POOSH YOUR WELLNESS TERMS AND CONDITIONS OF ATTENDANCE AND PARTICIPATION
Please read this Poosh Your Wellness 2022 Terms and Conditions of Attendance and Participation (“PYW Terms”) carefully. These are the terms and conditions governing your participation in the Poosh Your Wellness
virtual event to be held on Sunday, February 27, 2022 (the “PYW Event”). By registering for the PYW Event you agree to: (a) these PYW Terms; (2) Poosh’s privacy policy, available at https://poosh.com/privacy/;
and (3) the Poosh terms of use, available at https://poosh.com/terms-of-use/ (“Terms of Use”). The PYW Terms, together with Terms of Use, form a binding legal
contract between Poosh, LLC (“Poosh”) and the registered participant (“you” or “Participant”). You may only register for the PYW Event on behalf of yourself.
You may not register for the PYW Event on behalf of any other individual or third party.
Poosh may, in its sole discretion, modify or revise the PYW Terms at any time and without notice to you. Your continued participation in the PYW Event signifies your agreement to such modifications or revisions. You are advised to periodically
review the most up-to-date version of the PYW Terms by visiting https://poosh.com/pyw-terms-and-conditions/.
You affirm that you are either 18 years of age or older, and are fully able and competent to enter into, abide by and comply with these PYW Terms.
1. PARTICIPANT REQUIREMENTS
- Access. Your registration entitles you to access the PYW Event, which will be held on the YouTube platform. Any costs associated with your attendance shall be borne solely by you, and PYW Event shall have no liability for
such costs.
- Use of Likeness. By participating in the PYW Event you hereby grant Poosh the irrevocable right to record, transcribe, modify, perform, reproduce, display, distribute and transmit in any form and for any purpose your name,
company name, voice, picture, photograph, portrait and other reproductions of your likeness (collectively, your “Image”) at the PYW Event in connection with any advertising or promotional content and materials, and
for any other lawful purpose including by posting on public websites without any compensation to you. However, Poosh is not obligated to make any use of your Image, or exercise any of the rights granted to it. You also agree that your Image
may appear in photos of the PYW Event that are made available to you, other attendees of the PYW Event, and the public, and Poosh may retain and distribute those photos.
- PYW Event Content. You acknowledge and agree that Poosh, in its sole discretion, reserves the right to change any and all aspects of the PYW Event, including but not limited to, the PYW Event name, themes, content, program,
speakers, performers, hosts, moderators, venue, and time. PYW Event content shall be recorded by Poosh and may be accessible to paid Participants.
2. PROHIBITED CONDUCT
- Limitations on Use. By registering for a PYW Event pass you agree not to sell, trade, transfer, or share your registration code, link, or other information. By registering for a PYW Event Pass, you agree not to share, sell
or trade your access to the PYW Event. If Poosh determines that you have violated this policy, Poosh may cancel your access, retain any payments made by you, report you to law enforcement authorities, and ban you from future events organized
by Poosh.
- Recording, Live Streaming, and Videotaping. Participants may not record or broadcast audio or video of sessions at the PYW Event.
- Unethical/Non-Compliant Business Practices. Poosh reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non-compliant business practices.
- Removal of Participants. You acknowledge and agree that Poosh reserves the right to remove you from the PYW Event if Poosh, in its sole discretion, determines that your participation or behavior creates a disruption or
hinders the PYW Event or the enjoyment of the PYW Event content by other attendees. In addition to the requirements and prohibitions set forth in this Section 2, Poosh may also exclude any prospective participant from registering for or
participating in any PYW Event, in Poosh’s sole discretion.
3. FEES AND REGISTRATION
- Registration. You may register for a General Admission pass to the PYW Event at no charge at https://poosh.com/poosh-your-wellness/ or for a VIP pass to the PYW
Event by purchasing a VIP ticket for three hundred forty-nine U.S. dollars (US $349) at shop.poosh.com. Each participant will receive a virtual gift bag, and each VIP participant will receive a physical gift bag with Poosh-curated products, as
well as access to a private, password protected Zoom meet and greet with members of the Poosh team. A more detailed description of each type of pass is available at https://poosh.com/poosh-your-wellness/.
Note that if you are an international participant with a VIP pass (i.e., you provide us with a contact address outside the United States), you are not eligible to receive a virtual or physical gift bag, but will have access to all
content/programming made available with your pass.
- Payment. The payment for a VIP pass for the PYW Event is due upon registration. If such payment is insufficient or declined for any reason Poosh may refuse to allow you to access the PYW Event and shall have no liability in
that regard.
- Taxes. The fees may be subject to sales tax, value added tax, or other taxes and duties which, if applicable, will be charged to you in addition to the fees.
4. CANCELLATION
- Changes to Program. As speakers are confirmed months before the PYW Event, some speaker changes or topic changes may occur in the program. Poosh is not responsible for speaker changes, but will work to ensure a
comparable speaker is located to participate in the program.
- Cancellation. Cancellations are subject to the entire PYW Event registration fee. All sales are final. No payments will be refunded or refundable. Please note that if you do not cancel and do not access the PYW Event,
you are still responsible for payment. In no event shall Poosh be obligated to refund all or a portion of the registration fee.
- Force Majeure. If Poosh is prevented from carrying out its obligations as it pertains to the PYW Event you registered for as a result of any cause beyond its control, or such PYW Event cannot be virtually conducted
because of a software or issue with the hosting platform or due to acts of God, strikes, labor disputes, government requisitions, restrictions or war or apparent act of war, terrorism, disaster, civil disorder, epidemic or pandemic,
curtailment or restriction on transportation facilities, or any other comparable calamity, casualty or condition (collectively a “Force Majeure”) Poosh shall have the right to immediately terminate the PYW Event
without liability and shall be relieved of its obligations to Participant. If the affected PYW Event is terminated due to a Force Majeure occurrence before the first day of the PYW Event, then Poosh will use reasonable efforts to reschedule
the PYW Event and your registration fee will be applied to the rescheduled PYW Event.
