Last Updated: February 16, 2025
General Website User and Attendee Terms & Conditions
WEBSITE: www.miamimusictech.com
SECTION 3.3 GOVERNS ALL COMMUNICATIONS YOU ARE CONSENTING TO WITH MMT (AS DEFINED BELOW) AND ITS ADVERTISERS, EXHIBITORS AND SPONSORS BY REGISTERING FOR THE EVENT. BY REGISTERING, YOU AGREE THAT MMT MAY COMMUNICATE WITH YOU AT THE EMAIL ADDRESS OR PHONE NUMBER THAT YOU PROVIDED IN YOUR REGISTRATION. YOU ALSO AGREE AND UNDERSTAND THAT CONSENT IS NOT A CONDITION OF PURCHASE.
PLEASE CAREFULLY REVIEW THE BELOW. THESE GENERAL WEBSITE USER AND ATTENDEE TERMS AND CONDITIONS (THIS “AGREEMENT”) LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MMT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. THIS AGREEMENT ALSO GOVERNS THE RIGHTS OF MTT (AS DEFINED BELOW) AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSEES TO CALL, TEXT MESSAGE, AND EMAIL YOU ON BEHALF OF MMT AND THE TIXR TICKETING SERVICE (See Section 3.3 below).
Welcome to www.miamimusictech.com (the “Website”), operated by BuzzMakers LLC, a Florida limited liability company (“MMT”, “we”, “our”, or “us”). The Website enables anonymous visitors to the Website (“Visitors”) to learn more about us and our Miami MusicTech events (each, an “Event” and collectively, the “Events”), and Visitors who affirmatively indicate their agreement to abide by this Agreement by means of a click-through consent (where made available) to register for an Event or Events as attendees (“Attendees”). The terms “you”, “your” and “yours” when used herein refers to either Attendees or Visitors or to both Attendees and Visitors collectively, as applicable from the context of the sentence, and in the case of doubt refers to both Attendees and Visitors. This Agreement sets forth the terms and conditions which govern your use of the Website and your attendance at each Event. For clarity, each “Event” as defined herein refers collectively to, and includes, all activities being promoted by MMT in connection with any particular Event, including all pre-event and post-event activities and MMTs virtual webinars accessible in the future, and applies to both Events held at Physical Venues (“Physical Events”) as well as to Events held at Virtual Venues (“Virtual Events”).
1.1 Acceptance. Please read this Agreement carefully before otherwise accessing the Website. In order to use the Website, you must first agree to the provisions of this Agreement. By accessing any web page of the Website (other than this Agreement), Visitors indicate that they have read and agree to be bound by the terms and conditions set forth in this Agreement. You are not authorized to register for our Event(s) or use our Website if you do not agree with this Agreement. Attendees indicate their agreement to this Agreement either as do Visitors, or by means of a click-through consent or by signing electronically (where any such an option is made available by MMT), or otherwise upon commencing use of the Website and/or submitting a registration to an Event. You will be able to register for Events from a third-party sites (Tixr or Coinbase Commerce), and you will indicate your agreement to this Agreement when completing such registration and by registering. By becoming an Attendee you represent and warrant that you are at least eighteen (18) years of age and not a minor in your state of residence, and that, if you are executing this Agreement on behalf of an entity or any other person, you have been duly authorized to so act by such entity or such person. Please keep in mind that you are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with MMT, or (b) you are a person barred from using the Website either (i) under the laws of the jurisdiction in which you reside or otherwise from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to use the Website. If we ask Attendees to indicate their acknowledgement of this Agreement and their adherence to its provisions more than one time and in more than one manner, such repeated request and/or multiple execution of this Agreement is intended for the sake of good practice only and in no way derogates from the validity of any prior acknowledgement or execution.
1.2 Modification. We reserve the right to modify this Agreement at any time. You agree to review this Agreement periodically to be aware of all such modifications. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement. You agree that your continued use of the Website after a modified version of this Agreement has been posted to the Website shall be deemed to be your conclusive acceptance of any modified version of this Agreement. If you do not agree to abide by the initial version and each modified version of this Agreement, you are not authorized to use the Website. A current version of this Agreement is accessible via the footer of the Website’s homepage.
