Terms and Conditions for use of Arival.travel

Effective Date: June 1, 2020

These Terms of Use shall apply to (a) all websites owned and/or operated by Arival, LLC, including without limitation the website on which these Terms of Use are posted and Arival’s subsidiary and/or affiliate entities whether or not referred to directly as Arival or Arival, LLC (collectively, “Arival”), as well as mobile versions thereof and social networking service pages and applications (collectively, the “Site”), and (b) any and all services available on or through the Site (the “Services”). By accessing and/or using the Site, you are expressly agreeing to comply with and be bound by the following Terms of Use, Arival’s Privacy Policy located at: https://arival.travel/privacy-policy (the “Privacy Policy”), and any other policies, rules or guidelines that may be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and regulations. Arival and any and all entities that control, are controlled by, or are affiliated or under common control with Arival, are collectively referred to herein as “we,” “us” or “our.” “You,” or “your,” refers to you, a user of the Site or parent or legal guardian (over the age of 18) if such user is a minor in his or her state of residence.

Arival may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Site indicates your agreement with any such changes. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms of Use on the Site. If we make any material changes to these Terms of Use, we will endeavor to notify you in advance of such change, by highlighting the change on the Sites or by sending an email to you at the email address that you have registered with us. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use.

To the extent that there is a conflict between these Terms of Use and the Additional Terms for an event, camp, license, class, ticket, contest, permit, facility/equipment reservation, transaction, sale, membership, reservation, donation, and/or activity for which you are using the Site to register or purchase (each, an “Event”), the Additional Terms of use shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms of Use, including any indemnification obligations, warranties, and limitations of liability.

By using or attempting to use the Site, you certify that (i) you are a resident of the United States and are at least 13 years of age or, if under the age of 13, your parent has consented to your use of the Site via our consent mechanism as provided to your parent, or (ii) you are not a resident of the United States and are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. You also certify that you are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, you must stop using the Site immediately.

  1. Registration.
    You may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, you may be required to register with Arival and select a password and screen name (your “registration”). You are responsible for maintaining the confidentiality of your registration. You shall not (i) select or use as your registration a name of another person with the intent to impersonate that person; (ii) use as your registration a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as your registration a name that is otherwise offensive, vulgar or obscene.
    You shall be responsible for all uses of your registration, whether or not authorized by you. You will immediately notify Arival in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to Arival, and (ii) maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Arival has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Arival has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Site or Services (or any portion thereof) in its sole discretion.
    Registration data and certain other information about you are subject to the Privacy Policy. Through your use of the Site and related services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including the transfer of this information to the United States and/or other countries for storage, processing and use by Arival and its affiliates.
    We are not liable for any harm caused or related to the theft or misappropriation of your user name or password due to your failure to take reasonable measures, your disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password to the Site and immediately notify us of the problem by contacting us at [email protected] In the event of any dispute between two or more parties as to account ownership, you agree that Arival will be the sole arbiter of such dispute in its sole discretion and that Arival’s decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
    Arival hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Site and Services solely for your personal, non-commercial use, and to search for, view, register for, and interact with, Events that are listed on the Site, provided that you comply with these Terms of Use, and solely to the extent permitted under all applicable laws and regulations.

  2. Code of Conduct. In connection with User Content (as defined in Section 6 below) and your use of the Site, you agree that you will not, nor permit anyone else to, indirectly or directly:

    • upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    • submit information that includes non-public personal or identifying information about another person without that person’s explicit consent;

    • upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

    • restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;

    • access or attempt to access parts of the Site for which you are not authorized by Arival, circumvent or attempt to circumvent any security or password protection on the Site, access the Site by any means other than through the interface that is provided and authorized by Arival;

    • modify any software for the Site in any manner or form, nor use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site;

    • use the Site or Materials (as defined in Section 3 below) for any unlawful purpose;

    • express or imply that any statements you make are endorsed by us, without our prior written consent;

    • impersonate any person or entity, whether actual or fictitious, including any employee or representative of Arival;

    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;

    • transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

    • use the Site to harm minors in any way;

    • engage in spamming or flooding;

    • transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

    • modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;

    • remove any copyright, trademark or other proprietary rights notices contained on the Site;

    • “frame” or “mirror” any part of the Site;

    • “stalk” or otherwise harass another;

    • link to any page of or content on the Site without written authorization;

    • use any robot, bot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site. Notwithstanding the foregoing, Arival grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Arival reserves the right to revoke these exceptions either generally or in specific cases;

    • harvest or collect information about Site visitors or members without their express consent;

    • take any action that imposes or may impose (in Arival’s sole discretion) an unreasonable or disproportionately large load of data, information, or queries on our (or our third party providers’) infrastructure;

    • share use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in any offer on the Site if you are not the original recipient of such passcode or password;

    • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act; and/or

    • violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

  3. Breach of Terms. The foregoing actions shall constitute a material breach of these Terms of Use.
    You acknowledge, consent and agree that Arival may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with laws, rules, regulations, or legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Arival, its users and the public.
    You understand that the technical processing and transmission of the Site, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
    You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Arival and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
    Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to Arival through any of its media, you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information; (b) Arival is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (c) Arival shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (d) Arival may have something similar to the Submissions already under consideration or in development; (e) your Submissions shall automatically become the property of Arival without any obligation of Arival to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Arival under any circumstances.

  4. Ownership and Restrictions on Use. The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Arival or its licensors, and are intended to educate and inform you about the events and other products and services offered or described on the Site. Subject to your compliance with these Terms of Use, you may use the Materials solely for your personal, non-commercial use, provided that you do not remove any copyright or other proprietary notices contained therein. Subject to your compliance with these Terms of Use, we grant you a limited license to use the Site and Materials for your personal use only; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Site and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Arival. Use of the Site and Materials for any purpose other than as expressly authorized in these Terms of Use is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
    The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by Arival and will remain the exclusive property of Arival. You acknowledge that the Site is protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials. You shall not challenge, contest or otherwise impair Arival’s ownership of the Site and the content therein.
    The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Arival and Arival’s advertisers, licensors, suppliers and others. The Trademarks owned by Arival, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Arival, in any manner that is likely to cause confusion with customers, or in any manner that disparages Arival. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Arival, Arival’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Arival will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
    You may make comparative or other nominative fair use of Trademarks owned by Arival in advertising and promotional materials, and in referring to Arival’s products and services (for example, in a magazine article) without Arival’s permission, provided you follow standard trademark usage practices and provide proper attribution to Arival. Other uses that are not “fair use” require written permission from Arival, and absent such express permission, you agree not to use or display the Trademarks owned by Arival in any manner. Please make such requests by email to [email protected]; we will evaluate your request as soon as possible.
    Trademarks owned by Arival include, without limitation, those published and searchable on the United States Patent and Trademark Office located at http://www.uspto.gov at “Trademarks Search” and the Canadian Trademark Office at: http://strategis.ic.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html at “Trade-marks Database” indicating Arival, LLC as the identified owner for conducting such search.

