Terms and Conditions

By virtue of registering and/or sponsoring, advertising, therefore using the services provided by Labroots, Inc, you hereby agree to the following usage agreement ("Visitor Agreement"). Labroots Inc may amend this Visitor Agreement by posting an amended version on the Terms & Conditions tab of the Labroots website. By continuing to use the services, you agree to the Terms & Conditions then posted.

1. Rules for Registration: You must register to use services provided by Labroots, Inc. As part of the registration process, you will select a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of another person. You will not disclose your password to any third party. You will be responsible for preserving the confidentiality of your password. You will notify us of any known or suspected unauthorized use of your account.

By registering, you represent to us that you are over the age of 18 or have the permission of your parent or guardian to register and attend events.

2. Posted Content: Responsibility for what is posted on the website lies with each user---you alone are responsible for the content of your messages, and the consequences of any such messages. You agree not to use our sites to send or submit materials:

that is false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising);
that are libelous, threatening or harassing;
that are obscene or contain any kind of pornography;
that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
that might create liability for us or might cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers;
that interfere with the ability of others to enjoy our site;
that impersonates any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Labroots, Inc;
that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include;
that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or
that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

We neither endorse nor guarantee the accuracy or propriety of the information users submit. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of the website if we believe you are violating any of the terms of this Visitor Agreement and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons.

Users may share their email information in our discussion areas. Accordingly, you may not use any other user's information, personal or otherwise, for any commercial purpose, to send chain letters, junk mail, "spam," or other bulk communications or for developing lists. Any such use by you will be a violation of this Visitor Agreement.

3. Rights: You acknowledge that:

We permit access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights and;
Webinar sponsor(s) own the copyrights of their respective webinar, and they are able to use that webinar as they see fit such as posting to their website or other digital platforms.
This Visitor Agreement and applicable copyright, trademark and other laws govern your use of such content.
The Labroots website (the “Website”) and all content contained therein including all images, graphics, information, data, texts, video, audio or other content either shown on the Website, or downloadable from the Website belongs to Labroots and can only be used with Labroots’ permission. Contents on the Website are protected by copyright, trademark, and other US and International Laws. Some of the icons, domain names, logos, service marks, trademarks, and trade names within the Website are owned by Labroots or other owners and used with permission given to Labroots. You are not granted any right, or license, to use such logos, service marks, trademarks, and trade names or any other content on the Website without the express written permission of Labroots or any third party owner. You agree not to modify the content of this Website in any way, reproduce it, display it in any public or private setting or for commercial purposes, modify any copyright, trademark, service mark, or other proprietary notices contained within the Website. You agree to be bound by the terms and conditions set forth on the Website as an express condition to your use.

4. Privacy: Use of the Labroots, Inc, services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. This includes policy on email solicitation.

5. Links: We welcome links to our website. Hypertext links are allowed as long as the link does not state or imply any sponsorship or endorsement of your site or use a logo without written consent.

During the event, we may offer links to third-party websites. We are not responsible for those websites or the parties that control them. We are not liable for the content, quality, suitability, functionality or legality of any such sites. You hereby waive any claim you might have against us with respect to such sites and their operators. Services or merchandise ordered through these links is not affiliated with us. All matters concerning such merchandise and services are solely between you and the merchants with whom you do business.

6. Disputes: You are solely responsible for your interactions with other visitors. Labroots, Inc reserves the right, but not the obligation, to monitor disputes between you and other attendees.

You may not take legal action against Labroots, Inc, that results from our website or services provided through the website without first a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. Any such notice of a dispute must be sent to the address listed on the Contact Us page and must be received by us within 90 days of a scenario that first gives rise to a dispute. You agree that all legal action relating to this Agreement or any liability of Labroots, Inc relating to the provision or non-provision of services relating to this Agreement or any event will be under the jurisdiction of the laws of California, without regard to any laws relating to conflict of laws, shall apply in resolving any dispute. You agree to submit to the jurisdiction of the courts of California and agree that you will not bring any action against Labroots, Inc in any jurisdiction outside of California.