2.1 Attendee Registration. Attendees can register for Events online using the service provided by our third-party registration provider TIXR, Inc. (“TIXR”) or on site at the respective venue on the day of an Event. However, please note that all registrations for an Event are space permitting, on a first-come first-served basis. If you register online, each Attendee may receive a user ID and password to access such Attendee’s registration account on TIXR.com (“Account”). Attendees agree not to allow any third party to use their Account to access the Website and to safeguard the information that would allow another person or entity to access the Website by using their Account. Attendees shall be responsible for their failure to safeguard such information and/or to allow any other individual or entity to access or use the Website by using their Account. No Account, or any portion thereof, may be sold or otherwise transferred by an Attendee. Attendees shall notify MMT in writing immediately of any unauthorized use of their Account or otherwise of the Website. Attendees and Visitors agree that MMT shall not be liable for any loss that results from the unauthorized use of any Account, either with or without MMT knowledge. You will need to check-in with us before each Event in our Registration Area. We will print your badge on-site and provide you with a lanyard/clip and badge holder. We do recommend that you print and bring or save to phone your Tixr confirmation to bring to the Event for quick and expedited check-in.
2.2 Multiple Registrations. The representative of an Attendee may register on behalf of more than one person (whether another individual or an entity, provided, that (a) the person effectuating such a registration has first secured the authorization required to execute this Agreement on behalf of the person being registered, (b) person effectuating such a registration otherwise has the ability to agree to this Agreement on behalf of such person, and (c) a different email address is used for each person registering. You represent and warrant to us that by registering on behalf of any Attendee, you have been fully authorized to act on behalf of such Attendee and to enter into this Agreement on behalf of such Attendee, and that you will be jointly liable with such Attendee for any breach of this Agreement.
2.3 Accurate Information. You shall provide us with accurate, complete and current information during registration and in response to any written request (including by email) by us, and you shall update all such information provided to us if and as soon as such information changes.
2.4 Disabling or Revocation of Registration. We have the right to cancel your registration to an Event and/or access to your Account at any time, for any reason as determined by us in our sole discretion, including without limitation if we believe you have violated this Agreement. If we disable access to your Tixr Account, you may be prevented from accessing certain pages of the Website, your Account details and/or certain files or other materials, all of which may be deleted by us.
2.5 No Transfer. Your registration to an Event and/or your right to use the Website through your Account is not transferrable to any other person. It is forbidden to transfer and you are prohibited from transferring any badges, passes or any other credentials used for gaining admittance to an Event.
3.1 About the Events. The Events are business networking and trade show events which bring together business professionals such as business owners, CEOs, Presidents, CMOs, CFOs, entrepreneurs and other senior level management and other business professionals. The Events feature numerous exciting and insightful business industry related panel discussions, workshops, presentations and networking events and classes. Aside from premium paid credentials or other premium status provided by us, Attendees generally will be eligible to participate in most activities offered at the Events on a first-come, first served basis, with limited availability.
3.2 Dress Code. The dress code for Events is business casual.
3.3 SMS & MMS Text Messages; Email Blasts; Mail; Other Contacts. You agree that by submitting your personally identifiable information to us (“PII”) that you consent to receive communications from us by automated technology about us, our advertisers, sponsors & exhibitors, this Event and/or future Events, including without limitation by means of telephone calls or text messages, email blasts and otherwise by postal mail.
3.4 Recording of the Event; Grant of Rights to Use Name, Image and Likeness. We will be photographing, videotaping and otherwise recording the Events and using the resulting footage for promotional purposes. Each Attendees acknowledges and agrees that such Attendee hereby grants MMT the exclusive, perpetual, worldwide, irrevocable, royalty free right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, and otherwise use such Attendee’s name, image, likeness, voice and biography (or any copyrighted material or trademarks owned and displayed by such Attendee) in any manner or media whatsoever (whether now known or hereafter known) including without limitation for the purposes of advertising or trade in promoting and publicizing the Event, MMT and/or our products and services, whether appearing in or derived from such footage, or whether provided to us from you or any third party.
3.5 Event Traffic. Waiting lines to register for an Event or otherwise to enter an Event may be quite long. You can facilitate your admittance to an Event by registering through the Website prior to such Event, though please note that doing so does not ensure that you will be admitted to such Event quickly. We work hard to make admission to each Event a smooth process for everyone, but as the number of Attendees customarily is large and only a certain number of people can be processed for admission to an Event at one time, you may to have to wait a significant amount of time before being admitted to an Event.
3.6 Badges. Attendees can attend Events free of charge as a specially designated participant (speaker, volunteer, sponsor, press). Attendees may purchase a “badge” which enable you Attendees to obtain access at Event, attendance a a “Networking Happy Hour” events, reserved seating for workshops and for our main stage presentations, priority seating in our speed network areas and promotion of your company in our post-conference email.
