Hereunder the organiser of event named "Soil Regen Summit 2021" (the “Event Organizer”), has stipulated ‘Additional Terms’ that will be their own responsibility to which HeySummit will have no liability or connection. These Additional Terms will be separate to HeySummit’s Terms & Conditions stipulated thereafter and the Additional Terms thereof will by no means supersede or invalidate HeySummit’s Terms & Condition. Where a conflict occurs between both of the aforementioned terms, HeySummit’s Terms & Conditions will prevail.
The following Terms and Conditions (“Terms”) apply when you use Soil Foodweb School’s (“SFS”) website or services. Please review these terms carefully. By using the website or services, you are acknowledging that you have read and understood these Terms and agree to be legally bound.
Effective date. These Terms are effective as of November 12th 2019.
Agreement. By agreeing to these Terms, you represent and warrant that you are at least eighteen (18) years old and that your registration and use of the website or services shall at all times comply with local, state, and federal laws and regulations to the extent the same apply (“Applicable laws”).
Courses and Course Materials. Any discounts offered on any course, programs, lectures, or workshops offered by SFS, including the Foundation Courses and the Consultant Training Program (“CTP”), cannot be used in combination with any other special offers, discounts, or promotions at any time.
SFS reserves the right to provide certain course materials at its discretion, including the Foundation Courses (currently four (4) in total) and you understand that certain course materials may be under production at any given time. You agree that SFS is not liable for any damages nor would you have any causes of action against SFS should SFS delay release of any course materials, in whole or in part, for whatever reason or no reason at all.
You may access the Foundation Courses for a period not to exceed twelve (12) months from the date of registration.
You will be deemed to “graduate” the program only after you satisfy certain criteria or “pass” all associated examinations, at your own pace, during the Access Period. The criteria is provided by SFS and may be amended by SFS at its discretion at any time.
You are prohibited from taking any of the following actions:
(i) offering any services including but not limited to consulting, representing yourself as a consultant, or otherwise providing consultation services on the Soil Food Web to any agriculture operations, commercial farms, growing facilities, hobby farms, market gardens, composting facilities, or other commercial entity or private individual at any time; or
(ii) claiming to be a certified Soil Foodweb Consultant; or
(iii) claiming to be a representative or agent of Soil Foodweb Inc., Soil Foodweb School LLC or any associated person or entity.
You may become a Certified Soil Foodweb Consultant only after you complete the CTP successfully and to the satisfaction of your Mentor, which is separate from the Foundation Courses, and satisfy any other criteria as set forth by SFS. The CTP includes the 3 Stages of the CTP and all of the Advanced Classes in the CTP, which are taken at key stages during the program. You must also adhere to the rules and instructions in the CTP Student Handbook at all times. In order to qualify for the CTP, you must successfully complete the Foundation Courses with an overall average pass mark in excess of 90%.
3.1 The Launch Your Lab Offer
Students who purchase the Foundation Courses for $3,600 (list price $5,000) as part of the Launch Your Lab Offer will receive the Certified Lab-Tech Program (list price $1,000) and the Launch Your Lab Guidebook at no additional charge.
Students who enrolled in the Foundation Courses (FC) prior to April 2, 2020, are entitled to a $400 discount on the subsequent purchase of the CLP (list price $1,000).
Students who enrolled in the Foundation Courses (FC) prior to April 2, 2020, AND who subsequently enrolled in the CLP for $600, AND who subsequently enrolled in the CTP are entitled to a $600 discount on the costs of the CTP (list price $3,000).
No other discounts or programs apply.
Refund Policy. SFS may offer a full refund for a period not to exceed 30 days following the date of registration for the Foundation Courses (“FC Refund Period”). No refunds are available if you have accessed or watched, whether in whole or in part, thirty-one (31) or more lectures of the Foundation Courses. After the FC Refund Period, no refund is available.
SFS may offer a full refund for a period not to exceed 30 days following the date of registration for the Consultant Training Program (“CTP Refund Period”). After the CTP Refund Period, no refund is available.
Intellectual Property. Soil Foodweb School owns all rights in and to its intellectual property, including any software, firmware, source code, artwork, graphics, images, text or copy, video, audio or other information and content of or resident on its website, all of which may be protected by copyright and other intellectual property laws of the United States, foreign jurisdictions, or international treaties. No Soil Foodweb School content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, shared, used for public or commercial purposes, or downloaded in any way without the express written permission of Soil Foodweb School. Nothing in these Terms shall be deemed or interpreted as a grant of any license or right to use any intellectual property, including its trademarks or other proprietary information
Soil Foodweb School may, at its discretion, record sessions of its programs, including sessions of the CLP and CTP programs (“Recordings”). You hereby authorize Soil Foodweb School to use or publish the Recordings, in whole or in part, including for training purposes. You authorize Soil Foodweb School to publish any photographs, images, or print and digital media derived from the Recordings, as well as your name and likeness (collectively, “Images”). You understand that the Recordings and Images may be used in Soil Foodweb School’s print, online, and marketing materials and publications. You acknowledge that this consent is voluntary and expect no compensation of any type associated with the taking, use, or publication of the Recordings or Images, and the publication of the same confers no rights of ownership or royalties whatsoever. You hereby release and hold harmless Soil Foodweb School from any reasonable expectation of privacy or confidentiality with the Recordings or Images, as well as any liability from any claims by yourself or any third party in connection with your consent herein. If you join the Certified Lab Tech Program or the Consultant Training Program you will need a Gmail account to access certain files. The email address you use for this purpose will be visible to other students along with your name. By accepting these Terms and conditions, you give permission to the Soil Foodweb School to share this information.
