HZTL DX+ Event Attendee Agreement

We are delighted that you are interested in attending the upcoming HZTL DX+ Event (the “Event”)! This is the legal agreement between you and, Horizontal Integration, Inc. (also referred to herein as, “Horizontal,” “us” or “we”), the organizer of the Event. The following HZTL DX+ Event Attendee Agreement (“Agreement”) is made by and between you and any party you are registering for attendance and participation in the Event (collectively referred to as “you”) and Horizontal, and governs your registration, attendance, participation, enrollment or application for involvement in the Event, including the possession and use of any entry credentials, such as badges, tickets and passes (“Credentials”). By registering for the Event, you agree to this Agreement on behalf of yourself, your company or employer, as well as on behalf of any other person for whom you are registering.

Conduct

Horizontal encourages all attendees to create a welcoming and respectful environment at the Event. Harassing, unethical, disrespectful, or similar behavior, messages, images, or interactions in any form, at any aspect of the program, including business and social activities, are not tolerated. Horizontal reserves the right, in its sole discretion, to at any time deny participation to anyone, and require any person to immediately leave the premises of the Event, who violates this Agreement or engages in harassing, unethical, disrespectful, or similar behavior, or for any other reason deemed appropriate by Horizontal, with no refund or reimbursement. Harassing behavior includes but is not limited to offensive verbal comments related to gender, sexual orientation, disability, physical appearance, body size, race, religion, sexual images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. Additionally, all attendees are required to follow the code of conduct provided by the venue, Mall of America and Paisley Park. You are personally liable for any damage caused by you.

Registration and Fees

You represent that you and attendee are 21 years of age or older and understand that this is a requirement to attend any program or activity at the Event. You acknowledge that registration for the Event is non-assignable and non-transferable unless otherwise described herein. Horizontal reserves the right to deny registration to any attendee with or without cause.

Changes or Cancellation by Horizontal

The date and time of the Event and the Event program schedule are subject to change at any time with or without prior notice, and Horizontal cannot guarantee the attendance of any exhibitor or speaker, or that any scheduled event will take place. Horizontal will not be held liable, and no refund or reimbursement will be made, in the event of any cancellation or modification of times, dates, and/or events of the Event as a result of an event or occurrence that is beyond Horizontal's reasonable control. Horizontal is not responsible for any third party costs, such as hotel or transportation, under any circumstances even if Horizontal cancels the Event.

All cancellation requests must be submitted in writing to the HZTL DX+ support desk. For a full refund of the event registration fees, cancellation notices must be received by 11:59pm (CST) on Friday September 15th 2023. Cancellation notices received between 12:00am CST on Saturday September 16th 2023, and 11:59pm CST on Friday September 22nd 2023 will be processed at 50% of the Event registration fees. No refunds will be processed for cancellation notices received after 12:00am CST on Saturday September 23rd 2023. Substitution requests will be processed free of charge if submitted in writing to the HZTL DX+ support desk by 11:59pm CST on Friday September 22nd 2023. Substitution requests after this date are subject to a USD $100 transaction fee.

Personal Data Collection

By registering for and attending the Event, you understand that you will be providing personal data to Horizontal. You confirm that you have read and agree to the terms of the Horizontal Privacy Policy, which explains how Horizontal collects, processes, and shares personal data, including sharing relevant information with trusted partners and sponsors of the Event. You hereby consent to your, and if registering for another individual, you represent that you have the authority to and hereby consent on their behalf to attendee’s, personal data being used to optimize your’s experience with the Horizontal brand, which may include the sharing and transfer of attendee’s personal data across borders globally. You can unsubscribe from Horizontal promotional email communications at any time.

Recordings

You hereby grant to Horizontal and its agents the right to record, film, live stream, photograph, or capture your image, likeness, voice, identifying characteristics, or content provided by you, at the Event in any media now available or hereafter developed. You hereby consent to the distribution, broadcasting, use, other global dissemination, or sublicense to third parties of such media for any purpose, including but not limited to commercial purposes, without any further approval or payment. Horizontal exclusively owns all right, title, and interest (including intellectual property rights) in and to the recordings and images. You hereby waive any right to inspect or approve the use of any recordings or images and agree that Horizontal has no obligation to use any recordings or images. Horizontal, Event sponsors, and the Event organizer may use analytics technology that may record your attendance at events during the Event. You shall not record or publish sessions of the Event.

Others’ Intellectual Property

All intellectual property rights in and to the Event, including Event materials distributed at or in connection with the Event are owned by Horizontal, or are owned by third parties who have granted Horizontal the appropriate licenses to use, reproduce, display or distribute such materials. Horizontal grants you the right to use one single copy of the Event materials for your individual use. You shall not copy any Event content or in any materials distributed at or in connection with the Event for any reason without the prior express written permission of the appropriate owner of the particular materials. Speakers or panelists own the intellectual property rights in and to such person or company’s presented or distributed materials, including statements, responses provided during question and answer sessions, PowerPoints or documents (“Presentation Materials”). No further rights are granted to you to reproduce, edit, display or distribute such Presentation Materials to any other third party. You may contact the appropriate author or owner of such material to seek further permissions.

