Terms and Conditions
Farouk Systems, Inc. Education Summit-Cancun, Mexico
By checking the box below, you (“you” or “your”) acknowledge your receipt and agreement to the Terms and Conditions set forth below, which govern the Farouk Systems, Inc. Education Summit-Cancun, Mexico (the “Program”) offered by Farouk Systems, Inc. (“Company”). You and Company are referred to throughout the Terms and Conditions individually as “party” and collectively as “the parties”. You and Company agree as follows:
1. Application for the Program
You may apply to attend the Program by completing the online Application located at www.Farouk.com/cancun-conference-terms-conditions. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Program application form, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any registration or other information that is untrue, inaccurate, not current or incomplete, or if Company, in its sole discretion, suspects that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend, terminate, or refuse or terminate your application and will refund to you all amounts paid by you. Upon Company’s request, you agree to sign a non–electronic version of these Terms and Conditions. The application you sign, along with these Terms and Conditions, form a binding contract between you and Company.
2. How the Program Operates
Information related to the Program and about the structure and operation of the Program, may be set forth in your application, these Terms and Conditions, on the website www.Farouk.com/cancun-conference-terms-conditions, or on such other written or electronic information Company may provide to you from time to time. All such materials are incorporated in their entirety into these Terms and Conditions.
3. Modifications and Termination of Program
Company reserves the right to modify any of these Terms and Conditions including the qualified purchases, the amount of the points, and any of the options available to you at any time, upon reasonable notice to you. Your application and participation in the Program constitutes your acceptance of any changes to these Terms and Conditions. You are responsible for remaining knowledgeable of any changes that Company makes to these Terms and Conditions. The most current version of these Terms and Conditions will be available at www.Farouk.com and will supersede all previous versions of these Terms and Conditions. Company reserves the right to terminate the Program at any time, for any reason, with or without notice.
4. Your Conduct
4.1 You agree at all times during your participation in the Program to conduct yourself in a professional manner and not to do or say anything that may disparage or cast Company in a negative light.
4.2 You agree not to intentionally or unintentionally violate any applicable local, state, national or international statutes, regulations, regulatory guidelines and judicial or administrative interpretations in connection with your use of the Program.
4.3 Company may end your participation in the Program if you engage in any fraudulent or illegal activity or use the Program in a manner inconsistent with these Terms and Conditions or any federal, state or local laws, statutes, regulations, or ordinances.
5. Class Action Waiver; Mandatory Arbitration
The Federal Arbitration Act shall govern the interpretation, enforcement, and all proceedings relating in any way to the Program as between Company and you. You consent to the resolution by final, binding arbitration of all claims, disputes, controversies, cases, or other actions (“claims”), past, present or future, that you may have against Company and its parent, subsidiary, employees, agents, attorneys, officers, and affiliated entities and all successors and assigns of any of them, arising out of or in any way related to your enrollment or participation in, or transactions involving, the Program. You agree that all claims against Company must be brought in your individual capacity. There will be no right or authority for any claim to be brought, heard, or arbitrated as a class action, collective action or as a representative proceeding against Company, and the arbitrator may not consolidate more than one person’s claims (“Class Action Waiver”). Regardless of anything else in the these Terms and Conditions or any rules or procedures that might otherwise be applicable by virtue of the Terms and Conditions or by virtue of any arbitration organization rules or procedures that now or hereafter apply, the interpretation, applicability, enforceability or formation of this Class Action Waiver, including, but not limited to any claim that all or part of this Class Action Waiver is void or voidable, may be determined only by the United States District Court for the Eastern District of Texas or the state courts in Harris County, Texas, and not by an arbitrator. Notwithstanding any other clause contained in the Terms and Conditions, this clause entitled Class Action Waiver shall not be severable from the Program in any case in which the dispute to be arbitrated is brought as a class or collective action or a representative proceeding.
6. LIMITATIONS OF LIABILITY
6.1 YOUR ASSUME ALL RISK ASSOCIATED WITH YOUR PARTICIPATION IN THE PROGRAM, INCLUDING ALL TRAVEL, LODGING, AND ACTIVITIES IN WHICH YOU ENGAGE WHILE AT THE LOCATION OF THE PROGRAM. YOU ACKNOWLEDGE HAVING BEEN INFORMED OF THE KNOWN POSSIBLE EFFECTS OF YOUR PARTICIPATION IN THE PROGRAM AND YOUR PARTICIPATION IN ACTIVITIES WHILE AT THE LOCATION OF THE PROGRAM, INCLUDING THOSE ACTIVITIES IN WHICH YOU PARTICIPATE THAT ARE NOT SPONSORED BY COMPANY, WHICH MAY INCLUDE IMMEDIATE OR FUTURE SIGNIFICANT PERSONAL INJURY TO YOU, MONETARY LOSS, OR LOSS OF OR DAMAGE TO YOUR PERSONAL PROPERTY. BY AGREEING TO PARTICIPATE IN THE PROGRAM OR ANY AND ALL ACTIVITIES WHILE AT THE LOCATION OF THE PROGRAM AND SIGNING BELOW, YOU KNOWINGLY AND WITHOUT COERCION ASSUME ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN, AND ASSUME FULL RESPONSIBILITY FOR YOUR PARTICIPATION. YOU WILL NOTIFY FAROUK BEFORE PARTICIPATING IN THE PROGRAM OF ANY MEDICAL OR OTHER CONDITION WHICH MAY, IN ANY WAY, CAUSE INJURY TO OTHERS OR WOULD REQUIRE MEDICAL ATTENTION.