3.7 Intentionally Omitted.
3.8 Networking Happy Hour / Closing Reception. At certain Events we may offer Attendees the opportunity to participate in our “Networking Happy Hour” or “Closing Reception” activities. Beer and/or wine (and in some cases liquor) will be offered. You acknowledge that for all participating Attendees (a) drinks are generally dispensed on a first-come-first served basis, (b) there is no guarantee of how many drinks an Attendee will receive, and (c) no refunds for unredeemed tickets will be issued. The venue provider of the Event is exclusively responsible for serving the drinks and has the absolute discretion and authority to refuse to serve you or anyone else any alcoholic beverages. You agree to drink responsibly and never to drink and drive, and you hereby agree to hold harmless, indemnify and defend MMT and each of the other MMT Parties, and the venue provider and all of its personnel (including without limitation the beverage server or servers) from all of your acts or omissions related to your participation in any “Networking Happy Hour” or “Closing Reception” or other alcoholic beverage activities which occur in connection with any of the Events.
3.9 Intentionally Omitted
3.10 Intentionally Omitted
3.11 Elevator Pitch Workshop. At some Events we may offer the ability for certain Attendees to present their services or products to a selected panel of business professionals. You realize that by pitching your services or products in the workshop your ideas will become public and can be utilized by others. Attendees should keep in mind that all presentations are in public and MMT is not and cannot be responsible for the divulging of any proprietary or other sensitive information by Attendee or any other party.
3.12 Hotels. MMT receives preferential rates for certain hotels it showcases on the Website, at an Event or in other communications to you. However, MMT is not affiliated with and does not endorse any of these hotel options. Further, MMT may receive a commission from some of the hotels it showcases.
3.13 Recording of the Event; Grant of Rights to Use Name, Image and Likeness. We will be photographing, videotaping and otherwise recording the Events and using the resulting footage for promotional purposes. Each Attendee acknowledges and agrees that such Attendee hereby grants MMT the exclusive, perpetual, worldwide, irrevocable, royalty free and fully paid right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, reproduce, and otherwise use such Attendee’s name, image, likeness, voice and biography (or any copyrighted material or trademarks owned and displayed by such Attendee) in any manner or media whatsoever (whether now known or hereafter known) including without limitation for the purposes of advertising or trade in promoting and publicizing the Event, MMT and/or our products and services, whether appearing in or derived from such footage, or whether provided to us from you or any third party.
3.12 No Solicitation by Attendees. Only Sponsors are permitted to solicit Attendees regarding their products/services at an Event.
3.14 Sponsor or Other Third Party Speech or Expression. Each Event offers the opportunity for various Sponsors to present their products and services, and otherwise to communicate their thoughts and opinions, to Attendees. Further, Attendees or other individuals may have communicated their thoughts and opinions to other Attendees or other persons. We do not endorse or otherwise condone any statements made by, or the activities of, or products or services of, any Sponsor, other Attendee or other person, and you acknowledge and agree that none of the MMT Parties shall be liable for any act or omission of an Exhibitor, sponsor, other Attendee or other person at, or otherwise in connection with, any Event or otherwise.
3.15 Refer-A-Friend Programs. We may, from time to time offer Attendees the opportunity to participate in a Refer-A-Friend or other like program. The terms and conditions of any such program may be modified by us at any time in our sole discretion. We may also cancel any such program at any time, and any benefit provided by us in connection with such a program is offered on an as-available basis only or otherwise until cancelled by us. Further, we reserve the right to disqualify anyone at any time from participation in a program if they do not comply with this Agreement, any supplemental terms applicable to such a program, or otherwise if they violate any law, statute, regulation or rule. Any information collected by us from you or your referrals shall be one of our assets and shall be subject to the provisions of the Privacy Policy.
3.18 Startup Competition. MMT may operate a skills contest at an Event or otherwise. Your participation in any such contest will be subject to any official rules or other governing agreement regulating participation in such contest which are posted at an Event or otherwise on the Website in connection with such contest. Sponsors may run their own contests at an Event, and MMT is not involved with, liable for, or responsible in any way for any such contest.