  5. Making Purchases. If you wish to purchase products or services or register for an Event described on the Site (each, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information. You understand that any such information will be treated by Arival in the manner described in our Privacy Policy. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Transactions. In addition to these Terms of Use, your Transaction shall be subject to any Additional Terms applicable to such services, features or purchases. Registration for Events may be regulated by certain state, county and city laws or regulations. You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses. You grant Arival the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
    Descriptions or images of, or references to, third party products, services, or Events on the Site do not imply Arival’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to Arival’s acceptance of any order. Price and availability of any product or service are subject to change without notice.
    If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your event registration may be cancelled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Site.
    Charges and Billing. The Site may require payment of access fees. By registering for the Site, you hereby authorize Arival to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen service, purchase or registration for your account. You hereby understand and agree that in most cases, Arival will be charging your designated credit card in accordance with the payment schedule of the Transaction, Service or Event for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to your credit card. You further understand and agree that it is your responsibility to notify Arival of any changes to your credit card or if your credit card has expired, otherwise your access to the Service may be disconnected or interrupted. You shall additionally be responsible for and shall immediately pay Arival, on demand, any payments that are made to us that are subject to an unjustified, subsequent reversal. All fees shall be paid in U.S. dollars.
    Arival reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or a Service for which Arival does not currently charge a fee) or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Arival posts such modification on the Site. Arival also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service and these surcharges may apply immediately after you register for the associated service. You may cancel your account or any associated optional or upgraded services therefore at any time, but Arival will not refund any remaining portion of your pre-paid fees and you may be charged an additional cancellation fee.
    You agree to pay your account balance on time. You also agree to pay any taxes, including sales or use taxes, resulting from your Transaction or use of the Service. Amounts not paid by you to Arival when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorneys’ and collection fees, that Arival may incur in its efforts to collect any remaining balances due from you. These Terms of Use shall in no way limit any other remedies available to Arival. You also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify Arival of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify Arival within sixty (60) days, you waive any right to dispute such problems or discrepancies.
    Parties other than Arival provide services, or sell products or access to their Events on the Site. You may order services or merchandise through the Site from other persons not affiliated with Arival (“Seller”). All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Arival makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Arival, nor will Arival be construed as, a party to such transactions, whether or not Arival may have received some form of revenue or other remuneration in connection with the transaction. You agree that Arival will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals. Arival does not assume any responsibility or liability for the actions, product or content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. It is the responsibility of the Event organizer to communicate its refund policy to you and to issue refunds to you via the Site or otherwise. You understand and agree that Event organizers reserve the right to cancel Events for various reasons, including, without limitation, in the event of weather events (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that would affect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of your payment unless authorized by the Event organizer. If you want to request a refund, you must request the refund directly from the Event organizer. To the extent that an Event is cancelled or does not meet your expectations for any reason, you must contact the Event organizer and your sole and exclusive remedy with respect to the Event is with the Event organizer and not with Arival. All communications or disputes regarding refunds are between the Event organizer and you. Arival will not be responsible or liable in any way for refunds, errors in issuing refunds or lack of refunds in connection with an Event. In addition, Arival is not responsible for the truth or accuracy of any listings by Event organizers or the ability of any Event organizer to perform, hold an Event, or complete a transaction. Notwithstanding the foregoing, you may report the misconduct of Event organizers and/or third parties in connection with the Site or any Services to us, and we, in our sole discretion, may investigate the claim and take action.
    Donations. When you make a donation, Arival receives a fee for the use of our technology without any additional charge to you. Donations collected by Arival will be sent in regular intervals to the designated charitable organization in accordance with contract and applicable law, less Arival’s fee. Any refunds shall be exclusively and directly handled by the designated charitable organization. Arival shall not be responsible for processing or making any refunds.

  6. Information Provided by Arival. Although Arival strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site are subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Arival endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
    In addition, portions of the Materials have been contributed to the Site by various artists, sports teams and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and Arival expressly disclaims any liability with respect to the foregoing.

  7. Forums and User Content. Arival and its designees may host message boards, blog feeds and other forums found on the Site (collectively, the “Forums”), and you may have the ability to provide or upload to the Site creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “User Content”).
    By sending or transmitting User Content to Arival, or by posting such User Content to any area of the Site, YOU GRANT US AND OUR DESIGNEES A PERPETUAL, WORLDWIDE, NON-EXCLUSIVE, UNLIMITED, TRANSFERABLE, FULLY SUBLICENSEABLE (THROUGH MULTIPLE TIERS), ASSIGNABLE, ROYALTY-FREE, FULLY PAID UP, IRREVOCABLE RIGHT AND LICENSE TO USE, REPRODUCE, DISTRIBUTE (THROUGH MULTIPLE TIERS), MODIFY, ADAPT, COMBINE WITH OTHER WORKS, CREATE DERIVATIVE WORKS OF, PUBLICLY PERFORM, DISPLAY, STORE, DIGITALLY PERFORM, PUBLISH (ON THE SITE, ON ANY OTHER WEBSITE(S), IN PRINT, RADIO, TELEVISION OR ELSEWHERE), MAKE, HAVE MADE, SELL, OFFER FOR SALE, IMPORT AND COMMERCIALIZE USER CONTENT, OR ANY PORTION THEREOF, IN ANY MANNER AND CONTEXT (INCLUDING BUT NOT LIMITED TO USAGE IN COMMERCIAL, ADVERTISING OR PROMOTIONAL MATERIALS), NOW KNOWN OR IN THE FUTURE DISCOVERED, IN ARIVAL’S SOLE DISCRETION, IN ANY WAY, IN ANY AND ALL MEDIA NOW KNOWN OR HEREINAFTER DISCOVERED, WITHOUT LIMITATION AND WITHOUT ANY COMPENSATION OR ACKNOWLEDGMENT TO YOU OR ANY THIRD PARTY. To the extent permitted by law, you specifically waive any “moral rights” in and to the User Content. The foregoing grant includes without limitation, any copyrights and other intellectual property in and to your User Content. None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. ARIVAL IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE.
    If Arival does decide, in its sole discretion, to attribute User Content to you, you hereby grant Arival the right to use your member name with respect to such attribution, and hereby completely and irrevocably release and forever discharge us from and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name. For clarity, the foregoing license grant to Arival does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing.
    You further acknowledge that Arival (a) is under no obligation to post, display or otherwise use any User Content, and (b) has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that Arival receives directly or indirectly from the use or display of your User Content or otherwise from the exercise of Arival’s rights granted under these Terms of Use. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Arival or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of User Content, or any derivative works thereof, infringe any of your rights as creator of the User Content, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights and moral rights.
    Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Arival. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate any of the Codes of Conduct, and you hereby completely and irrevocably release and forever discharge us from and waive, any legal or equitable rights or remedies you have or may have against Arival with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Arival community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Arival. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. If notified by a user of User Content that allegedly does not conform to these Terms of Use, Arival may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Content.
    You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to Arival under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and these Terms of Use or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable User Content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
    You acknowledge and agree that we have the right to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
    Arival reserves the right to delete from the Site any User Content, postings or member names and will cooperate fully with any law enforcement officials and/or agencies in any investigation, up to and including complete and immediate termination of your registration and/or accounts with Arival. You acknowledge that Arival may or may not pre-screen User Content, but that Arival and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Site. Without limiting the foregoing, Arival and its designees shall have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable, as determined in their sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by Arival or submitted to Arival, including without limitation information in Arival’s message boards and in all other parts of the Site.

  8. Links. As a convenience to our members, we may provide links to third-party web sites. If you use these links, you will leave the Site. Your dealings with third parties through links to such third party websites or applications are solely between you and such third party. Unless otherwise explicitly stated, Arival is not responsible for the content, goods or services provided on or through such websites, any updates or changes to such sites, for your use or inability to use such sites, or the privacy or other practices of such sites, and the fact that Arival offers such links does not indicate any approval or endorsement of any material contained on any linked site. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. Arival expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application. You hereby completely and irrevocably release and forever discharge us from and waive any claim you might have against Arival with respect to such sites.
    Arival and/or third parties may, from time to time, send email messages to you containing advertisements, promotions, etc. pursuant to our Privacy Policy. Arival makes no representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties, and you agree that neither Arival nor such third party shall have any liability with respect thereto.
    YOU AGREE THAT YOUR USE OF INTERNET WEBSITES AND RESOURCES NOT CONTROLLED BY ARIVAL, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

  9. Access By Minors. Arival encourages parents to use appropriate parental discretion in determining whether to grant authorization to minor children to access the Site. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on external websites, two of which include GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Arival does not endorse any of the products or services listed at such websites.

