HYPACK 2023 Hydrographic Training Event Terms and Conditions

Thank you for registering for the HYPACK 2023 Hydrographic Training Event (the “Event”). The following Event Terms and Conditions (“Terms and Conditions” or “Terms”) apply to you and your participation in the Event. Your Event registration may include in-person programming (training sessions, opening reception, and exhibition). “Attendee” for purposes of these Terms will include all participants at the Event, including exhibitors, sponsors, speakers, press, partners and individual attendees. Please carefully review these terms as your attendance constitutes your acceptance of such Terms. Xylem Incorporated’s privacy policy is incorporated herein by reference and can be accessed at https://www.xylem.com/en-us/support/privacy/

This Event is organized by HYPACK, a Xylem Brand (“HYPACK”), which reserves the right, in its sole discretion, to limit or deny access to any entity or individual. To be eligible to participate, whether in person or virtually, you must be 21 years old or older.

1. Payment terms. Submission of a registration online, by phone or email, constitutes an official registration and intent to attend the Event. Invoices are payable upon receipt, and full payment must be received in order to gain entry to the Event. Please note that payments must be charged to Visa, MasterCard, American Express or Discover, or paid by check. Purchase orders and cash are not accepted.

   You agree that, in the unlikely event that HYPACK cannot resolve a payment issue and you dispute the credit card charge, your electronic statement may be used as evidence that said charge is valid and just. If there are any issues with your credit card charge, please contact training@hypack.com or call (860) 635-1500 Monday-Friday 9:00AM – 5:00PM Eastern Time.

2. Registration confirmation. Registration confirmations are auto-generated and sent to the email address provided during the registration process. If you did not receive your confirmation, please contact training@hypack.com or call (860) 635-1500 Monday-Friday 9:00AM – 5:00PM Eastern Time.
   
3. Cancellation and refund policy. If circumstances change and you can no longer attend this Event, you may cancel your registration by written notice to training@hypack.com or call (860) 635-1500 Monday-Friday 9:00 AM – 5:00 PM Eastern Time.

   Registrations will be refunded if you notify HYPACK of your cancellation in writing on or before midnight Eastern Time, Wednesday, November 18th, 2022. A $100 fee may apply to any such cancellation.

   There will be no refunds given for any individual cancellations received after November 18th, 2022. This deadline will be strictly enforced and will not be excused, regardless of whether a result of illness, or due to events beyond the parties’ reasonable control, such as travel problems, natural disaster or weather emergency, civil unrest, pandemic or government response thereto, epidemic, public health emergency (declared or undeclared), or an act of terrorism.

   Event refunds approved by HYPACK will be issued within 10 business days if payment was made by credit card. Refunds for registrations paid by other banking methods will be issued within 60 days.

   PLEASE REMEMBER THAT CANCELLING YOUR EVENT REGISTRATION DOES NOT AUTOMATICALLY CANCEL YOUR HOTEL AND TRAVEL ARRANGEMENTS. ATTENDEES ARE RESPONSIBLE FOR CANCELLING THEIR OWN HOTEL AND TRAVEL RESERVATIONS.

4. Substitution policy. Substitution of registrations may be made at any time up to the Event start date and, in certain cases, on-site. Please provide written notice of attendee substitutions to training@hypack.com or call (860) 635-1500 Monday-Friday 9:00 AM – 5:00 PM Eastern Time.
5. Event cancellation or modification. HYPACK reserves the right to cancel, alter, or reschedule the Event for any reason, including because HYPACK determines in its sole discretion that the Event cannot be held as planned. HYPACK also reserves the right to close registration when tickets are sold out. For these reasons, registrants are advised against making non-refundable travel arrangements. Should you purchase non-refundable airline tickets or make non-refundable hotel reservations, you do so at your own risk.

   Should HYPACK alter the Event agenda for any reason, Event fees will NOT be refunded.

   Should HYPACK cancel or reschedule the Event for any reason, no Event fees will be refunded.