6.2 YOU HEREBY DISCHARGE AND RELEASE COMPANY AND ITS PARTNERS, PARENTS, SUBSIDIARIES, EMPLOYEES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, AND AFFILIATED ENTITIES AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THEM (“RELEASEES”) FOR ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND LIABILITIES, WHETHER KNOWN OR UNKNOWN, THAT YOU OR YOUR HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS HAS, MAY HAVE, OR CLAIMS TO HAVE ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR PARTICIPATION IN THE PROGRAM AND ACTIVITIES IN WHICH YOU ENGAGE WHILE AT THE LOCATION OF THE PROGRAM. THIS RELEASE INCLUDES BUT IS NOT LIMITED TO CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE WHICH IS THE RESULT OF FAROUK’S NEGLIGENCE, GROSS NEGLIGENCE, MISCONDUCT, PRODUCT LIABILITY OR STRICT LIABILITY WHETHER OR NOT FAROUK’S NEGLIGENCE, GROSS NEGLIGENCE, MISCONDUCT, PRODUCT LIABILITY OR STRICT LIABILITY OCCURS IN THE FUTURE.
6.3 YOU SHALL INDEMNIFY, DEFEND, AND HOLD EACH OF THE RELEASEES HARMLESS AGAINST ANY AND ALL LOSSES, DAMAGES, CAUSES OF ACTION, CLAIMS, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPERT FEES, RESULTING FROM ANY BREACH BY YOU OF THESE TERMS AND CONDITIONS OR ANY ACT OR OMISSION OF YOURS.
6.4 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.5 THE PROGRAM AND ANY ACTIVITY, PRODUCT, OR SERVICE OBTAINED OR ACCESSED THROUGH IT ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, ATTORNEYS, SUBSIDIARIES, PARTNERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION AS IT RELATES TO THE PROGRAM. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you and may not apply to certain products.
7. General Terms and Conditions
7.1 Your application information will not be sold or rented to any company outside of Company and its subsidiary or affiliated companies.
7.2 These Terms and Conditions constitute the entire agreement between Company and you. They supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written related to the subject matter herein. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, nor shall a waiver constitute a continuing waiver unless otherwise expressly provided.
7.3 If any provision of these Terms and Conditions is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
7.4 If your application or participation in the Program is subject to income or other taxes, you are solely responsible for payment of such taxes.
7.5 Except as otherwise provided, the Program is only open to individual participants and not corporations or businesses.
7.6 Notices to you may be made via either email or regular mail to any address in your application or other information that you have provided to Company in connection with the Program. You also may be notified of changes to these Terms and Conditions or other matters on www.Farouk.com/cancun-conference-terms-conditions.
7.7 You represent to Company that you are of sufficient legal age to use the Program and to create binding legal obligations for any liability you may incur as a result of your use of the Program.
7.8 In the event any dispute between the parties is not decided by binding arbitration as set forth in Section 5 of these Terms and Conditions, the following shall apply: (1) such dispute shall be governed by, and shall be construed in accordance with, the laws of the State of Texas, United States of America, excluding (a) conflicts of laws rules, and (b) the United Nations’ Convention on Contracts for the International Sale of Goods, (2) the parties shall endeavor to resolve amicably any and all such disputes arising under or in connection with these Terms and Conditions, including but not limited to their interpretation, validity, and the performance hereunder, (3) any dispute between the parties relating to the validity, performance, interpretation or construction of these Terms and Conditions that cannot be resolved amicably between the parties shall be submitted to the exclusive jurisdiction of the state or federal courts located in Harris County, Texas, and (4) each party to this Agreement irrevocably submits to the personal jurisdiction of the courts in Texas for the resolution of all such disputes and agrees that venue shall be proper in Harris County, Texas.
7.9 The parties are independent contractors. Neither your involvement in the Program, nor these Terms and Conditions operate to create any agency, employment, partnership, joint venture, franchise or other similar or special relationship between the parties, and nothing contained in these Terms and Conditions shall be construed to make either party an agent, partner, representative or principal of the other for any purpose. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party, whether express or implied, or to bind the other party in any respect whatsoever.
7.10 Neither party shall be liable to the other party for any delay or omission in the performance of any obligation under these Terms and Conditions, other than the obligation to pay monies, where the delay or omission is due to any cause or condition beyond the reasonable control of the party obliged to perform, including, but not limited to, strikes or other labor difficulties, acts of God, severe weather events, acts of government, including with respect to the refusal to issue necessary import or export licenses, war, riots, embargoes, or inability to obtain supplies (“Force Majeure”). If Force Majeure prevents or delays the performance by a party of any obligation under these Terms and Conditions, then the party claiming Force Majeure shall promptly notify the other party thereof in writing.
7.11 The waiver by either party of a breach, default, or right in any of the provisions of these Terms and Conditions by the other party shall not be construed as a waiver of any succeeding breach, default, or right of the same or other provisions.
7.12 The headings and captions contained in this Agreement are for reference purposes only and are not intended to affect the meaning or interpretation of this Agreement.
7.13 Attendees and participants at the Program must be at least eighteen (18) years old.
7.14 No changes will be made after Company has received your registration form, including changes to dates, roommate choice or rooming preference. You will be responsible for any charges incurred upon cancellation of your room. Company will not refund any part of you registration fee or expenses. Company cannot guarantee to accommodate your request for a roommate.