TERMS AND CONDITIONS FOR TLC IN-PERSON EVENTS

Article 1. Introduction

These terms and conditions set out the rules for the registration and purchase of tickets for Test & Learn Community events like Experimentation Island and the terms and conditions for attendance at the events organized by the Test & Learn Community.

Article 2. Definitions

For the purposes of these terms and conditions,

  • “TLC” refers to the Test & Learn Community, a 501(c)(3) organization, the organizer of Experimentation Island and other in-person TLC Events,

  • “Event” stands for any in-person event hosted by the TLC, and any activities related to or required for registering for or participation in Event(s),

  • “You” collectively refers to any legal entity or person, any legal entity’s or person’s agent, any legal entity’s or person's contractor, and any other entity or person on whose behalf a legal entity or person is authorized to act;

  • “Terms” refers to these terms and conditions for the Events which are entered into by and between TLC and You,

  • “Agreement” refers to the agreement between You and TLC relating to these Terms and your agreement to comply with them during Events,

  • “Pass” refers to any activities required to complete registration for the Events, including, but not limited to,

    • registering via a website or other authorized method,

    • accepting an invitation to Events,

    • participating in an Event,

    • attending Events,

    • consenting to a third party registering You for an Event,

  • “Authorized Third Parties” refers to third parties that TLC contracts with, hires, or otherwise authorizes to act on its behalf for activities and services related to hosting, coordinating, or otherwise delivering any part of the Event.

  • “Proof of Registration” refers to any method used for authenticating your Registration to gain access to the Event or a related activity or service (e.g., a ticket, a confirmation e-mail, a receipt, or a physical or electronic Event Registration pass),

  • “Content” refers to any services or materials, written, spoken, produced, recorded, or otherwise made for the Event by TLC, TLC’s related entities, and Authorized Third Parties, including all images, designs, photographs, writings, graphs, data, or otherwise,

  • “Speaker(s)” refers to any person or other legal entity authorized to present a session, workshop, exhibition, or any other production for the Event,

  • “Website” refers to the TLC website, the Event Registration website, or any other website or app used by TLC for the Event.


Article 3. Definitions

1. Deviations from these Terms shall only apply when you and TLC agree in writing. The applicability of any of your purchasing or other general terms and conditions is expressly rejected unless TLC agrees otherwise in writing. By purchasing a Pass or registering for an In-person Event You agree to comply with and be bound by these Terms and Conditions.

2. TLC has provided You with these Terms and Conditions before concluding the Agreement. The Terms and Conditions can be consulted via the Website.


Article 4. Conclusion of Agreement

3. By clicking the button “Checkout” or “Continue” or “Submit” on the Website You conclude an agreement with TLC for the purchase of a Pass. Therefore, it is necessary that you (i) fill in all necessary fields on the order form and provide your name, email address, and company name, and (ii) accept these Terms.

Please inform us of any special access requirements at the time of the purchase of your in-person event Pass.

4. By submitting registration details, You agree to allow TLC to contact You as required for the organization and administration of the In-person Event. If TLC cannot reach You and thus cannot verify the data entered by You on the order form, TLC may cancel the reservation.

Article 5. Number of Passes

5. TLC preserves the right to limit the number of Passes. You can buy or reserve for an In-person Event. The maximum number of Passes You can buy per In-person Event is determined by TLC per In-person Event and will be published on the Event page.

Article 6. Payment Pass and Registration Fee

6. The prices for a Pass are listed on the Website with and without local taxes, if applicable. Payment must be done in USD.

7. You must pay the registration fee prior to the start, and you agree to allow TLC to contact you as required to organize and administer the in-person event. If TLC cannot reach you and thus cannot verify the data entered by you in order to issue you a Pass, and you choose the ‘pay later’ option, you’ll be obliged to pay the invoice within fifteen(15) days of the invoice date for any In-person Event;

9. TLC has the right to cancel your Pass when You don’t meet the payment deadline.

Article 7. Transfer and Refund Policy

10. If You are unable to attend the In-person Event, You are allowed to transfer your Pass to a third party. You can transfer Your Pass to a third party by contacting us through the email address on the in-person event website or the TLC main website. TLC will not refund your Pass if You are unable to attend.