  10. Rules for Sweepstakes, Contests and Games. In addition to these Terms of Use, any sweepstakes, contests, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Arival urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities. To the extent such rules conflict with these Terms of Use, such rules shall control with respect to the particular Promotion.

  11. Termination. These Terms of Use shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms of Use, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause, including but not limited to repeated unauthorized postings of copyrighted works. Upon termination of these Terms of Use, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Arival may immediately deactivate or delete your password and user name, and all related information and files associated with them, and/or bar any further access to such information or files. You agree that Arival shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

  12. Suspected Violation of these Terms or Law; Injunctive, Equitable Relief, and Liquidated Damages. Violations of these Terms of Use, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in Arival’s sole discretion, and without prior notice, Arival may terminate and block your access to the Site or to Arival’s other services, cancel your event registration, refuse to honor pending and future purchases made from all credit card accounts or online accounts Arival believes may be associated with you, cancel an event registration associated with any person acting or believed to be acting in concert with you, remove any unauthorized User Content or exercise any other remedy available, if Arival believes that your conduct or the conduct of any person with whom Arival believes you act in concert, or the User Content you provide, or any resale of such event registrations purchased through Arival, violates or is inconsistent with these Terms of Use or the law, or violates the rights of Arival, a customer of Arival or another user of the Site. Violating any limitations or terms on the Site, including but not limited to utilizing automated means to process or place event registrations that exceed the stated limit will be deemed to be a material violation of these Terms of Use.
    You agree that monetary damages may not provide a sufficient remedy to Arival for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations.
    You agree that abusive use of the Site, as defined above, causes damage and harm to Arival in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to abusive use of the Site. You further agree that monetary damages for abusive use of the Site are difficult to ascertain and that proof of monetary damages for abusive use would be costly and difficult to calculate. Accordingly, you agree that liquidated damages are warranted for abusive use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 1,000 pages of the Site in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) per page request each time that a page request is made after that first 1,000 during that twenty-four hour period. You acknowledge that: (a) Arival has a valid interest in ensuring proper use of the Site; (b) this provision is reasonably tailored to that purpose; and (c) that the liquidated damages amount is a reasonable approximation of the costs and damages that Arival would incur as a result of such action by you or others acting in concert with you.
    Arival is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms of Use or any of Arival’s rights. Additionally, Arival reserves the right, in its sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. Arival also reserves the right, in its sole discretion, to impose limits on certain features and services and to restrict access to the Site without notice to you. Arival shall not be liable to you or any third party for any claim or cause of action arising out of its exercise of the foregoing rights.

  13. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARIVAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
    THE INFORMATION ON THE SITE OR OTHERWISE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER ARIVAL NOR MEMBERS OF THE SITE, WHILE SUCH MEMBERS ARE PARTICIPATING IN ACTIVITIES ON THE SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. ARIVAL ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON THE SITE CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU SHOULD CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON THE SITE.
    IN MOST INSTANCES, THE ABILITY OF ARIVAL TO PROVIDE SERVICES IS DEPENDENT UPON A TELECOMMUNICATIONS NETWORK OR THE INTERNET, WHICH MAY NOT BE FULLY SECURED, AS WELL AS GOODS AND SERVICES PROVIDED BY VARIOUS OTHER VENDORS AND THIRD PARTIES. ARIVAL DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE SITE WILL MEET YOUR REQUIREMENTS, THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ARIVAL, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. ARIVAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ARIVAL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARIVAL AND/OR ITS AFFILIATED PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
    The Site, Materials or Forums may include inaccuracies or errors, or information or materials that violate these Terms of Use. Additionally, unauthorized alterations may be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at [email protected] with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the Section on “Claims of Copyright Infringement,” above.

  14. Limitation of Liability. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER ARIVAL NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ARIVAL SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR ANY LINKED SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR ANY LINKED SITE; (III) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH ARIVAL; (IV) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ARIVAL; (V) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ARIVAL; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED SITE; (VIII) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODE OF CONDUCT; (IX) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (X) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (XI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE; (XII) ANY FAILURE OF AN EVENT ORGANIZER TO HONOR A REGISTRATION; (XIII) THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED ON THE SITE; (XIV) THE TRUTH OR ACCURACY OF ANY CONTENT OR EVENT LISTINGS ON THE SITE; AND/OR (XV) ANY OTHER MATTER RELATING TO THE SITE, OR ARIVAL PRODUCTS OR SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF ARIVAL, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF MONIES RECEIVED BY ARIVAL FROM YOU OR $100 USD.
    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  15. Indemnification. You agree to indemnify, defend and hold Arival and its affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, including any violation of the Code of Conduct, above; (b) any allegation that any User Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your activities in connection with the Site; and/or (d) termination of your access to the Site.