7. Discontinuance, Modification & Restrictions: We may discontinue, change, suspend, or restrict access to any of our sites or any portion of our sites at any time without liability to you or any third party.

8. Liability and Warranties: YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. WE CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, MATERIALS, AND SERVICES AVAILABLE THROUGH THE SITE. WE DO NOT GUARANTEE OUR SITE TO BE ERROR-FREE, SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL LABROOTS, INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE WERE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT THE LIABILITY OF LABROOTS, INC ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO LABROOTS, INC WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO US. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF LABROOTS, INC ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

9. Labroots Communications: Labroots will communicate with you through email and notices posted on the website. These include a series of welcome emails, event reminders, newsletters, sponsored emails and update emails which help inform users about various website features and releases. Please be aware that you will continue to receive certain emails from Labroots relating to the proper functioning of your account.

Labroots works with MailChimp
Labroots sends all email communication through a viable third party named MailChimp. More than 12 million people and businesses around the world use MailChimp. MailChimp features and integrations allow their clients to send marketing emails, automated messages, and targeted campaigns. And MailChimp's detailed reports help their clients keep improving over time. MailChimp has been around since 2001. The company started as a side project funded by various web-development jobs and now sends more than a billion emails a day.

Labroots E-Newsletters
During the registration for Labroots, the user goes through a step to Opt-In for Labroots E-Newsletters by clicking all the newsletter categories the user would like to receive. If the user wishes to no longer receive Labroots E-Newsletters that can do one of two things: 1) The user can simply click on the Unsubscribe link located at the bottom of the E-Newsletter. All Labroots E-Newsletters must always have the Unsubscribe link option at the bottom of the E-Newsletter. 2) The user can email Labroots at privacy@labroots.com or call us at +1-714-463-4673 to let us know, and we will remove you immediately.

Emails from Labroots Sponsors and Partners
During the registration for a Labroots virtual event or webinar, the user is asked a question if they would like to receive emails from the Sponsors of that specific event/webinar. The answer does not default to Yes or No, the user has to choose to receive communication from the sponsor or not. If the user does choose yes or opt-in to receive email communication from the sponsor the user can always opt-out or unsubscribe at any time. The user has two options to do so: 1) All sponsor-related emails provide an easy and free means by which the user can opt-out of future sponsor-related emails, and if the user opts out the user request is adhered to in all future email marketing. The user can simply click on the Unsubscribe link located at the bottom of the sponsor's email. 2) The user can email Labroots at privacy@labroots.com or call us at +1-714-463-4673 to let us know and we will contact the sponsor immediately.

Email Opt-in Laws and Legislation
Labroots adheres to the following legal requirements for sending out email marketing messages globally:

United States: "CAN-SPAM Act" The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003. The CAN-SPAM Act covers commercial email messages with the primary purpose of advertisement or promotion of a commercial product or service. Don't use false or misleading header information. Don't use deceptive subject lines. Tell recipients where you're located. Tell recipients how to opt out of emails. Honor opt-out requests promptly.
Europe: "EU Opt-In Directive" Directive 2002/58/EC (specifies minimum legislation for member states). Directive 2003/58/EC (amending Council Directive 68/151/EEC). The EU Opt-In Directive covers all direct email marketing messages, including charitable and political messages. Don't send direct marketing without permission. Don't conceal the sender's identity. Provide a valid address for the user to opt out. Provide proof of sign-up if asked.
Canada: "CASL - Canada's Anti-Spam Legislation." Only send to permission-based email addresses. Identify your name and business. Provide proof of sign-up if asked.
Australia: "Spam Act 2003". Don't send unsolicited emails. You must have permission to send emails. Include functional unsubscribe options in all email communication. Don't use address-harvesting software in any capacity.
Similar laws exist in other countries. They all request you use an opt-in form, keep your list clean and avoid penalties. Emailing through an email service such as MailChimp, which will also keep your email in compliance with email laws around the world. Labroots does this!