11. Please note that the Passes purchased are for your own personal use or that of your business only and may not be resold or transferred for commercial gain under any circumstances. Where there has been any resale or attempted resale of any Passes for commercial gain (or any other breach of this term), TLC reserves the right to cancel the relevant Passes with immediate effect and without refund.

12. You are allowed to cancel the purchase of a Pass within fourteen (14) days after purchase by contacting us through the email address on the in-person event website or the TLC main website. Passes purchased within thirty-five (35) days range from the In-person Event are non-refundable. Refunds are subject to a $100, (one hundred dollar) processing fee.

Article 8. Changes or Cancellations of the In-person Events

13. In the case of an unexpected incident or force majeure, TLC reserves the right to make changes to the date and time for all parts of the In-person Event. No refunds will be provided to You if the In-person Event is rescheduled.

14. In the case of an unexpected incident or force majeure, TLC reserves the right to cancel a part of the sold In-person tickets. A full refund will be provided to You if your ticket is canceled.

15. In the case of an unexpected incident or force majeure, TLC reserves the right to cancel the In-person Event. A full refund will be provided to You if the In-person event is canceled.

16. TLC reserves the right to make changes to the In-person Event if there is a justified reason to do so, for example, if an In-person Event speaker is prevented from participating. Please note that while In-person speakers and topics are confirmed at the time of publishing, circumstances beyond the control of TLC may necessitate substitutions, alterations or cancellations of the In-person Event speakers and/or topics. As such, TLC reserves the right to alter or modify the advertised In-person Event speakers and/or topics at any time without any liability to You whatsoever. No refunds will be provided to You if the In-Person Event is changed.

17. TLC is not responsible for any expenditure, loss, or damage of any kind incurred as a result of substitution, alteration, cancellation, or postponement of an In-person Event.

18. TLC maintains House Rules applicable to all attendees of an In-person Event, including You. These House Rules form an integral part of these Terms and Conditions. The House Rules can be accessed by clicking here: https://testandlearn.community/inpersoncoc. They are in addition to the standard TLC Code of Conduct that one agrees to when they join the TLC Slack Community, which can be reviewed here.

19. TLC preserves the right to refuse Your admission to the In-person Event for any behavior TLC deems unacceptable or if You breach the Code of Conduct or breach any of the Terms and Conditions.

Article 9. Age Limit

20. If You are under the age of 21, You are not allowed to visit the In-person Event venue before, during, or after an In-person Event unless permission is provided by TLC under the conditions set by TLC.

Article 10. Intellectual Property

21. The possession of a Pass or admission to an In-person Event does not grant you permission to use any intellectual property, including logo, website, trademark, or any other proprietary right of TLC or any third party, such as other guests or speakers at an In-person Event.

Article 11. Photography

22. An In-person Event may be filmed and recorded by audio, visual, audio-visual or electronic means or photographed (including footage or photographs of individuals or groups of attendees), and You must inform the photographer(s) at the In-person Event if You do not wish to be included in any individual or group footage or photographs.

23. TLC, and any third party licensed by TLC, is permitted to use and distribute footage and photographs from an In-person Event, which may feature images of You, in any media (including social media) whether now known or hereafter to be invented throughout the world in perpetuity for the purposes of advertising, publicity, reporting and otherwise in relation to the exploitation of such recordings and photographs.

24. Notwithstanding any clause to the contrary, You shall not have any claim to compensation or benefits or any claim, including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of their name, image, picture, voice, or likeness in connection with such footage or photographs.

25. Without the express prior written permission of TLC, You may not bring any audio or video recording devices (except for personal cell phones) into the In-person Event.