  16. Arbitration Agreement.
    (a) Except as prohibited by law, each party to these Terms of Use agrees that any claim, controversy or legal dispute arising out of or relating to these Terms of Use (hereinafter, a “Dispute”) will be resolved through binding arbitration administered by JAMS. If JAMS is not available in the state in which you reside, then the Dispute will be resolved through binding arbitration administered by the American Arbitration Association (the “AAA”). This arbitration agreement is intended to be broadly interpreted and includes claims, controversies or disputes arising out of or relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, all of which shall be considered within the definition of “Dispute.” THE PARTIES UNDERSTAND THAT, EXCEPT AS EXPLICITLY SET FORTH TO THE CONTRARY HEREIN, THEY ARE WAIVING ANY RIGHT TO A JURY TRIAL WITH RESPECT TO DISPUTES. However, Arival may not invoke its right to arbitrate any individual claim that you bring in small claims court, as long as it is brought and maintained as an individual claim. Notwithstanding the above, we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Each party agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within two (2) years after such claim or cause of action arose or be forever barred.
    (b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Any Notice to us should be addressed to: Chief Legal Officer, c/o Arival, LLC, 717 North Harwood Street, Suite 2500, Dallas, TX 75201 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee up to $350, unless your claim is for greater than $50,000 (as described further below).
    (c) The arbitration will be conducted under and governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the AAA (collectively, the “AAA Rules”), except as specified in or modified by these Terms of Use. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Section 15. All issues are for the arbitrator to decide, except that issues relating to the scope of the arbitration provision are for the court to decide (as described further in subsection (d) below). The rules promulgated by the AAA concerning class arbitration shall not apply. For any non-frivolous claim that does not exceed $50,000, we will pay all costs of the arbitration (i.e. the JAMS filing and administration fee and the arbitrator’s fee) up to $350 for an arbitration initiated in accordance with this arbitration agreement. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies we previously disbursed that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $50,000 in damages, the payment of these fees will be governed by the AAA rules.
    (d) Notwithstanding the AAA Rules, the foregoing or any other provision of these Terms of Use (including the arbitration agreement), any disagreement or dispute concerning arbitrability (whether a particular Dispute is arbitrable) or the scope of this arbitration agreement shall be resolved by the United States District Court for the federal district in which you reside. If that United States District Court lacks subject matter jurisdiction, then any such disagreement or dispute shall be resolved by the state court of general jurisdiction embracing the area in which you reside. By way of example only (and not by limitation), if the parties do not agree on whether a particular Dispute is subject to arbitration under this arbitration agreement, the proper tribunal to decide such Dispute is the United States District Court (for the appropriate district, as provided above) or, absent subject matter jurisdiction in that United States District Court, in the appropriate state court (as described above). The arbitrator shall stay all arbitration proceedings pending a decision from the appropriate court on disputes under this subsection (d). The arbitrator shall follow, adhere to and defer to the decision, order, decree or judgment of the court following the court’s decision of any such dispute under this subsection (d). Any action, award or partial award of the arbitrator in contravention of this limitation may be the subject of court appeal by the aggrieved party. No other aspect of any ruling by the arbitrator shall be appealable, and all other aspects of the arbitrator’s ruling shall be final and non-appealable, except as set forth herein.
    (e) WAIVER OF CLASS-WIDE PROCEEDINGS: You agree that, by entering into these Terms of Use, you and we are each waiving the right to participate in a class action or class arbitration. Each party to these Terms of Use agrees and covenants that it will not initiate any class-wide proceedings, including class actions or class arbitrations, against another party, and will not act as a class representative or class member. This provision constitutes an agreement that any Dispute will be resolved exclusively on a bilateral basis between the parties, with each party acting in his/her/its individual capacity. Further, unless both parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason the prohibition on class arbitration in this subsection (e) is not or cannot be enforced, then the agreement to arbitrate will not apply.
    (f) These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act (the “FAA”) governs the interpretation and enforcement of this provision. Delaware state law and procedures concerning arbitration shall apply to these Terms of Use only to the extent that they do not conflict with and are not inconsistent with the FAA. This arbitration agreement shall survive termination of these Terms of Use.
    (g) Unless both parties agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. Subject to the terms of this arbitration agreement, all Disputes shall be decided by a single arbitrator, who shall be either: (1) a retired federal judge; (2) a retired state court judge who sat on a trial court or appellate court for at least five (5) years; or (3) an attorney admitted to practice in the state in which the Dispute will be resolved for at least twenty-five (25) years with no disciplinary history. The arbitrator shall be selected by mutual agreement of the parties within thirty (30) days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify JAMS (or the AAA, as applicable) and request selection of an arbitrator in accordance with the applicable AAA Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted.
    (h) This arbitration agreement is not intended to modify or limit the remedies available to either party, including the right to seek interim relief, such as injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. Any Dispute that is not arbitrated, including any judicial action to enforce this arbitration provision will be litigated exclusively in the United States District Court for the federal district in which you reside and the parties hereby consent and submit to the jurisdiction and venue of such court. If that United States District Court lacks subject matter jurisdiction, then any such disagreement or dispute shall be resolved by the state court of general jurisdiction embracing the area in which you reside.
    (i) The arbitrator shall have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; provided, however, that in no event shall the right to discovery granted to the parties to these Terms of Use exceed ten (10) interrogatories, twelve (12) documents requests, two third-party subpoenas, and one deposition (of not more than four hours), per side. The parties may submit such pre-arbitration and post-arbitration briefs (including briefs during arbitration) as they choose, provided that no party shall submit briefing exceeding a reasonable page limitation to be set by the arbitrator. In the event any party submits a motion, the arbitrator shall consider the motion and either deny it or request opposition briefing by the non-moving party, which shall not be required until requested by the arbitrator. The arbitrator may not grant a motion without allowing the opposing party an opportunity to oppose. The total length of the arbitration hearings on the merits shall not exceed 10 hours of hearing time, to be divided equally between the opposing sides. All discovery shall be completed no later than sixty (60) days after appointment of the arbitrator. The hearing shall be concluded no later than one hundred eighty (180) days after appointment of the arbitrator, unless the arbitrator’s schedule requires a later hearing. The arbitrator may only extend these limits at the request of a party when the arbitrator finds exceptional cause for the extension. The parties may extend these limits by mutual agreement.
    (j) The arbitrator shall be required to issue a written arbitration decision including the arbitrator’s essential findings, conclusions and a statement of award. Except as set forth herein, the arbitrator shall have exclusive authority to resolve all Disputes.

  17. Connectivity; Mobile. Normal carrier charges and taxes may apply to any Materials you access from the Site. Arival is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Site. With respect to mobile versions or applications, your carriers’ normal rates and fees, including text messaging and data fees may apply to your use of the Site or Services. In the event you change or deactivate your mobile telephone number, you will endeavor to update your account information within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

  18. Applicable Law. You and Arival agree that the statutes and laws of the State of Delaware, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Site.

  19. U.S. Export Controls. This Site and software derived from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Site or any software derived therefrom, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  20. Privacy. We believe that your privacy and the privacy of all our users are important. These Terms of Use are subject to the Privacy Policy, which is hereby incorporated by reference. Please carefully review our Privacy Policy. By using the Site, you acknowledge that you have read, and you agree to be bound by the terms of our Privacy Policy. You further acknowledge and agree that any disputes related to our Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability contained in these Terms of Use. By registering for and participating in a sports Event, you understand and agree that your activity or event, or other results may be posted by the Event organizer. If you would prefer that your results not be posted or be taken down, you must contact the organizer of the Event directly, and Arival is not responsible for the posting or removal of such information. Arival will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom Arival is allowed to disclose your contact information under the Privacy Policy. If you post any User Content to the Site, by email or otherwise, we will treat it as non-confidential and non-proprietary to you. When we say in these Terms of Use “post” we mean the provision of information to the Site through features of the Site that are used to make information available to other members of the public (e.g., user reviews, bulletin/message boards, chat rooms, etc.). User Content shall not be subject to the Privacy Policy and may be publicly displayed and disclosed and otherwise used by Arival or any third party in any way. By posting User Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use such User Content. You should not post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your name, home or work address, phone numbers, email address or other such information. If you post such information, Arival cannot prevent it from being used in a manner that violates these Terms of Use, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms of Use, and you assume the risks and sole liability for the results of such posting.

  21. Questions. If you have any questions, comments or complaints regarding these Terms of Use or the Site, feel free to contact us at: [email protected]

  22. Notice Regarding Electronic Commercial Services for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  23. Notice. Arival may provide you with notices, including those regarding breaches of security, by email, regular mail or postings on the Site. All notices from you to Arival must be sent to Arival, LLC, 315 W South Boulder Rd, Suite 400, Louisville, CO 80027 or [email protected] and such notices will be deemed received the next day if sent via email, overnight mail or courier or three (3) days after deposited in the mail sent certified or registered.

  24. Miscellaneous. Arival may assign its rights and obligations under these Terms of Use and upon such assignment, Arival may be relieved of any further obligation hereunder. You may not assign any of your rights or obligations under these Terms of Use. Any assignment in violation of these terms is void.

Rights and obligations under these Terms of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms of Use.

You represent to Arival that you have the authority to register with Arival according to these Terms of Use. The failure of Arival to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Arival may provide you with notices, including those regarding changes to these Terms of Use and notices regarding breaches of security, by email, regular mail or postings on the Site. Except for certain Arival licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use. If any provision of these Terms of Use is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (i) the validity, legality, and enforceability of the remaining provisions of these Terms of Use (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (ii) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and these Terms of Use shall be deemed amended accordingly. We may translate these Terms of Use, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Site and in the event of any conflict between the English language version and a translated version, the English language version will control. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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TERMS AND CONDITIONS

Please contact us at [email protected] if you need personal assistance.

These are the terms and conditions (the “Agreement”) governing Your participation in any Arival owned and/or operated event, meeting, show, seminar, or conference, whether held as a live, virtual, or hybrid (both live and virtual) event (the “Event”). By registering for the event, You agree to these terms, which form a binding legal contract between the Event owner and host, Arival, LLC (“Arival” or “Owner” or “Organizer”) and the registered attendee (“You,” “Your” or “Attendee”). If You are registering on behalf of another individual, it is Your responsibility to ensure the person participating is aware of these terms and accepts them. By completing the registration on behalf of another individual, You are warranting that You have made the Attendee aware of these terms and that they have accepted these terms.