Accounts. You will be required to establish an account to use and access the website. You are entirely responsible for maintaining confidentiality of your account information, including your username and password. You are entirely responsible for any activity that occurs on your account as a result of failing to keep such information secure and confidential. You may be held liable for losses due to someone else using your username, password, or account that result from failing to keep your account information secure and confidential. Further, when you register, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other correspondence from Soil Foodweb School.
Soil Foodweb School is not and will not be liable for any loss or damage arising from your failure to comply with these or other obligations set forth herein.
The Soil Food Web School has authorised one or more agencies to market and sell its products. Whether or not you purchase a product through an authorised agency your contract will be with the Soil Foodweb School.
Revocation, Suspension, or Termination. Soil Foodweb School reserves the right to terminate, suspend, or restrict access to your account or to the website, generally, at its discretion and for any reason, or none at all, including for violation of these Terms or its other policies.
Prohibited Uses. By using or accessing the website, you agree not to do any of the following:
(i) rent, lease, loan, sell, resell, sublicense, distribute, share or transfer any rights or permissions granted in connection with using or accessing the website;
(ii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or misrepresent the source, identity, or content of information transmitted to or via the website, or perform any other fraudulent activity;
(iii) use or access the website for any illegal purpose, or in violation of any Applicable laws;
(iv) remove, circumvent, disable, damage, or interfere with security-related features, features that prevent or restrict use or copying of any data, including content accessible through the Service, or features that enforce limitations on the use of the website;
(v) modify, adapt, translate, or create derivative works based upon the website;
(vii) interfere with or damage operation of the website by any means, including disseminating viruses, adware, spyware, worms, or malicious code, or disabling or impairing the website in any way; or
(viii) seek to gain access to the website through “hacking” or other means not expressly authorized in writing by Soil Foodweb School.
Indemnity. You agree to defend, indemnify, and hold Soil Foodweb School, its affiliates, officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, actions, demands, liabilities, or settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from your violation of these Terms or other violation of any Applicable law or rights of any third party.
Assumption of Risk. While using the website from a mobile device, please be aware of your surroundings and exercise reasonable judgment. You agree that your use of the website is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the website. It is strictly forbidden to use the website while driving. While using a vehicle, you may only access the website after you have stopped your vehicle in an appropriate location permitted by law. If you are using the website in an area where there is traffic or other potentially dangerous conditions, stop and stand in a safe place and remain stationary until you are no longer doing the same.
Warranty Disclaimer. The website is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Soil Foodweb School and its officers, directors, employees, or agents specifically (but without limitation) disclaim (I) any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; (II) any warranties arising out of course-of-dealing, usage, or trade; (III) any warranties that the information or results provided in, or that may be obtained from use of the website or will meet your requirements or be accurate, reliable, complete or up-to-date; and (IV) any warranties that the website will be uninterrupted or error-free. Your use of or access to the website is done at your own discretion and risk.
Soil Foodweb School takes reasonable measures to ensure that personally identifiable information (“PII”) of students is not disclosed. Soil Foodweb School cannot and does not, however, guarantee that PII will not be misappropriated, intercepted, deleted, destroyed or used by others. Students agree not to hold Soil Foodweb School liable for any loss or damage of any sort incurred as a result of any such disapprobation, interception, deletion, destruction or use of information provided to Soil Foodweb School.
The above limitations may not apply in whole or in part in some jurisdictions.
Limitation of Liability. To the fullest extent allowed by Applicable laws, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Soil Foodweb School or its employees, officers, directors, or agents be liable to you or any other person for any indirect, special, incidental, exemplary, punitive, or consequential damages of any kind, even if we have been advised of, knew, or should have known that such damages were possible and even if direct damages do not satisfy a remedy. Our aggregate total cumulative liability to you or anyone else for any loss or damages (including, without limitation, direct damages) resulting for claims, demands, or actions arising out of or relating to these terms will not exceed the greater of (I) $100 or (II) the amounts actually paid by you to Soil Foodweb School, in connection with your use of the website in the twelve (12) month period preceding this applicable claim, as appropriate, prorated for any partial period you use the website and/or for actual services used by the plaintiff or defendant in the claim, as appropriate, and not their affiliates, or subsidiaries. This limitation of liability reflects an allocation of risk between you and Soil Foodweb School.