10. GDPR Regulations and Compliance

The EU General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/EC and was designed to harmonize data privacy laws across Europe, to protect and empower all EU citizen's data privacy, and to reshape the way organizations across the region approach data privacy. The key articles of the GDPR, as well as information on its business impact, can be found throughout this site: https://www.eugdpr.org/

(A) Information We Collect

Site: We may collect personally identifiable information about you, such as your email address, full name, mailing address, phone number, phone number type, current job title, current institution, current institution type, spoken language, timezone, and areas of interest when you register for an account. Additional personally identifiable information can be provided by you after an account has been created, such as educational history, work experience history, social media accounts, and gender. We also use Google Analytics to capture your movement and decisions throughout our website.

(B) How We Use Your Information

We use the information that we collect to operate and maintain our site, send you marketing communications, provide you with relevant content, respond to your questions and concerns.

(C) How We Share Your Information

(i.) Personally Identifiable Information: Labroots will not rent or sell your personally identifiable information to others without your express consent. We may store personal information in locations outside of the direct control of Labroots (for instance, on servers or databases co-located with hosting providers). Any personally identifiable information that you elect to make publicly available on our Site, such as posting comments on any of our pages, will be available to others. If you remove information that you have made public on Our Service, copies may remain viewable in cached and archived pages of our Site, or if other users have copied and saved that information.

(ii) Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain Labroots services.

(D) Storage and Processing

Your information collected through our site may be stored and processed in the United States, Europe, or any other country in which Labroots or its affiliates or service providers maintain facilities.

(E) How We Protect Your Information

Labroots is concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any information you transmit to Labroots or guarantee that your information on our Site may not be accessed, disclosed, altered, or destroyed by breach of any of our industry-standard physical, technical, or managerial safeguards. When you enter sensitive information (such as login credentials) on our registration forms or within your profile, we encrypt that information using Transport Layer Security (TLS). No method of transmission over the Internet or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about the security on our site, you can contact us at privacy@labroots.com.

(F) Access, Correction, Deletion

We respect your privacy right and provide you with reasonable access to the Personal Data that you may have provided through your use of the Site. If you wish to access or amend any other Personal Data we hold about you or to request that we delete any information about you that we have obtained, you may contact us at https://www.labroots.com/user-data-request. At your request, we will have any reference to you deleted or blocked in our database

You may update, correct, or request to delete your Account information and preferences at any time by accessing your Account Settings page on our Site. Please note, while any changes you make will be reflected in active user databases instantly, or within a reasonable period of time. We may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, the satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

You may decline to share certain Personal Data with us, in which case we may not be able to provide you some of the features and functionality of the Service.

At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law.

11. Virtual Events

Use of logo and exhibitor and/or client name. Event Organizer shall have the limited right to use the Exhibitor’s and/or Client's name, logo, certain marketing materials provided by the Exhibitor, and/or Client for the sole purpose of promoting, marketing, and demonstrating Labroots Virtual Events. Event Organizer shall have the right to refer to the Exhibitor and/or Client as an Exhibitor or Custom Virtual Event of Labroots Virtual Events in its advertising and promotional materials, as well as publish its own press releases regarding Labroots Virtual Events. Event Organizer shall submit to Exhibitor and/or Client a copy of all advertising and promotional materials containing the Exhibitor’s and/or Client's identity, products, or branding prior to their first use for Exhibitor’s and/or Client's approval, in Exhibitor’s sole and absolute discretion.

Approval by Exhibitor and/or Client. Prior to the online show, the Event Organizer will provide to the Exhibitor and/or Client an example of the final booth design or custom virtual event design for the Exhibitor and/or Client. The Exhibitor and/or Client will have, in Exhibitor’s and/or Client's sole and absolute discretion, approval over the design of the booth or custom virtual event, subject to the limitations of templates and colors provided by the Event Organizer’s software and capabilities. Failure of the Exhibitor and/or Client to timely object to the proposed final booth design, custom virtual event, advertising copy, promotional material, or other items submitted to the Exhibitor and/or Client for approval shall be regarded as approval by Exhibitor and/or Client. If the Exhibitor and/or Client desires a design outside of the aforementioned limitations, the Exhibitor and/or Client will have the option to pay additional professional services fees to the Event Organizer.