3.19 Awards Program. We may offer a Winning Startup Award at our Events, which is designed to recognize and celebrate promising early stage businesses who have been selected by means of a public vote from entries submitted to us. This program currently offers recognition. Any business or entrepreneur who is eligible to use this Website is eligible to participate in this awards program, and MMT is not obligated to review any entry and may reject any such entry if we learn of any violation of this Agreement by the submitting party or anyone acting on such party’s behalf. Without limiting any other provision of this Agreement and for clarity only, each person submitting an entry is fully responsible to ensure that all information provided is accurate, and MMT is not responsible whatsoever for any information provided to us in connection with or regarding this awards program. All award program “winners” are selected by means of private judging. Each entry requires registration for the Event by at least one member of the entrants team, as well as the submission of required information prior to the stated deadline.
3.20 Special Requests. Any and all special requests made by you under the American with Disabilities Act, including without limitation a request that we provide you with hearing-impaired interpreters or assistance for sight impaired individuals at an Event, or any similar such requests, must be delivered in writing to MMT no less than thirty (30) days prior to such Event.
4.1 Purchases. Certain of our products or services, including those geared to Attendees, may be offered for sale by us through the Website, by phone by our representatives, at an Event or otherwise by us. In the event you wish to purchase any of these products or services, you will be asked by MMT or an authorized third party on MMT’s behalf to supply certain of your PII, including without limitation, your full name, address, telephone number and credit card information. You shall provide MMT and/or such third party with your accurate, complete and current PII and other information at all times, and you shall comply with the terms and conditions of any additional agreement that you may enter into which governs your purchase of any such product or service. You shall be responsible for all charges incurred through your Account, or otherwise made by you or on your behalf. Please note that fees indicated as the “PRICE” refer to what MMT charges for a specific badge option, whereas the fees indicated as the “FEE” refers to registration processing fees charged by TIXR.
4.2 Payment. Your right to use any service or product that is available for purchase through the Website, by phone, at an Event or otherwise, is contingent upon your payment in full of the applicable fees indicated for such purchase (collectively, the “Fees”). Each applicable portion of the Fees must be paid in full at the time of purchase or otherwise as directed in writing by MMT. You may pay any portion of the Fees by Visa, MasterCard, Discover or American Express credit cards. If any payment made under your Account or otherwise by you or on your behalf cannot be charged to your credit card or if a charge is refunded for any reason, including without limitation by chargeback, we reserve the right to withhold delivery of the products and/or services requested in connection with such failed charge, refund or chargeback, and/or to suspend or terminate your Account, and/or otherwise to stop performing any of our obligations to you.
4.3 No Refunds; All Sales are Final; Waiver of Claims. Except for as expressly set forth in this Agreement, once an Attendee badge has been purchased, there are no refunds provided. Rather, all sales are final. MMT has the right to cancel your registration to an Event or Events (and, if during an Event, MMT has the right to have you and/or your representatives removed from such Event) at any time due to your breach (or any a breach by any of your representatives) of any of the provisions of this Agreement, as determined by MMT in MMT’s sole discretion. If your registration to an Event is so cancelled by MMT or if you or your representatives are so removed from any such Event, you shall not receive any refund of any Fees paid by you. Notwithstanding the foregoing, if, however, MMT cancels an Event not due to the act or omission of a third party, MMT shall provide you with a full refund of the Fees applicable to such cancellation, minus a registration processing charge of twenty percent (20%) of such Fees. However, MMT shall not be responsible for any delays, damages, losses, increased costs, or other unfavorable conditions arising in connection with or related to any delay, rescheduling or cancellation of an Event, and you hereby irrevocably waive all claims arising therefrom.
4.4 Taxes. You shall be responsible for obtaining all licenses, permits and approvals under local, state or federal law which are applicable to your purchase of any products and/or services from MMT or any person acting on behalf of MMT, or from any Exhibitor, and for obtaining all tax identification numbers and paying all taxes, license fees and other charges that become due to any governmental authority or any other person in connection with or related to any such products and/or services.
6.1 Proprietary Rights. The Website contains various Content which is protected by the copyright, trademark and other laws of the United States and/or other jurisdictions. As between you and MMT (a) all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to the Website (including without limitation all Content appearing on the Website) is owned exclusively by MMT, and (b) you have no rights in and to the Website other than for (as between you and us) the limited usage rights expressly described in this Agreement. Except for that information which is in the public domain or for which you have been given express written permission by MMT, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of MMT and, where applicable, our licensors, except for as provided in Section 8 hereof.
6.2 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Website, (d) your address, telephone number, and e-mail address, (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon MMT actual knowledge of facts or circumstances from which infringing material or acts are evident. MMTs copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Miami MusicTech Summit Copyright Agent
Address: 8287 SW 128 Street, 214, Pinecrest, FL 33156
Email: hello@miamimusictech.com
We suggest that you consult your legal advisor before filing a notice with MMTs copyright agent. You should note that there can be penalties for false claims under the DMCA. MMT will, in appropriate circumstances and to the extent plausible, terminate the Account of an Attendee who infringes the rights of copyright holders.