ATTENDEE PROVISIONS

Access. Your registration entitles You to access the Event for which You have registered. Any and all other costs associated with Your attendance shall be borne solely by You, and the Event shall have no liability for such costs.

Event Content. You acknowledge and agree that the Event, in its sole discretion, reserves the right to change any and all aspects of the Event, including but not limited to the Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and time.  Some Event content may be recorded by Arival and made accessible to paid Attendees.

FEES AND REGISTRATION

Payment. The payment of the applicable fee for the Event is due upon registration. If such payment is insufficient or declined for any reason, Arival may refuse to allow You to access the Event and shall have no liability in that regard.

Event pricing varies based on company type. You are responsible for registering using Your applicable company type.

Taxes. The fees may be subject to sales tax, and value-added tax, or other taxes and duties, which, if applicable, will be clearly stated and charged to You in addition to the fees.

Electronic Communications. Once You have completed Your registration, You will receive Your registration confirmation by email. Please ensure that Your valid email is entered correctly on the registration form. Be sure to check Your junk email box, too, if any of Your Virtual Event email(s) are caught by spam filters. Arival shall not be liable for mis-entered email addresses or other data.

If You do not receive Your registration confirmation and fail to notify us by email at least 24 hours prior to the event, Arival shall not be liable if you cannot view the event live.

You will receive essential Event information for registered attendees electronically at the email address provided on Your registration form.

In addition, You will also be subscribed as an Arival Insiders Free Access member if You are not already a member, which includes notifications of future events as well as the Arival newsletter and other communications. If You would like to opt-out of any of these benefits, a link is provided in each email to provide the ability to opt out.

CANCELLATION, CHANGE AND REFUND POLICY

All cancellations must be submitted in writing to [email protected]. Cancellations outside of 60 days shall be refunded in full without an administrative fee. Cancellations received inside 60 days of the published event start date are subject to loss of all monies paid with no credit for future events. Registration fee refund coverage may be offered. Should You purchase a ticket with Global Refund Coverage (“GRC”) Arival shall not provide refunds for cancellations under any circumstance. All claims and requests for refunds must be submitted through the GRC program and will be exclusively handled and adjudicated by JSV Events Limited as the administrator of the GRC program. Cancellations not covered under the GRC program and due to illness or injury will be evaluated on a case by case basis only after the completion of the ticketed event. Name change requests and ticket transfers are subject to a 100.00 change fee. The currency of refunds and fees will be the same as the currency in which tickets are sold. 

Virtual Events. Please note that you are still responsible for payment if You do not cancel and do not access the Virtual Event. In no event shall Arival be obligated to refund all or a portion of the registration fee.

Health & Safety Protocols. Arival is committed to producing a successful, productive, and, above all, safe Event for all Attendees, Arival staff, and hotel staff. We establish on-site preparedness plans and health & safety protocols to allow each attendee to feel as safe as possible and reduce the possibility of COVID transmission. Final protocols will be determined by 60 days prior to the event and will be based on recommendations from national, local and other health authorities.

By registering for the event, you confirm that You will abide by the safety measures that Arival puts into place. Failure to abide by the safety measures may result in the cancellation of Your registration with no refund.

Policies for attendance at the Event will be subject to change as conditions change regarding Covid-19. A final determination of policies will be made no later than 70 days prior to the event start date. This provides You with one week to cancel Your registration if You are not willing or able to comply with the Event policies. Arival reserves the right to set the safety measures at its sole discretion.

An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the CDC, senior citizens and guests with underlying medical conditions are especially vulnerable.

BY ATTENDING ARIVAL, YOU VOLUNTARILY ASSUME ALL RISKS AND AGREE TO HOLD HARMLESS, RELEASE AND INDEMNIFY ARIVAL, ARIVAL’S VENDORS, AND SUPPLIERS FOR ANY AND ALL LIABILITY RELATED TO EXPOSURE TO COVID-19 INCLUDING SERIOUS HEALTH AILMENTS AND DEATH.

CONDUCT OF ARIVAL ATTENDEES

Each Attendee agrees that during Arival, he/she shall conduct themselves professionally and courteously at all times with respect to Arival staff, sponsors, and Attendees. If an Attendee fails to comply with these expectations or behaves in a rude or unacceptable manner, Arival reserves the right to terminate the Attendee’s continued attendance at the Arival Event and will revoke their credentials. The Attendee agrees to return the credentials to an Arival representative upon request and will lose all fees paid to Arival. Expenses resulting from this revocation of Arival credentials are the sole responsibility of the Attendee. See our full Code of Conduct here.

LIMITATIONS ON USE

By registering for an Arival Event ticket, you agree not to sell, trade, transfer, or share your access link and/or code unless the Organizer grants such transfer. If Arival determines that You have violated this policy, Arival may cancel Your access, retain any payments made by You, and ban You from future Events, in addition to any other actions deemed appropriate.

RECORDING, LIVE STREAMING AND VIDEOTAPING

Attendees may not record or broadcast audio or video of sessions at Arival Events.

UNETHICAL/NON-COMPLIANT BUSINESS PRACTICES

Arival reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non-compliant business practices

ARIVAL SPONSORSHIP AND OTHER FUNCTIONS/EVENTS

The undersigned hereby acknowledges that Arival provides various companies with the opportunity to sponsor and host a variety of functions and social events during Arival (herein “Sponsored Event”) and that these sponsors pay an additional fee to host these events. To provide the sponsors with the maximum opportunity to host a successful Sponsored Event, Arival will not permit functions, social events, or gatherings of ten or more attendees to take place during the Arival event that would detract from the attendance of Arival attendees at any/all Sponsored Events. Exceptions for special circumstances may be granted if they have been previously requested in writing and approved by an authorized Arival representative. Therefore, the undersigned agrees not to organize, sponsor, or operate any function, social event, or gathering of ten or more attendees, either directly or indirectly, during Arival. If any individual, company, or entity breaches this agreement, the undersigned acknowledges that Arival shall have the right, to terminate the participation of that attendee, as well as any of its/their associates, representatives, and/or employees participating at Arival.

PRIVACY POLICY AND PERSONALLY IDENTIFIABLE INFORMATION (“PII”)

Please review our Privacy Policy here 

Your decision to register for an Arival event indicates your understanding of and agreement with our Privacy Policy.

Attendee acknowledges that Arival provides our sponsors with the PII of our Attendees/Attendees and hereby provides consent to have their PII included in the list provided to sponsors.  The data provided will be used by sponsor companies for the sole purpose of marketing the products and services of the sponsor companies and will not be sold, traded, or otherwise given to any other company or person. All sponsor companies provided with PII have warrantied that they are GDPR compliant.

FORCE MAJEURE

Should acts of God, acts of war or terrorism, pandemic, strikes, lockouts, labor disputes, inability to obtain labor or material, governmental restrictions or regulations, judicial order or other casualty or cause, not within the control of Arival make it impractical or impossible for the Arival Event to be held, Arival shall have the right, without obligation, to select an alternate date and venue for in-person events, and in such case Attendee agrees to participate per the terms and conditions herein.

 If Arival is prevented from carrying out its obligations as it pertains to the Event for which You registered as a result of any cause beyond its control, or such Event cannot be conducted Live or Virtually due to any cause, not within the control of the Organizer, (collectively a “Force Majeure”) Arival shall have the right to immediately terminate the affected Event without liability and shall be relieved of its obligations to Registrant.  If an affected Virtual Event is terminated due to a Force Majeure occurrence before the first day of the Virtual Event, then Arival will make every effort to reschedule the affected Virtual Event, and Your registration fee will be applied to the rescheduled Virtual Event. In such case, as the Virtual Event cannot be rescheduled within 60 days as a result of any Force Majeure event, Arival shall have the right to immediately and permanently terminate the affected Virtual Event without liability and shall be relieved of its obligations to Registrant.