Warranty. Event Organizer warrants that the Labroots Virtual Events services will have the functionality and perform in accordance with the specifications set herein, under normal use and circumstances. Event Organizer’s sole obligation to Customer for a breach of the foregoing warranties shall be to use commercially reasonable efforts to promptly repair such errors as quickly as possible.

Indemnification.

a. Labroots, Inc. Indemnity. Labroots shall defend, indemnify and hold the Exhibitor and/or Client harmless from and against all liabilities, costs, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to any claim brought against the Exhibitor and/or Client that the Event Organizer’s Show Platform infringes, violates, trespasses or constitutes the unauthorized use or misappropriation of any Intellectual Property of any third party.

b. Exhibitor and/or Client Indemnity. Exhibitor and/or Client shall defend, indemnify and hold Labroots, Inc. harmless from and against all liabilities, costs, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to any claim brought against Labroots that the Exhibitor and/or Client materials, documents, etc. infringes, violates, trespasses or constitutes the unauthorized use or misappropriation of any Intellectual Property of any third party.

Links and referrals. Event Organizer shall have the right to direct traffic to the Exhibitor’s and/or Client's website in conjunction with the online show. The Exhibitor and/or Client shall have the option, but not the obligation unless discounting was provided for such placement, to place a link to the Labroots site on its own site for promotional purposes in the time prior to the online show.

Disclaimer of Warranty. Other than expressly provided for in Section 3, Event Organizer, and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of the Labroots Virtual Events platform. Event Organizer and its licensors do not represent or warrant that (a) the use of the Labroots Virtual Events platform will be secure, uninterrupted, or error-free or (b) the Labroots Virtual Events platform or the servers that make service available are free of viruses or other harmful components. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, or fitness for a particular purpose, are hereby disclaimed to the maximum extent permitted by applicable law by the Event Organizer and its licensors.
The Labroots Virtual Events platform hereunder is being delivered over the Internet, and accordingly, is subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Event Organizer is not responsible for any delays, performance due to user hardware, delivery failures, viruses, hacker intrusions, or other damage resulting from such problems.

Term & Termination. The term of this Agreement shall commence upon execution of this Agreement. The Term of this agreement shall end as of thirty (30) days after the last event in which the Exhibitor and/or Client has a virtual booth or virtual event. Without prejudice to any other remedies, at any time by giving notice to the other, this agreement may be terminated as follows:

a. By Exhibitor and/or Client, upon 30 days written notice to Event Organizer, if Event Organizer has committed a material breach of its obligations under the Agreement, and such breach is not cured within the 30 day notice period.

b. By Event Organizer, if Exhibitor and/or Client fails to pay the fees due pursuant to this Agreement within ten days of the date such payment is due, or upon 30 days written notice to Exhibitor and/or Client if Exhibitor and/or Client has committed a material breach of its obligations under the Agreement, and such breach is not cured within the 30 day notice period

Limitation of Liability. IN NO EVENT WILL ANY PARTY BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL PENALTIES OR DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXHIBITOR AGREES THAT ANY LIABILITY OF LABROOTS AND ITS LICENSORS FOR DAMAGES ARISING OUT OF THE PROVISION OF SERVICES OR FAILURE TO PROVIDE SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE FEES PAID BY EXHIBITOR FOR THE PARTICULAR SERVICES INVOLVED.

Governing Law, Resolution of Disputes. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of California without giving effect to conflicts of law.

12. Webinars

From each webinar, a video recording is created. After the webinar, all registered participants, regardless of their participation, will receive an e-mail from the sponsor of the webinar containing a link to the recording. For this purpose, the data of the participants will be transmitted to the sponsor of the webinar.