6.3 Trademarks. All Trademarks appearing on the Website are the property of their respective owners. MMT is not affiliated with, or sponsored or endorsed by, any third party trademark owner whose Trademark appears on the Website (unless the opposite is expressly indicated), and MMT does not sponsor or endorse the owner of any such Trademark. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings and trade dress appearing on the Website and/or at an Event which indicate a source of any products or services. Trademarks are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation by means of the distribution of Content, without our prior written consent or the consent of a third party Trademark holder, as applicable. In no event may any of the Trademarks be used in any manner that is likely to cause confusion or which causes confusion, or in any manner that disparages or discredits MMT and/or any Event.
10.1 YOUR SOLE RISK. YOUR USE OF THE WEBSITE AND YOUR ATTENDANCE AT EACH EVENT IS AT YOUR SOLE RISK. THE WEBSITE AND EACH EVENT IS PROVIDED “AS IS”, “WHERE IS”, AND “AS AVAILABLE”, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THROUGH THE WEBSITE AND/OR AT ANY EVENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NONE OF THE MMT PARTIES ASSUMES ANY RESPONSIBILITY (OR SHALL BE LIABLE OR OTHERWISE RESPONSIBLE) FOR YOUR ATTENDANCE AT ANY EVENT OR FOR YOUR USE OF THE WEBSITE INCLUDING WITHOUT LIMITATION ANY CONTENT, OTHER MATERIALS, PRODUCTS OR SERVICES, AND NONE OF THE MMT PARTIES MAKES ANY PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN CONNECTION WITH THE WEBSITE OR ANY EVENT.
10.2 NO RELIANCE ON INFORMATION OR INTERACTIONS. WITHOUT LIMITING ANY OF THE FOREGOING, NO INFORMATION OBTAINED FROM MMT OR ANY THIRD PARTY THROUGH THE WEBSITE OR AT ANY EVENT, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY THAT (A) YOUR ATTENDANCE AT SUCH EVENT, YOUR USE OF THE WEBSITE OR OTHERWISE YOUR RELIANCE ON OR OTHER USE OF ANY SUCH INFORMATION WILL MEET YOUR REQUIREMENTS OR OTHERWISE BE SUCCESSFUL, (B) YOUR ATTENDANCE AT ANY EVENT OR YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR OMISSIONS, (C) SUCH INFORMATION WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT, (D) DEFECTS IN THE OPERATION OF ANY EVENT OR THE FUNCTIONALITY OF ANY PORTION OF THE WEBSITE WILL BE CORRECTED OR UPDATED, (E) DESCRIPTIONS OF PRODUCTS AND/OR SERVICES OFFERED BY US ON BEHALF OF ANY EXHIBITORS OR SPONSORS WILL BE ACCURATE OR CORRECT, AND (F) ANY MMT PARTY IS IN ANY WAY LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM OR BE RELATED TO YOUR ATTENDANCE AT ANY EVENT OR YOUR USE OF THE WEBSITE. SPECIFICALLY, EXHIBITORS OR OTHER THIRD PARTIES WITH WHOM YOU INTERACT THROUGH THE WEBSITE OR AT ANY EVENT (FOR EXAMPLE, WHO TEACH CLASSES OR CONDUCT WORKSHOPS, INTERVIEWS, PANEL DISCUSSIONS, CLASSES, OR AUDITIONS OR PERFORM OTHER ACTIVITIES, SUCH AS JUDGING OR PROVIDING REVIEWS), DO SO EXCLUSIVELY ON THEIR OWN BEHALF AND NONE OF THE MMT PARTIES ARE OR SHALL BE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF OR RELATED TO YOUR INTERACTION WITH ANY SUCH THIRD PARTIES OR WITH ANY OTHER PERSON WITH WHOM YOU INTERACT EITHER THROUGH THE WEBSITE OR AT ANY EVENT (OR OTHERWISE IN CONNECTION WITH ANY EVENT).
10.3 YOUR SOLE LIABILITY; RELEASE. NONE OF THE MMT PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT (OR OTHERWISE IN CONNECTION WITH ANY EVENT). SPECIFICALLY, EACH OF THE MMT PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. AS BETWEEN YOU AND THE MMT PARTIES, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSSES, LIABILITIES OR NEGATIVE CONSEQUENCES RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT. YOU FURTHER HEREBY EXPRESSLY RELEASE EACH OF THE MMT PARTIES FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT.