For purposes hereof, the phrase “cause not within the control of the Organizer” shall include failures of a software or issue with the hosting or other required platform in the case of virtual events, or in the case of all events both virtual and in-person shall include fire, casualty, flood, epidemic, earthquake, explosion or accident, blockage, embargo, inclement weather, governmental restraints, restraints or orders of civil defense or military authorities, act of public enemy, riot or civil disturbance or commotion, malicious damage, sabotage, vandalism, acts of terrorism, or other similar activities, strike, lockout, boycott or other labor dispute or disturbance, inability to secure sufficient labor, technical or other personnel, absence of premises required for the Exhibition, failure, impairment or lack of adequate transportation facilities, inability to obtain or requisition or commandeering of necessary supplies or equipment, change in local, state or other law, ordinance, rule, order, decree or regulation, whether legislative, executive or judicial, and whether constitutional, or act of God and the words “act(s) of” shall include “threat of or perceived threat of”.

A Force Majeure event specifically includes the following:

  • If a local, county, state or national governmental authority issues any order or recommendation: (i) for individuals in the local government area of the scheduled Event to limit their time away from their residence or property (except for essential activities, functions, and businesses); (ii) for persons arriving at any airport from any one or more major cities or metropolitan areas (population greater than 500,000) to isolate or self-quarantine for any period of time (even if subject to certain exceptions) when the total of originating cities represents 5% or greater of total event attendance; (iii) to restrict public gatherings in enclosed spaces to less than 400 people in the scheduled local government area.

INTELLECTUAL PROPERTY

All intellectual property rights in and to the Event, the Event content, and all materials distributed at or in connection with the Event are owned by Arival or the Event sponsors or speakers presenting at the event. You may not use or reproduce or allow anyone to use or reproduce any trademarks or other trade names appearing at the Event, in any Event content, or in any materials distributed at or in connection with the Event for any reason without the prior written permission of Arival.

For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by Arival or any of its affiliates; nor does this Agreement grant to You any right or license to any other intellectual property rights of Arival or its affiliates, all of which shall at all times remain the exclusive property of Arival and its affiliates.

MEDIA RELEASE

You as Attendee hereby authorizes Arival to use, reproduce, and/or publish photographs and/or video that may pertain to the Attendee —including image, likeness, and/or voice without compensation. The Attendee understands that this material may be used in various publications, public affairs releases, recruitment materials, broadcast public service advertising (PSAs), or other related endeavors. This material may also appear on the Arival website, web blogs, social media pages, and posts. This authorization is continuous, and Arival may publish materials, use the Attendee’s name, photograph, and/or make reference to the undersigned in any manner that Arival deems appropriate in order to promote/publicize Arival events. The Attendee hereby releases Arival, its partners, employees, contractors and agents, the photographer/videographer, and any other associated vendors from any and all claims or liabilities.

Use of Likeness. By participating in the Event, You acknowledge and agree to grant the Event the right at the Event to record, film, live stream, photograph, or capture Your likeness in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such media without any further approval from You or any payment to You. This grant to the Event includes, but is not limited to, the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use or disseminate the media.

WAIVER OF LIABILITY

Attendee and each of its agents, employees, and representatives, hereby waive and release any claim of any type or nature whatsoever against Arival and each of its agents, partners, employees, representatives, successors, and assigns, arising out of or relating to his/her/its participation in Arival or attendance at Arival, including, but not limited to personal injury, damage to personal property, theft, etc. Furthermore, Attendee for itself and each of its agents, employees, and representatives, hereby agree to indemnify and hold harmless Arival and each of its agents, partners, employees, representatives, successors, and assigns from any claim, demand, lawsuit, or dispute of every type or nature whatsoever (including their reasonable attorney’s fees and costs incurred), arising out of or relating to his/her participation in Arival or attendance at Arival.

LEGAL

This contract shall be governed by the laws of the State of Colorado. The prevailing party in any arbitration or litigation concerning the terms and conditions of this proposal shall be entitled to reasonable attorney’s fees and costs.

Disclaimer of Warranties, Limitation of Liability

Arival gives no warranties in respect of any aspect of the Event or any materials related thereto or offered at the Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Event is provided on an “as-is” basis. The views, opinions, and positions expressed by the speakers, attendees, or sponsors at the Event are theirs alone and do not necessarily reflect the views, opinions, or positions of Arival or any employee thereof. Arival makes no representations as to accuracy, completeness, timeliness, suitability, or validity of any information presented by speakers, attendees, or sponsors at an Arival Event and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.  Arival does not endorse and expressly disclaims all liability relating to any of the products or services provided by speakers, attendees, or sponsors.

Except as required by law, neither Arival nor its affiliates shall be liable for any direct, indirect, special, incidental, or consequential costs, damages, or losses arising directly or indirectly from the Event or other aspect related thereto or in connection with this Agreement.

The maximum aggregate liability of Event for any claim in any way connected with, or arising from, the Event or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to Arival under this Agreement.

Miscellaneous

Arival’s failure to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder. Arival shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Arival’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sub-licensable by you except with Arival’s prior written consent. This Agreement shall be governed by the laws of the State of Colorado, and the parties shall submit to the exclusive jurisdiction of the Colorado courts. A party that substantially prevails in action brought under this Agreement is entitled to recover from the other party its reasonable attorneys’ fees and costs. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you acknowledge that you do not have any authority of any kind to bind Arival in any respect whatsoever. 

Research

Event Refund Program

Please contact us at [email protected] if you need personal assistance.

The Global Refund Program reimburses you for the Ticket Cost of a non-refundable, unused Ticket, less any Refunds if a Ticketholder is unable to use their Ticket due to one or more of the following reasons:

  1. Any serious Injury or any unforeseen serious Illness occurring to a Ticketholder which results in a Ticketholder being unable to attend the Event for which the Ticket is purchased. In the case of such Injury or Illness, the Ticketholder must be examined by a physician, who must advise the Ticketholder in writing not to attend the Event.
  2. Any serious Injury or any unforeseen serious Illness occurring to a Ticketholder’s Immediate Family Member which requires the Ticketholder to provide primary care to that person. In the case of such Injury or Illness, the Ticketholder’s Immediate Family Member must be examined by a Physician.
  3. Any serious Injury or any unforeseen serious Illness occurring to a Ticketholder’s Immediate Family Member that is considered life-threatening or requiring hospitalization. In the case of such Injury or Illness, the Ticketholder’s Immediate Family Member must be examined by a Physician.
  4. A Ticketholder receiving a positive COVID-19 Test resulting in the Ticketholder being unable to attend the Event due to a requirement to self-isolate. You must provide evidence of a positive COVID-19 Test.
  5. A Ticketholder who is deemed to be in a high-risk group and is advised by a Physician not to attend the Event. Ticketholder must not have knowledge of being in a high-risk group at the time of purchase.
  6. A Ticketholder’s death on or within 30 days prior to the Event.
  7. The death of a Ticketholder’s Immediate Family Member on or within 30 days prior to the Event.
  8. A Ticketholder being directly involved in a Traffic Accident on the day of the event that causes damage to a Ticketholder’s vehicle creates an immediate need for repair to ensure the safe operation of the vehicle.
  9. A Mechanical Breakdown of a Ticketholder’s vehicle within 48 hours of the Event, resulting in the non-use of the vehicle as transportation to the Event. You must provide proof of the Mechanical Breakdown, such as a tow truck or mechanic’s receipt or a police report.
  10. A Ticketholder who is on Active Military Duty having been deployed overseas at the time of the Event.
  11. A Ticketholder being directly or indirectly involved in a traffic accident en route to departure on a Common Carrier resulting in the Ticketholder missing transportation to the Event, provided that the transportation was scheduled to depart no more than 48 hours prior to the Event, and the Common Carrier was unable to accommodate the Ticketholder on later transportation which would arrive in time to attend the Event.
  1. A Ticketholder not arriving at the venue due to a delay by the Common Carrier used for transportation.
  2. Severe weather conditions result in the Ticketholder’s inability to attend the Event. The Ticketholder must be unable to reach the Event by car or Common Carrier. This does not include weather such as heavy snowfall with roads open, ice on roads, or abnormally heavy rain unless the intervention of authorities is involved. If the event is canceled due to weather, the Ticketholder will not qualify for a refund.
  3. Fire, burglary, vandalism, or Natural Disaster causes the Ticketholder’s home to be uninhabitable after the purchase of Tickets and before the date of the event.
  4. Fire, burglary, vandalism, flood, or Natural Disaster causes the Ticketholder’s place of work to be unsuitable for normal business practice after the purchase of Tickets and within 48 hours of the Event.
  5. A Ticketholder’s or their Spouse’s job is relocated 100 miles or more from the Ticketholder’s primary residence. Accepting a new job with another employer is not considered relocation and does not qualify for a refund.
  6. A Ticketholder or their Spouse being laid off or terminated through no action or fault of their own, after at least 3 continuous years of permanent employment with the same employer. The termination must occur after the purchase date. Self-employed workers, volunteer workers, or any other unpaid workers do not qualify for a refund.
  7. A Ticketholder being required to serve jury duty or being served with a subpoena or court order requiring attendance in court the day the Event is scheduled, preventing the attendance of the Event.
  8. A minor Ticketholder being unable to attend an Event because the Ticketholder on whom they are dependent to take them to the Event is unable to take them due to one or more of the reasons listed above.