Article 12. Event badge and app

26. For security reasons and to allow access to the In-person Event, You must wear your In-person Event badge throughout the In-person Event. If your In-person Event badge is lost, You will not be able to access the In-person Event anymore.

27. By creating an In-person Event app profile Your profile, consisting of your name, email address, job description, and company name, could be visible and detectable in the In-person Event application and on the Website.

Article 13. Attendance at an In-person Event and Liability

28. You are responsible for arranging an appropriate insurance cover in connection with your attendance at an In-person Event.

29. TLC is solely liable to You for direct damages caused by the willful misconduct or gross negligence on its part. TLC’s overall liability never exceeds the total amount of the purchase price of the Pass for the In-person Event.

Article 14. Privacy

,30. TLC treats all personal data You provide in accordance with the applicable privacy laws and regulations. For more information regarding the use and security of personal data, see our Privacy policy: https://testandlearn.community/privacy

Article 15. General

31. If any provision of these Terms and Conditions is null and void, the other provisions of these Terms and Conditions will remain in full effect.

32. Changes to the Terms and Conditions become effective thirty (30) days after they are announced on the Website.

Article 16. Governing Law & Disputes

33. The Agreements between You and TLC, these Terms and Conditions, and the Code of Conduct are exclusively governed by the law of Missouri.

34. Any dispute arising from the Agreement, these Terms and Conditions, or the Code of Conduct will be governed by court 

Article 18. No Warranty; Waiver of Liability; Indemnification; Class Action Waiver; and Unforeseen Circumstances

Section 18.1. No Warranty

The goods and services ordered through or provided by TLC are provided to You “as is.” TLC gives no express warranties, guarantees, or conditions. TLC excludes implied warranties of merchantability, fitness for a particular purpose, and noninfringement to the extent permitted by law.

Section 18.2. General Assumption of Risk and Release of Claims

You acknowledge and agree that Your Registration and/or participation in the Event or any related activities is completely voluntary, and You understand the nature of the Event.

To the maximum extent permitted under applicable law, You accept and assume all risks of any and all personal injury or damage to Your personal property that You may face while participating in the Event. You hereby release TLC and its affiliates, and their respective officers, directors, employees, contractors, representatives, agents, licensors, successors, and assigns from, and waive, any and all claims, demands, causes of action, suits, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs) that you may have now or in the future, whether known or unknown, foreseen or unforeseen, associated in any way with the Event.

Section 18.3. Waiver of Liability

TLC and its affiliates, and their respective officers, directors, employees, contractors, representatives, agents, licensors, successors, and assigns will not be liable to You under any cause of action or theory of liability (whether in contract, tort (including negligence), or otherwise), even if a party has been advised of the possibility of such damages, for:

indirect, incidental, special, consequential, or exemplary damages; or

lost profits, revenues, customers, opportunities, or goodwill.

Section 18.4. Class Action Waiver.

You hereby agree that any and all disputes must be brought on an individual basis only. By agreeing to these terms, you hereby waive any right to litigate any claims as a class action or representative action against TLC, TLC’s related entities, or TLC’s affiliates.

Section 18.5. Force Majeure: in case of Unforeseen Circumstances

Where the Event and its related services and activities are unavailable for any reason beyond the reasonable control of TLC, TLC shall have no liability (whether direct or indirect) to You. We are not liable if the Event is, in whole or in part, canceled, rescheduled, or postponed, or for any failure or delay to perform TLC’s obligations under these Terms, if such event results from anything beyond TLC’s reasonable control, including but not limited to:

  1. Power or server outages or electronic or communications failures,

  2. Update or maintenance periods,

  3. Acts of God, flood, drought, earthquake, or other natural disaster,

  4. Disease, epidemic, or pandemic,

  5. Terrorist attacks, civil war, civil commotion or riots, war, threat of preparation for war, armed conflict, imposition of sanctions, embargo, insurrection, or breaking off of diplomatic relations,