11.1 LIMITED LIABILITY AND DAMAGES. IN NO EVENT SHALL ANY OF THE MMT PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITE AND/OR ANY EVENT, OR ANY PRODUCTS AND/OR SERVICES ACQUIRED THROUGH THE WEBSITE OR IN CONNECTION WITH ANY EVENT, WHETHER OR NOT MMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 CAP ON LIABILITY. IN NO EVENT SHALL THE MMT PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR USE OF THE WEBSITE AND/OR YOUR ATTENDANCE AT ANY EVENT, INCLUDING WITHOUT LIMITATION YOUR INTERACTION WITH ANY EXHIBITOR, EXCEED THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH DIRECTLY GIVE RISE TO SUCH A CLAIM, IF APPLICABLE, OR (B) ONE THOUSAND DOLLARS ($1,000).
11.3 EXCEPTIONS. THE LIMITATIONS ON THE LIABILITY OF ALL OF THE MMT PARTIES IN THIS SECTION 11 SHALL APPLY WHETHER OR NOT ANY OF THE MMT PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LIABILITY, LOSSES OR DAMAGES ARISING IN CONNECTION WITH OR RELATED TO THE WEBSITE AND/OR ANY EVENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTION 10 ABOVE OR IN THIS SECTION 11 MAY NOT APPLY TO YOU.
17.1 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Florida, excluding Florida’s choice-of-law principles, and all claims arising out of or relating to your use of the Website, your attendance at any Event, contacts between you and us, this Agreement and/or any other understanding or arrangement between you and MMT or any of the other MMT Parties, or the breach of any thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Florida, excluding Florida’s choice-of-law principles.
17.2 Arbitration; Legal Fees; No Jury Trial; NO CLASS CLAIMS. Any dispute with you or any person acting on your behalf (if applicable) which arises out of or is related to your use of the Website, your attendance at any Event, this Agreement, and/or any other understanding or arrangement between you and MMT or any of the other MMT Parties, including without limitation regarding any breach of this Agreement, any contacts between you and MMT (including, but not limited to, email, telephone calls, and text messages), or any other such other understanding or arrangement (the “Potential Claims”), shall be finally resolved by binding arbitration administered by a private professional arbitrator and the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. You and MMT are expressly waiving any rights to a jury trial pertaining to the Potential Claims. The arbitration will be conducted in the City of Fort Lauderdale, State of Florida, by an arbitrator with applicable industry expertise in the field of event management services, who shall be named in accordance with such rules. The award of the arbitrator shall be final and binding on you and MMT, and shall be accompanied by a statement of the reasons upon which the award is based, and such statement as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and MMT and any decision rendered shall be deemed to be the confidential information of MMT and shall not be made public by you or any person acting on your behalf or for your interest (and any submission made to any court as part of such a proceeding shall be made under seal). If the party initiating such a proceeding does not prevail regarding a material part of its claim, then the initiating party shall pay the responding party’s costs and expenses, including but not limited to reasonable attorneys’ fees and costs as well as the costs for any counter claim asserted by the responding party. NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or MMT may apply to any federal or state court sitting in Broward County and State of Florida for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and MMT each submits to the exclusive jurisdiction of such courts for such purpose. You and MMT each expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum.
17.3 Equitable Relief. You agree that it would be impossible or inadequate to measure and calculate MMT’s damages from any breach of certain of the representations, warranties or covenants made, or obligations undertaken, by you in this Agreement. Accordingly, you agree that MMT shall have the right to obtain an immediate injunction enjoining any breach or threatened breach of any your obligations under this Agreement which MMT in its sole discretion believes will cause damage to any of the MMT Parties, without having to post a bond or other security, and to specific performance of any such provision of this Agreement. The remedies of MMT in connection with this Section 17.3 shall be in addition to, and not in limitation of, any other remedies to which MMT may be entitled under this Agreement or otherwise at law or in equity. If MMT prevails in any such proceeding, MMT shall have the right to recover from you the costs and expenses thereof, including without limitation for reasonable attorneys’ fees. For purpose of this Section 17.3, you agree to the personal and exclusive jurisdiction by and venue of any federal or state court sitting in Miami Dade County and State of Florida for MMT’s pursuit of such relief, without breach of the above arbitration provision, and you and MMT submit to the exclusive jurisdiction of such courts for such purpose, and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.