   HYPACK will make every effort to reschedule the Event for a future date during 2023. In this case, Event fees will be credited towards the rescheduled Event dates.

   If HYPACK determines the HYPACK 2023 Event cannot be rescheduled during 2023 and must be cancelled, no Event fees will be refunded.

6. Communications and Contact Information. For the purposes of these Terms, the term “Contact Information” means Attendees’ names, company names, job titles, address, email address and phone. Except as described herein, HYPACK does not share your Contact Information with exhibitors and/or sponsors prior to, during or after the Event if you have opted out of the communications from exhibitors and/or sponsors. The sections below outline when and how HYPACK may share the information described; if you want to adjust your consent and/or opt-out preferences, you may do so at any time (subject to the limitations around digital content access described below) by emailing training@hypack.com. Additionally, if you receive an unauthorized email from an exhibitor, sponsor, or Attendee, please contact the exhibitor, sponsor or Attendee directly to remove your name from its distribution list. You may also notify HYPACK at training@hypack.com.
7. Communications from HYPACK. By completing the registration process and acknowledging these Terms and Conditions, you are providing your consent to receive emails and other mailings from HYPACK related to the Event in order to facilitate your participation, and to future emails or mailings about HYPACK products, trainings, or events.
8. Health and Safety. In light of ongoing concerns regarding COVID-19, HYPACK will adhere to local health and safety protocols appropriate to the public health circumstances existing at the time of the Event, and as required by the Event venue, Bluegreen Resorts, Florida.

   Accordingly, you agree that you will not attend the Event if within fourteen (14) days preceding the Event, you have:

   1. Tested positive or presumptively positive for COVID-19 or other communicable disease or been identified as a potential carrier of COVID-19 or other communicable disease; or
   2. Experienced any symptoms commonly associated with COVID or other communicable disease; or
   3. Traveled to a country that is subject to a U.S. State Department Level 4 “Do Not Travel” health advisory or a CDC Level 3 Travel Health Notice (each, a “Prohibited Country”); or
   4. Been in direct contact with or the immediate vicinity of (collectively, the “Encounter”) any person who is either confirmed or suspected of being infected with COVID-19 or other communicable disease or who has travelled to a Prohibited Country within the last fourteen (14) days preceding the Encounter.

   Further, you understand and agree that HYPACK may share any COVID-related information about you that HYPACK receives as part of such health and safety protocols with public health authorities or other regulatory agencies, as required under applicable laws.

9. Use of multimedia. By attending the Event, you acknowledge and agree that HYPACK, or others acting on its behalf or through sponsorship or exhibitor contracts, may take photographs and video (by any means) and/or make sound recordings during the Event (including social media), and that you may appear in such photographs and videos and be heard in such sound recordings, and that HYPACK may edit and use the footage it captures at the in-person Event for marketing and promotional activities (including through social media) now and in the future, and for any other lawful purpose in the ordinary course of its business.

   You are prohibited from photographing, video recording, and sound recording of any part of any in-person or Event sessions or content (including through recording on social media feeds) unless you have obtained written permission in advance from HYPACK. For online programs, HYPACK prohibits the use of screen shots and/or any other technology that can be used to capture proprietary content and images from the Event.

   Due to the prevalence of mobile devices in today’s world, HYPACK disclaims all liability for the capture of your image, voice or likeness by Attendees (who are not under employment by HYPACK) in any multimedia format at the Event.

10. Code of conduct. You agree not to copy or permit to be copied, in any form or format, without the express written permission of HYPACK, any of the contents of the Event attendee roster.

    No solicitation is permitted except by exhibitors within the confinement of their booths. HYPACK reserves the right to escort any individual from the Event who is reported to be soliciting and who is not a HYPACK exhibitor.

    Attendees are expected to behave responsibly and to treat each other and the community with respect, kindness and compassion. Failure to behave in such a manner, as determined in HYPACK’s sole discretion, may result in removal from the in-person and/or electronic Event and deactivation and/or revocation of credentials, without refund.