  6. Nuclear, chemical, or biological contamination,

  7. Sonic boom,

  8. Any law or any action taken by a government or public authority,

  9. Collapse of buildings, fire, explosion, or accident,

  10. Any labor or trade dispute, strikes, industrial actions, or lockouts,

  11. Non-performance by suppliers or subcontractors,

  12. Interruption or failure of utility service,

  13. Anything else that renders the performance of the Event, in whole or in part, impracticable, illegal, or otherwise impossible

Article 19. Termination and Right of TLC to Modify these Terms

These Terms are effective from the moment You carry out any activity required for Registration or participation in the Event until terminated by TLC. You agree that TLC may terminate these Terms at TLC’s sole discretion at any time without prior notice. In the event of termination, You are no longer authorized to attend the Event. You agree that TLC is not liable to You or any third party for any termination of Your access to the Event and its related activities unless otherwise required by law or stated within these Terms.

The following sections or clauses survive any termination of these Terms:

  • the Intellectual Property Policy, the Privacy Policy, any section or clause relating to or referring to rights, responsibilities, and/or obligations to third parties,

  • any section or clause relating or referring to indemnification, any waiver of liability, any waiver of a class action, a general release of claims, arbitration, choice of laws, governing laws, and a general assumption of risk.

TLC may modify these Terms at any time by posting a revised version on the Event website. The modified Terms will become effective upon posting. TLC has no obligation to notify You directly of changes to these Terms. By attending the Event or accessing related activities or services after TLC has posted modifications to these Terms, You expressly agree to be bound by the modified Terms. It is Your responsibility to check the Event website regularly for modifications to these Terms.

Article 20. Entirety of Terms; Consent, Signature, and Agreement; Section Titles; and Exclusive Method of Dispute Resolution

Section 20.1. Terms Constitute Entire Agreement between You and TLC

These terms constitute the entire agreement between TLC and You with respect to the Event, and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and TLC with respect to in-person Events. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If, for any reason, a court of competent jurisdiction finds any provision of these Terms or a portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of the Terms shall continue in full force and effect. No waiver by either party of any clause, breach, or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Section 20.2. Consent; Agreement by Digital Signature

You agree to be bound by any affirmation, assent, or agreement. You transmit through this website or any other Event-associated online platform, including, but not limited to, any consent. You give to receive communications from TLC solely through electronic transmission. You agree that when in the future you click on “I agree,” “I consent,” “I have read and accept,” or other similarly worded “button,” entry field, or checkbox with Your mouse, keystroke, or other computer device, Your agreement or consent is legally binding and enforceable and the legal equivalent of Your handwritten signature.

Section 20.3. Section Titles are for the Convenience of the Parties

The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. Notices to You may be made via either e-mail or regular mail.

Section 20.4. Exclusive Method of Dispute Resolution

Subsection 1. Choice of Law.

These terms and all matters and disputes arising out of or relating to these Terms, whether in contract, tort, by statute, or otherwise, are governed by, and construed in accordance with, the laws of the State of Missouri, United States, without giving effect to the conflict of law provisions, except for provisions relating to arbitration, which shall be governed by and construed in accordance with the Federal Arbitration Act. The parties agree to submit to the exclusive jurisdiction of the courts in Greene County, Missouri, United States, or the U.S. District Court for the Southern District of Missouri.

Subsection 2. Mandatory Arbitration.

Any controversy or claim arising out of or relating to these terms shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and the Federal Arbitration Act, and judgment on the award rendered by the arbitrator(s) may be entered in any court in Greene County, Missouri, United States, or the U.S. District Court for the Southern District of Missouri.

Article 21. Credit

This Code of Conduct was adopted with permission from Help je Klant Holding BV Code of Conduct under a Creative Commons Attribution 4.0 License (https://creativecommons.org/version4/).

Date: July 19, 2024