Complaints Procedure:
Attendees are welcome to submit webinar and/or event feedback to support@labroots.com.

Disability Discrimination:
Labroots ensures that our activities are accessible to any potential individual delegate regardless of their age, race, gender, sexual orientation, or disability.

Health & Safety:
Labroots ensures delegate safety during our virtual events by taking regular breaks.

Equal Treatment:
Our marketing and training materials are fully inclusive and ensure equal access to learning.

13. Payment Terms

With respect to advertising, email rentals, banner ads, social media, newsletters, rich media content, sponsored content, webinars, and virtual events, all payments are due via our payment terms of Net 30 from the time the Labroots invoice is created. In some specific cases, Labroots may offer an optional special payment term of NET10 Discount 3%. If the client, sponsor, or advertiser fails to make payment to Labroots within 30 days, Labroots will take action to collect payment.

Step 1) 2% LATE FEE applied after one day late from the agreed-upon terms, and report to Labroots Legal Department. The client or advertiser is now also responsible for all legal fees associated with collecting payment.

Step 2) 4% LATE FEE applied after 30 days late from the agreed-upon terms (thus NET60), and report to Collection Agency. The client or advertiser is now also responsible for all legal fees and collections fees associated with collecting payment.

Step 3) 6% LATE FEE applied after 60 days late from the agreed-upon terms (thus NET90), Collection Agency now handling. Any current campaign is frozen. Labroots cannot accept further orders until the balance is paid in full and the client is current. All future orders need to be in advance before we begin a new campaign. The client or advertiser is now also responsible for all legal fees and collections fees associated with collecting payment.

Step 4) 8% LATE FEE applied after 90 days late from the agreed-upon terms (thus NET120), Labroots files Lawsuit and Collection Agency now handling. The 8% late fee penalty will be accrued monthly until the debt is paid. Any current campaign is frozen. Cannot accept further orders until the balance is paid in full and the client is current. All future orders need to be in advance before we begin a new campaign. The client or advertiser is now also responsible for all legal fees and collections fees associated with collecting payment.

Customer will be responsible for the payment of any present or future sales, use excise, or other similar tax (excluding taxes based on Labroots, Inc.’s net income) applicable to the Services. Fees paid for Services are non-refundable, except in the case of Labroots, Inc.’s uncured material breach, in which case Labroots, Inc. will refund to Customer pre-paid amounts for Services not rendered as of the effective date of such termination.

Governing Law, Resolution of Disputes. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of California without giving effect to conflicts of law.

14. Leaderboard Gamification: The Labroots Score, Earning Points, and Reward Eligibility

The Labroots score and gamification functionality surrounding it was introduced on the Labroots website on June 1st, 2018. Any activity prior to this will not contribute to a user’s Labroots score. Only activity on and after June 1st, 2018 will count towards a user’s Labroots score. Furthermore, Labroots reserves the right to adjust/remove points as deemed necessary should a user try to abuse the scoring system for reward eligibility.

15. Cancellation Policy

The Labroots 'Cancellation Policy' covers all Labroots products, and is based on the work that has been done from the point of the purchase to the date of cancellation. Labroots reserves the right to review the work that has been done by the Labroots team and identify the appropriate price based on the work. The process consists of a written report detailing the completed work, comparing it to the original scope of the project, then pricing it out based on the original rate. The written report along with a revised invoice will be then be emailed to the client for review and processing.

When a customer binds in contract for Labroots services, and if the services of the contract are fulfilled by Labroots, the customer is responsible to pay for the rendered services of the contract. If the customer changes anything within the contract but does not notify Labroots in writing within 30 days of the execution of the services and the contract is amended and approved by both parties, the customer is responsible to pay for the entirety of the contracted amount. If the customer changes anything within the contract that would affect a volume discount in a negative way, Labroots has the right to change or lower the discount to effectively match the new numbers.