The above limitations may not apply in whole or in part in some jurisdictions.
Entire Agreement. This Agreement, together with all related exhibits and schedules, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. No Third Party beneficiary rights are created by these Terms.
Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible
Modification and Waiver. SFS reserves the right to modify or amend these Terms from time-to-time at its discretion. Any such modifications shall take effect immediately upon posting to the website. If you do not agree with any changes to these Terms, you may terminate your account and stop using the website. Your continued use of the website indicates that you have read, understand, and accepted or consent to the current version of these Terms. No wavier of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Governing Law. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the United States and the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).
Authorised Users means those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services and the Documentation.
Customer means the person or business which purchases the Services from the Operator.
Customer Data means the data inputted by the Customer, Authorised Users, the Operator or HeySummit on the Customer's behalf for the purpose of using the Services or facilitating the Customer's use of the Services including blog posts of the Customer posted on the Customers website.
Documentation means the HeySummit documentation made available to the Customer online via https://heysummit.com/ or such other web address notified by Operator or HeySummit to the Customer from time to time which sets out a description of the Services and the user instructions for the Services.
HeySummit means Hey Summit Ltd registered at 71–75 Shelton Street Covent Garden London WC2H 9JQ under company number 11538852.
HeySummit Marks means any trademarks, service marks, service or trade names, logos, and other designations of HeySummit and its affiliates that we may make available to you in connection with this Agreement.
Operator means the HeySummit customer from whom the Customer has purchased the Services.
Platform means the digital resource provided by HeySummit to the Operator to allow the Operator’s Customers to run and participate in online summits.
Services means provision of the Hey Summit Platform.
Software means the online software applications provided by HeySummit as part of the Services.
User Subscriptions means the user subscriptions purchased by the Customer which entitle Authorised Users to access and use the Services and the Documentation in accordance with these terms.
Virus means any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
2.1. Subject to the Customer purchasing User Subscriptions, the restrictions set out in this clause 2 and the other terms and conditions of these terms, HeySummit hereby grants to the Customer a non-exclusive, non-transferable right, without the right to grant sublicences, to permit the Authorised Users to use the Services and the Documentation during the Subscription Term solely for the Customer's internal business operations.
2.2. In relation to the Authorised Users, the Customer undertakes that:
2.2.1. the maximum number of Authorised Users that it authorises to access and use the Services and the Documentation shall not exceed the number of User Subscriptions it has purchased from time to time;
2.2.2. it will not allow or suffer any User Subscription to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Services and/or Documentation;
2.2.3. each Authorised User shall keep a secure password for his use of the Services and Documentation, that such password shall be changed no less frequently than monthly and that each Authorised User shall keep his password confidential.
3.1. The Customer shall not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:
3.1.1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
3.1.2. facilitates illegal activity;
3.1.3. depicts sexually explicit images;
3.1.4. promotes unlawful violence;
3.1.5. is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
3.1.6. is otherwise illegal or causes damage or injury to any person or property; and HeySummit reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer's access to any material that breaches the provisions of this clause. HeySummit is not obliged to remove or recognise such content contained in any material or Customer Data and the Customer shall be fully liable for the same.
3.2. The Customer shall be responsible for ensuring that content of the Customer Data is satisfactory for publication to Third Party Social Sites and is in compliance with clause 3.3 above.
3.3. The Customer shall indemnify HeySummit against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by HeySummit arising out of or in connection actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with publication of the Customer Data.
3.4. The Customer shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these terms:
3.4.1 attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documentation (as applicable) in any form or media or by any means; or
3.4.2 attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
3.4.3 access all or any part of the Services and Documentation in order to build a product or service which competes with the Services and/or the Documentation; or
3.4.4 use the Software, Services and/or Documentation to provide services to third parties; or
3.4.5 license, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit Services and/or Documentation except as permitted under the Agreement.
3.4.6 attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, other than as provided under this clause 3; and
3.5. The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorised access or use, promptly notify HeySummit.
3.6. The rights provided under this clause 3 are granted to the Customer only, and shall not be considered granted to any subsidiary or holding company of the Customer.
4.1. The Customer acknowledges and agrees that HeySummit and/or its licensors own all intellectual property rights in the Services, Software and the Documentation. Except as expressly stated herein, the Customer is not granted any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.
4.2 All licenses granted to the Customer are conditional on the Customer’s continued compliance with these terms, and will immediately and automatically terminate if the Customer does not comply with any term or condition of this Agreement. During and after the Subscription Term, the Customer will not assert, nor will the Customer authorize, assist, or encourage any third party to assert, against us or any of HeySummit’s affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services, Software or Documentation The Customer is not allowed to use HeySummit Marks without prior written consent from HeySummit.
4.3. HeySummit confirms that it has all the rights in relation to the Services and the Documentation that are necessary to grant all the rights it purports to grant under, and in accordance with, the terms of these terms.
These terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).