What We Will Not Refund

No refund will be provided as a result whether directly or indirectly of the following:

  1. Alcohol or substance abuse; or conditions or physical complications related thereto of a Ticketholder or a Ticketholder’s Immediate Family Member;
  2. Any general restrictions imposed on traveling or gathering as a result of COVID-19;
  3. Any consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolutions, insurrection, military or usurped power, riot, civil commotion strikes, lockout, terrorism, malicious intent or vandalism, confiscation or nationalization of or requisition or destruction of or damage to property by or under the order of any government or public or local authority;
  4. Nuclear reaction, radiation, or radioactive contamination;
  5. Terrorism;
  6. Pollution or threat of pollutant release;
  7. Any unlawful acts committed by a Ticketholder or Ticketholder’s Immediate Family Members
  8. The Event being canceled by the venue or promoter for any reason (including bad weather);
  9. Lost or stolen Tickets;
  10. Dental treatment, except as a result of an Injury to sound natural teeth;
  11. Participation in any military service, maneuver or training exercise not overseas;
  12. Inability to obtain a visa required for travel;
  13. Making a false or fraudulent refund application or support a refund application by false or fraudulent document, device, or statement;
  14. Submitting your refund request more than 45 days after the Event;
  15. Any expected or foreseeable events not listed under the What We Will Refund section

General Conditions

  • You must provide sufficient documentation to verify your refund request falls under one or more of the reasons listed in the What We Will Refund section.
  • You must make all necessary arrangements to arrive at the event on time.
  • You must not be aware of any material fact, matter or circumstance, at the time the refund protection was purchased, which may give rise to a refund request.
  • You must take all reasonable precautions to prevent or reduce any request for a refund

Unless we agree otherwise:

  • The language of this document and all communications relating to it will be English; and
  • All aspects of the contract, including negotiation and performance, are subject to English laws and the decisions of English courts.

Definitions

  • Accident means an unexpected, unintended, unforeseeable event.
  • Active Military Duty means serving in the armed forces.
  • Common Carrier means an entity licensed to carry passengers for hire by air, or on land or water. Common Carrier does not include vehicle rental companies.
  • COVID-19 means Coronavirus disease known as COVID-19.
  • COVID-19 Test means any positive test for COVID-19 that can be evidenced and requires a Ticketholder to self-isolate.
  • Event means an experience or a series of experiences, with specified or expiration dates, that a Ticketholder reserves, registers, attends, or participates in such as sports, performing arts, camps, tournaments, conferences, lodging, specialized classes, spa treatments, or other similar experiences.
  • Illness means a sickness, infirmity, or disease that begins after the Ticket is purchased, which prevents the Ticketholder from attending the Event, and is not a Pre-existing Condition.
  • Immediate Family Member means a Ticketholder’s spouse, parent, child, foster child, stepchild or child-in-law.
  • Injury means bodily injury caused by an Accident, directly and independently of all other causes and sustained on or after the purchase date and before the Event Date.
  • Mechanical Breakdown means a mechanical issue that prevents a vehicle from being driven, a flat tire requiring professional roadside assistance, or a vehicle becoming inoperable. Mechanical breakdown does not include running out of fuel, the need for routine maintenance, or inoperability because of lost, unavailable, or stolen keys.
  • Natural Disaster means flood, wildfire, hurricane, tornado, earthquake, tsunami, volcanic eruption, blizzard, or avalanche that is due to natural causes.
  • Physician means a licensed/qualified medical practitioner who is practicing within the scope of his or her license/qualification and who is licensed to prescribe and administer medication and to perform surgery that is appropriate for the condition and locality. A Physician does not include someone residing in Your home, an Immediate Family Member, or Your in-laws (parent, child, sibling), aunt, uncle, niece, nephew, or legal guardian.

Refund means:

  • Money returned to You by the supplier;
  • Any credit or voucher for future events You receive or are entitled to receive from the supplier; or
  • Any credits, recoveries, or reimbursements You receive or are entitled to receive from Your employer, a credit card issuer, or any other institution.
  • Spouse means a Ticketholder’s lawful spouse as defined by law and includes civil unions and domestic partners.
  • Ticket means the registration or reservation required to attend or participate in an Event and paid for in full by You. A ticket is deemed used once the Ticketholder attends any part of the Event.
  • Ticket Cost means the total amount paid for one Ticket, including any prorated taxes, fees, and shipping costs. Ticket Cost does not include costs added after the refund protection has been provided.
  • Ticketholder means the person to whom this ticket is issued and has an incidence of ownership under this ticket. Ticketholder does not include a Ticket Reseller.
  • Ticket Reseller means a person or entity that buys tickets for the purpose of resale and includes any marketplace designed to facilitate such resale. Ticket Reseller includes ticket scalpers and ticket brokers.

THE “GLOBAL REFUND PROGRAM” IS A PROGRAM OF JSV EVENTS LIMITED WITH REIMBURSEMENTS MADE BY VERICLAIMS, INC. POWERED BY FANSHIELD INTERNATIONAL, LLC AS AN AUTHORIZED REPRESENTATIVE OF JSV EVENTS LIMITED (REGISTRATION NO 10712264)

Arival Code of Conduct

Conferences and Community spaces

At Arival, we believe travel can make the world a better place. Our mission is to establish and inspire a diverse community of individuals and companies in the In-destination Industry by providing opportunities to gain insight, share knowledge and build connections. To make it possible for true collaboration, creativity, innovation, and idea exchange to thrive, we are committed to facilitating a welcoming and respectful community for all. This Conference Code of Conduct shares our community expectations and applies to all attendees, employees, exhibitors, speakers, sponsors, volunteers, and other participants at Arival- produced and sponsored events. We empower all participants in our community to actively engage in creating a friendly, inclusive and safe environment for all.