    The Event is a private event, and weapons are strictly prohibited. Attendees are forbidden from carrying weapons of any kind, including concealed or displayed firearms or knives, onto the premises of the Event. HYPACK reserves the right, in its sole discretion, without refund, to deactivate and/or revoke the credentials of Attendees who violate this policy. By signing below, you agree to comply with this policy, regardless of any signage located on the premises of the Event.

    For security reasons, badge swapping or sharing of access credentials is not permitted. Anyone found wearing a badge that does not match that person’s identification or using another person’s access credentials for the in-person event will be evicted from the Event without a refund, and that person’s registration will be canceled. Additionally, anyone sharing their access information or login credentials in connection with any component of the HYPACK digital content will be restricted from future access to the event, and that person’s registration will be cancelled.

    An Event badge allows an Attendee entry to the overall Event, but cannot guarantee admission to every session, lounge, or meeting area. Admission is subject to venue capacity and other requirements.

11. Waiver of liability. You assume all risks associated with, resulting from, or arising in connection with, attendance at and/or participation, in any capacity, in the Event or any Event-related activities, including, without limitation, all risks of theft, loss, harm, damage, illness or sickness (including those caused by known or unknown infectious or communicable disease such as COVID-19, H1N1, or other illness or sickness caused by bacteria, fungi, microorganisms or viruses), or injury to the person (including death) or property damage, whether caused by negligence, intentional act, accident, act of God, or otherwise, and whether occurring before, during or after the Event.

    You further agree that neither HYPACK nor its agents, officers, directors, members, contractors or employees shall be liable for illness, sickness or injuries to the person (including death) or loss or damage to property resulting from, occurring at or arising out of the Event or Event-related activities, including but not limited to any education sessions presented in connection with the Event, or for any indirect, incidental, consequential, special, punitive or exemplary damages. You further release and discharge such persons and entities from, and covenant not to sue such persons and entities with respect to, any and all risks, injuries, losses, damages and liabilities described herein.

    You further agree that the maximum liability of HYPACK to you arising from your registration, participation, and attendance at the Event shall be the return of your fees paid to HYPACK.

12. Governing law, venue, class action waiver, and jury waiver. You agree that any disputes related to your participation in and/or fees paid for the Event shall be governed exclusively by the substantive laws of the State of Delaware without giving effect to any choice-of-law rules that might result in the application of a different state’s substantive law. You further agree that the mandatory, exclusive venue for any action related to your participation in and/or fees paid for the Event shall be the federal courts for the state of Delaware. You further agree that any action brought in these courts related in any way to the Event, including without limitation your participation in the Event and/or fees paid for the Event, will be an individual claim, that you shall not bring claims against HYPACK in a representative capacity on behalf of any other individual, that you shall opt out of any class proceeding, and that you shall not assert class or collection action procedures. You further agree that both you and HYPACK waive any right to a trial by jury for any legal action related to the Event, including without limitation your participation in and/or fees paid for the Event.
13. Reporting Dangerous Situations or Emergencies. If there is a situation that looks concerning or could be dangerous, notify Event organizers onsite in a prompt manner or email us at training@hypack.com. In the event of an emergency situation, please contact local authorities immediately.
14. Consequences of violating these Terms and Conditions. HYPACK reserves the right to, at its sole discretion, revoke the credentials of Attendees whose conduct is to be in violation of these Terms and Conditions or is otherwise deemed inappropriate, disorderly or offensive, and to do so without warning or a refund. This may also result in prohibition from registering or attending future events.

BY REGISTERING FOR THE HYPACK 2023 HYDROGRAPHIC TRAINING EVENT, YOU AGREE TO THE TERMS AND CONDITIONS LISTED ABOVE. FAILURE TO COMPLY WITH ANY OF THE ABOVE MAY RESULT IN REGISTRATION CANCELLATION WITHOUT REFUND. HYPACK RESERVES THE RIGHT TO EXPEL ANYONE FROM THE EVENT WHO DOES NOT COMPLY WITH ANY OF THE ABOVE TERMS.