale laws. In addition, TSP reserves the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through us, to ensure ticket authenticity.
Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.
You May Be Subject to Search
You and your belongings may be searched upon entry or reentry into our events. You consent to such searches and waive any related claims against us or our affiliates, employees, owners, or any third parties acting on our behalf that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, firearms, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), packages, and containers.
Canceled, Rescheduled, Relocated, and Converted Events
Except when mandated by law, The Mobile Sophisticate does not provide refunds for postponed, rescheduled, relocated, or converted events, partial performances, or venue, date, lineup, or time changes.
The Mobile Sophisticate reserves the right to convert any live event to a virtual event, at our own sole discretion, and without further compensation to you. We therefore recommend that you purchase refundable tickets and hotel accommodations, and travel insurance with adequate coverage when preparing to attend our live events. In situations where the live event has been converted to a virtual event, we will provide at least 30 days’ notice to you using the email address we have for you on file.
The Mobile Sophisticate reserves the right to postpone, relocate, or reschedule any event, at our own sole discretion, and without further compensation to you. If an event is postponed, relocated, or rescheduled, you may use the tickets to attend the postponed, relocated, or rescheduled event either in person or virtually if virtual attendance is available.
In the rare circumstance that an event is canceled, we will issue full refunds to the original ticket purchasers only.
Refunds and Exchanges
Unless the event has been canceled in accordance with the cancelation section above, refunds will not be issued after a ticket has been purchased. The Mobile Sophisticate may occasionally offer tickets at a discount after the original ticket release date and will not refund the difference between the original price and the sale price.
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase tickets from us. Should you do so, your tickets are subject to immediate cancellation, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision.
The Mobile Sophisticate uses the personal data you provide in this registration for administering your participation in this event. This may include information about the event’s content, event logistics, payment, updates, and additional information related to the event.
The Mobile Sophisticate may disclose your personal data to third party service providers engaged by The Mobile Sophisticate to assist in the conduct of the event (e.g. venue, mobile application provider, etc.). Information you provide when registering for or participating in an event managed or co-sponsored by parties other than or in addition to The Mobile Sophisticate may be shared with those parties, and the treatment of such information is further subject to the privacy policies of those parties. Except as described herein, The Mobile Sophisticate will not disclose your personal data to any other third party without your consent except where required to do so by law.
The Mobile Sophisticate prohibits discrimination, harassment, and bullying against any person for any reason—for example, because of age, ancestry, color, disability or handicap, national origin, race, religion, gender, sexual or affectional orientation, gender identity, appearance, matriculation, political affiliation, marital status, veteran status, or any other characteristic protected by law.
How We Use Images of You
By accepting these terms you grant us and our respective licensees, successors, heirs and assigns, the irrevocable, perpetual, world-wide, and unrestricted right and permission to take, use, re-use, publish, modify, and republish the images, videos, and testimonials taken of you during our events for any business purpose that we, in our sole discretion, deem as legitimate, without further compensation to you. This use includes, but is not limited to, the use of this content, in whole or in part, or composite or distorted, in character or form, without restriction as to changes or alterations.
How We Handle Disputes
By accepting these Terms & Conditions, you explicitly agree that binding arbitration on an individual basis is the exclusive mechanism by which disputes and legal claims will be handled.
For any dispute, claim or controversy under $25,000 in value arising out of or relating to this agreement, or the breach thereof, Company may demand that any such dispute be resolved by arbitration administered by FairClaims (www.fairclaims.com) in accordance with its Arbitration Rules & Procedures effective at the time a claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
For any dispute, claim or controversy at least $25,000 in value arising out of or relating to this agreement, or the breach thereof, we may demand that any such dispute be resolved by arbitration before one (1) arbitrator, administered by either JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, or by the American Arbitration Association in accordance with its Commercial Arbitration Rules, whichever we choose.
Nothing in this Agreement shall prevent The Mobile Sophisticate from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect our interests and prevent immediate loss. We shall also be entitled to file in any court having jurisdiction any suit necessary to enforce a decision or award resulting from any arbitration or other proceeding.
In any dispute, YOU FURTHER AGREE THAT YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator or arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
All matters relating to these Terms & Conditions, events they are related to, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction).
Time to File a Claim
YOU EXPRESSLY AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE EVENTS THEY PERTAIN TO MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Use of Our Intellectual Property
Without our express written permission, you may not use, or permit the use of, any of The Mobile Sophisticate’s intellectual property, including, but not limited to, our trademarks, copyrighted materials, patents, trade secrets, and proprietary information. Trademarks shall include any word, name, symbol, color, designation or device or any combination thereof that functions as a source identifier of The Mobile Sophisticate LLC, Tech to Profit for the Non-Techie, or TTP, including any trademark, trade dress, service mark, trade name, logo, brand mark, brand name, design mark, business name, business mark, or domain name that belongs to us, whether or not any of these items are registered.
Liability Waiver & Release
IN CONSIDERATION OF BEING ALLOWED TO REGISTER FOR AND PARTICIPATE IN THE EVENT, YOU EXPLICITLY AGREE TO VOLUNTARILY ASSUME ALL RISKS AND DANGER INCIDENTAL TO THE EVENT FOR WHICH THE TICKET IS ISSUED, WHETHER OCCURRING BEFORE, DURING OR AFTER THE EVENT, AND YOU WAIVE ANY CLAIMS FOR INJURY TO PROPERTY, PERSONAL INJURY, OR DEATH AGAINST US, MANAGEMENT, FACILITIES, OTHER PARTICIPANTS, AND ALL OF OUR RESPECTIVE AFFILIATED ENTITIES, AGENTS, OFFICERS, DIRECTORS, OWNERS, AND EMPLOYEES ON BEHALF OF YOURSELF AND ANY ACCOMPANYING MINOR. YOU BEAR ALL RISKS OF INCLEMENT WEATHER. EVENT DATE AND TIME ARE SUBJECT TO CHANGE. ADDITIONALLY, YOU WARRANT AND REPRESENT THAT YOU ARE AGE 18 OR ABOVE AND EXPLICITLY AND FREELY WAIVE, RELEASE FROM LIABILITY AND COVENANT NO TO SUE TSP OR OUR RESPECTIVE AFFILIATED ENTITIES, AGENTS, OFFICERS, DIRECTORS, OWNERS, AND EMPLOYEES FOR ANY EXPENSE, LOSS, OR DAMAGES, INCLUDING LOSS OF LIFE, DISABILITY, PROPERTY DAMAGE, OR PROPERTY THEFT, OR ANY ACTIONS OF ANY KIND. YOU ACKNOWLEDGE AND ACCEPT THAT THIS LIABILITY WAIVER & RELEASE IS SPECIFICALLY BINDING UPON YOUR HEIRS AND ASSIGNS.
Neither The Mobile Sophisticate nor our assigns, employees, owners, agents, or other third-parties acting on its behalf will be liable or responsible to you, nor be deemed to have defaulted or breached these Terms & Conditions, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national, state, or local emergency, revolution, insurrection, epidemics, pandemics, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or inability or delays in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdowns, or power outages.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF THE SITE AND OUR SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. THE MOBILE SOPHISTICATE MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY TICKETS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN TERMS AND CONDITIONS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MOBILE SOPHISTICATE (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR EVENTS; OR (II) ANY USER CONTENT OR CONTENT OF THIRD PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THESE TERMS & CONDITIONS.
REGARDLESS OF THE PREVIOUS CLAUSES, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $500.