Arival’s core values include the following, and create an expectation for conduct at our events:

We demonstrate a deep respect for human beings inside and outside our company and for the communities in which they live.
We value integrity and strive to consistently interact with others in ways that are authentic, ethical, and fair.
We are dedicated to transparency, committing to clear, open and honest communication.
We actively pursue and advocate for diversity and representation of varying cultural backgrounds, perspectives and ideas

Arival welcomes people from all cultural backgrounds, and does not discriminate on the basis of race, color, creed, gender (including pregnancy, perceived pregnancy, childbirth, breastfeeding, or related medical conditions), gender identity, religion (including religious dress and grooming), marital status, domestic partner status, genetic information, age, national origin or ancestry, military or veteran status, sexual orientation, physical or mental disability, or any other basis protected by federal, state, or local laws.

Accordingly, participants must refrain from displaying any demeaning, harassing, aggressive, or intimidating behavior or materials that would interfere with others’ experience and participation in our community.

If you witness or are subjected to inappropriate or disruptive behavior or have any other concerns, notify an Arival staff member as soon as possible.

Inappropriate or disruptive behavior will not be tolerated. Arival reserves the right to refuse entry to or remove any party from the event at any time when participation or behavior create a disruption or hinder the event or enjoyment of the event by other participants. All determinations are at the sole discretion of Arival, and the decision of the Arival team will be final. Severe breaches of this Conference Code of Conduct may result in disqualification from participating in future events. Individuals expelled due to violating this Conference Code of Conduct will not be eligible for a refund or other consolation.

If you have questions regarding this Conference Code of Conduct or its implementation, please contact us at [email protected] or +1.720.410.9395

Welcome to Arival!

Arival is pleased to welcome all of its international attendees to the USA and would like to make the process as seamless as possible.

If you are traveling to the United States for tourism or business for 90 days or less, you may be eligible to visit the US without a visa if your country is participating in the Visa Waiver Program (VWP)

Visitor Visa

Overview

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for a temporary stay, or an immigrant visa for permanent residence. Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), for tourism (visa category B-2), or for a combination of both purposes (B-1/B-2).

Here are some examples of activities permitted with a visitor visa:

  • Consult with business associates
  • Attend a scientific, educational, professional, or business convention or conference
  • Settle an estate
  • Negotiate a contract

Learn more about  Business Travel to the United States  (PDF – 362 KB) on a visitor visa.

  • Tourism
  • Vacation (holiday)
  • Visit with friends or relatives
  • Medical treatment
  • Participation in social events hosted by fraternal, social, or service organizations
  • Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
  • Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

Learn more about  Visitor Visas – Business and Pleasure   (PDF – 1020 KB).

These are some examples of activities that require different categories of visas and cannot be done while on a visitor visa:
  • Study
  • Employment
  • Paid performances, or any professional performance before a paying audience
  • Arrival as a crewmember on a ship or aircraft
  • Work as foreign press, in radio, film, print journalism, or other information media
  • Permanent residence in the United StatesThese are some examples of activities that require different categories of visas and cannot be done while on a visitor visa:
    • Study
    • Employment
    • Paid performances, or any professional performance before a paying audience
    • Arrival as a crewmember on a ship or aircraft
    • Work as foreign press, in radio, film, print journalism, or other information media
    • Permanent residence in the United States

How to Apply

There are several steps to apply for a visa. The order of these steps and how you complete them may vary by U.S. Embassy or Consulate. Please consult the instructions on the U.S. Embassy or Consulate website.

Complete the Online Visa Application

  • Online Nonimmigrant Visa Application, Form DS-160 – Learn more about completing the DS-160. You must: 1) complete the online visa application and 2) print the application form confirmation page to bring to your interview.
  • Photo – You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements.

Schedule an Interview

Interviews are generally required for visa applicants with certain limited exceptions below. Consular officers may require an interview of any visa applicant.

If you are age:Then an interview is:
13 and youngerGenerally not required
14-79Required (some exceptions for renewals)
80 and olderGenerally not required

You should schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at another U.S. Embassy or Consulate, but be aware that it may be more difficult to qualify for a visa outside of the country where you live.

Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply:

Visa Appointment Wait Times

Advance travel planning and early visa application are important. If you plan to apply for a nonimmigrant visa to come to the United States as a temporary visitor, please click the button below to go to https:/travel.state.gov where you will find a helpful tool that allows you to look up Visa Appointment Wait Times by U.S. Embassy or Consulate.

Prepare for Your Interview

  • Fees – Pay the non-refundable visa application fee, if you are required to pay it before your interview. If your visa is approved, you may also need to pay a visa issuance fee, if applicable to your nationality.

Click here to see all information about Fees for Visa Services.


  • Review the instructions available on the website of the U.S. Embassy or Consulate where you will apply to learn more about fee payment.

Gather Required Documentation

Gather and prepare the following required documents before your visa interview:

  • Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States (unless exempt by country-specific agreements). Each individual who needs a visa must submit a separate application, including any family members listed in your passport.
  • Nonimmigrant Visa Application, Form DS-160 confirmation page.
  • Application fee payment receipt, if you are required to pay before your interview.
  • Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements.
  • Invitation Letter: If you are in need of an invitation letter in support of your visa application, please email [email protected] with your full name (as it appears on your passport), your passport number, and email address. We will respond within 3 business days.

Additional Documentation May Be Required

Review the instructions for how to apply for a visa on the website of the U.S. Embassy or Consulate where you will apply. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of:

  • The purpose of your trip,
  • Your intent to depart the United States after your trip, and/or
  • Your ability to pay all costs of the trip.

Evidence of your employment and/or your family ties may be sufficient to show the purpose of your trip and your intent to return to your home country. If you cannot cover all the costs for your trip, you may show evidence that another person will cover some or all costs for your trip.

Note: Visa applicants must qualify on the basis of the applicant’s residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa.

Attend Your Visa Interview

A consular officer will interview you to determine whether you are qualified to receive a visitor visa, or if another category is more appropriate for your purpose of travel.  You must establish that you meet the requirements under U.S. law to receive a visa.

Ink-free, digital fingerprint scans are taken as part of the application process. They are usually taken during your interview, but this varies based on location.

After your visa interview, the consular officer may determine that your application requires further administrative processing.  The consular officer will inform you if this required.

After the visa is approved, you may need to pay a visa issuance fee (if applicable to your nationality), and make arrangements for the return of the passport and visa to you.  Review the visa processing times to learn more.

Entering the United States

A visa allows a foreign citizen to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.

Extending Your Stay

See Extend Your Stay on the U.S. Citizenship and Immigration Services (USCIS) website to learn about requesting to extend your stay beyond the date indicated on your admission stamp or paper Form I-94.

Failure to depart the United States on time will result in being out of status. Under U.S. law, visas of individuals who are out of status are automatically voided (Section 222(g) of the Immigration and Nationality Act).  Any multiple entry visa that was voided due to being out of status will not be valid for future entries into the United States.

Failure to depart the United States on time may also result in you being ineligible for visas in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.

Change of Status

If your plans change while in the United States (for example, you marry a U.S. citizen or receive an offer of employment), you may be able to request a change in your nonimmigrant status to another category through U.S. Citizenship and Immigration Services (USCIS). See Change My Nonimmigrant Status on the USCIS website to learn more.

While you are in the United States, receiving a change of status from USCIS does not require you to apply for a new visa.  However, once you depart the United States you must apply for a new visa at a U.S. Embassy or Consulate in the appropriate category for your travel.

Additional Information

An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States.

  • There is no guarantee you will be issued a visa. Do not make final travel plans or buy tickets until you have a visa.
  • A valid U.S. visa in an expired passport is still valid. Unless canceled or revoked, a visa is valid until its expiration date. If you have a valid visa in your expired passport, do not remove it from your expired passport. You may use your valid visa in your expired passport along with a new valid passport for travel and admission to the United States.

Further Questions

  • Case-Specific Questions – Contact the U.S. Embassy or Consulate handling your visa application for status information. Select U.S. Embassy or Consulate for contact information.
  • General Questions – review Contact Us.

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