Event Credentials

Horizontal encourages all attendees to create a welcoming and respectful environment at the Event. Harassing, unethical, disrespectful, or similar behavior, messages, images, or interactions in any form, at any aspect of the program, including business and social activities, are not tolerated. Horizontal reserves the right, in its sole discretion, to at any time deny participation to anyone, and require any person to immediately leave the premises of the Event, who violates this Agreement or engages in harassing, unethical, disrespectful, or similar behavior, or for any other reason deemed appropriate by Horizontal, with no refund or reimbursement. Harassing behavior includes but is not limited to offensive verbal comments related to gender, sexual orientation, disability, physical appearance, body size, race, religion, sexual images in public spaces, deliberate intimidation, stalking, following, harassing photography or recording, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. Additionally, all attendees are required to follow the code of conduct provided by the venue, Mall of America and Paisley Park. You are personally liable for any damage caused by you.

Assumption of Risk

Your attendance at or participation in the Event is completely voluntary. You agree to release, defend, indemnify, and hold harmless Horizontal and its affiliates, employees, vendors, agents, representatives, and contractors from any and all alleged and/or actual liability, claims, lawsuits, damages, or losses of any kind, including but not limited to costs and attorneys’ fees, that arise out of or result from your attendance and participation in the Event or breach of this Agreement. You accept and assume all risks of any personal injury or damage to your personal property that you may face while attending the Event, and hereby waive any claims you may have against Horizontal or its affiliates relating to such risks.

Assumption of Risk; Food Allergens

You acknowledge that food prepared at this Event may contain or come into contact with common allergens. Horizontal cannot guarantee that any products served are safe to consume for people with allergies or other dietary restrictions. By attending this Event and consuming food prepared at or for the Event, you voluntarily assume the risk of any harm that may result from the consumption of food containing allergens. Horizontal, the Event venue, and the Event management company shall not be liable for any harm resulting from the consumption of food containing allergens.

Limitation of Liability

The maximum aggregate liability of Horizontal for all claims, damages, losses, and causes of action in connection with this Agreement or the Event, whether in contract, tort (including negligence), or otherwise, will be limited to the amount paid by the attendee as registration fees for the Event. In no event will Horizontal be liable for any special, punitive, indirect, incidental, or consequential damages in connection with this Agreement or the Event. Except as may be expressly set forth in this agreement, your participation and attendance at the event, and all services and products provided in connection with the event, are provided “as is” without any warranty of any kind, and no other warranties, whether express, implied, or otherwise, are made with respect to the same, including any implied warranties of merchantability, fitness for a particular purpose or safety, or any warranties that may arise from course of dealing. We expressly disclaim any warranties not expressly stated herein.

Authority

If you are registering on behalf of another individual for the event, you represent that you are a co-worker of the attendee, you have authority from that person to register them for the event, and you represent, warrant, and agree on behalf of yourself and your employer company that you have the authority to bind attendee to this agreement. You and your employer company will indemnify horizontal for any breach of this agreement, claim, or lack of authority.

Promotional Products

Horizontal or its sponsors may, but are not obligated to, sponsor a sweepstakes or give away promotional items such as clothing and branded merchandise to Event attendees, in Horizontal's or its sponsor's sole discretion. You are not entitled to such sweepstakes prize or promotional products, and any related requests you may make do not guarantee that you will receive such products.

COVID-19 Disclaimer

You recognize that COVID-19 is a worldwide pandemic, and you voluntarily assume the risk of exposure to or infection by COVID-19 by participating in the Event. You shall comply with all COVID-19 precautions required at the Event, which may include but are not limited to social distancing and wearing a mask. You hereby release Horizontal and its representatives from any and all risk associated with your participation in the Event and assume all risk for your attendance and participation. If the Event is cancelled or postponed, Horizontal will provide a credit in the amount of your registration fees to a future Horizontal event within 12 months.

General

Horizontal may modify this agreement at any time by posting a revised version on the event website. Any amendments to this agreement will become effective upon horizontal posting the modified agreement on the event website and by your subsequent attendance at the event. It is your responsibility to check the event website regularly for modifications to this agreement. This agreement, as may be amended from time to time, is the entire agreement between you and horizontal regarding the subject matter herein and supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and horizontal. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. This agreement shall be interpreted in accordance with the laws of the state of Minnesota, USA without regard to conflicts of law principles and regardless of your location. You and horizontal shall institute any legal suit, action, or proceeding arising out of or relating to this agreement in the federal or state courts in each case located in Minneapolis, Minnesota. You and horizontal each hereby irrevocably and unconditionally: (a) consent and submit to the exclusive jurisdiction of the aforementioned courts; and (b) waive any objection to that choice of forum based on venue or to the effect that the forum is not convenient; (c) waive any right to trial by jury; and (d) waive personal service of any summons, complaint, or other process, which may be made by any other means permitted by Minnesota law.

If you have any questions, please email hztldxplus@horizontal.com .