5. PYW EVENT COMMUNICATIONS
- Registration. 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 in case any of your PYW Event email(s) are caught by spam filters.
- Communications from Poosh. You will receive essential information for registered attendees electronically at the email address and mailing address that are provided on your registration form. In addition, you will also
be added to the PYW Event participant list for notifications of future PYW Events. 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.
- Communications from Sponsors. If you attend one (1) or more virtual sessions sponsored by presenters or partners of Poosh and have opted in to receive communications from our sponsors, you authorize Poosh to share your
registration information with such sponsors and agree to receive communications from them, which are subject to each sponsor’s privacy practices, including such sponsor’s privacy statement or policy. Communications from a sponsor
will be subject to that entity’s privacy practices, including its privacy statement or policy.
- Web-Enabled Technologies. Poosh may also track your attendance to and participation in virtual sessions and other activities during the PYW Event, using web-enabled technologies, including but not limited to, Bluetooth
beacons and near field communications technologies (collectively, “Web-Enabled Technologies”). Poosh uses Web-Enabled Technologies to gauge interest in sessions and other activities by attendees as well as
communicate with you regarding Poosh products and services during the PYW Event. For further information on how Poosh uses your information and data, please visit https://poosh.com/privacy/.
6. DISCLAIMERS AND ASSUMPTION OF RISK.
- Third-Party Services. The PYW Event will be accessible through the YouTube platform, and as part of your participation In the PYW Event, you may have access to additional third-party services and content (including
advertising) that Poosh does not control. You acknowledge that different terms of use and privacy policies may apply to your access to and use of such third-party services and content, including the YouTube terms of use
(https://www.youtube.com/static?template=terms) and privacy policy (https://policies.google.com/privacy). Poosh does not endorse such third-party services and content and in no event will Poosh be responsible or liable for any products or
services of such third-party providers.
- Disclaimer of Warranties. Poosh has made no, and does not make any, representations to you regarding the suitability, condition, reliability or safety of the YouTube platform for accessing the PYW Event virtually,
services, products or equipment involved in the PYW Event sessions or activities, or products that may be provided to you in connection with the PYW Event (including as part of the physical gift bag for VIP participants, as applicable). You
acknowledge and agree that no warranties or representations have been made to you regarding the results You will achieve from participation in the PYW Event or use of any products provided to you in connection therewith (if applicable).
- Assumption of Risk. You understand that participation in the PYW Event is voluntary and carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Further, there may
be other risks not known to you or reasonably foreseeable at this time. You understand that as a result of your participation in the PYW Event or through your use of any products provided to you in connection therewith, you could suffer an
injury, allergic reaction or medical or other physical disorder that could result in your becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life. You understand and have
evaluated the nature and extent of the risks involved, and you voluntarily and freely choose to assume these risks. You acknowledge and agree that the PYW Event or any products provided to you in connection therewith (if applicable), may
include testing a product that is a food or other ingestible that is not intended for use by persons under 18 years old or persons who are pregnant or nursing. In such cases, you recognize that you should consult with your healthcare provider
and stop consuming the product if you notice any adverse or unusual symptoms. You further acknowledge that you are responsible for considering your medical needs, pre-existing conditions and medical history (including any allergies) in
connection with your participation in the PYW Event or use of any products (if applicable). You recognize that examination by a physician should be obtained prior to your involvement in the PYW Event or before using any products provided to
you in connection with the PYW Event (if applicable). If you choose not to obtain a physician’s permission prior to beginning the PYW Event, you hereby agree that you are doing so at your own risk.
7. RELEASE AND LIMITATIONS OF LIABILITY.
- YOU, ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNED AND NEXT OF KIN, FULLY AND FOREVER RELEASE AND DISCHARGE THE POOSH PARTIES FROM ANY AND ALL INJURIES
(INCLUDING BUT NOT LIMITED TO DEATH), LOSSES, DAMAGES, CLAIMS (INCLUDING BUT NOT LIMITED TO NEGLIGENCE CLAIMS), DEMANDS, LAWSUITS, EXPENSES, AND ANY OTHER LIABILITY OF ANY KIND, OF OR TO YOU, YOUR PROPERTY, OR ANY OTHER PERSON, DIRECTLY OR
INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PYW EVENT OR USE OF ANY PRODUCTS PROVIDED TO YOU IN CONNECTION THEREWITH (IF ANY), EVEN IF IT IS DUE TO THE NEGLIGENCE, INJUDICIOUS ACT, OMISSION, OR OTHER FAULT OF A
RELEASED PARTY. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST POOSH OR ANY OTHER POOSH PARTY, AND FOREVER RELEASE AND DISCHARGE POOSH AND ALL OTHER POOSH PARTIES FROM LIABILITY UNDER SUCH CLAIMS. WITHOUT LIMITING THE FOREGOING,
POOSH’S MAXIMUM POTENTIAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES OR LIABILITIES IN CONNECTION WITH THE PYW EVENT WILL BE LIMITED TO THE AMOUNT THAT YOU PAID FOR ADMISSION TO THE PYW EVENT. YOU ARE FAMILIAR WITH AND HEREBY WAIVE THE
PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND SIMILAR PROVISIONS OF OTHER JURISDICTIONS) WHICH PROVIDES AS FOLLOWS:
“A general release does not extend to claims which the creditor does not know or expect to exist in
his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
8. ACCEPTANCE.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE PYW TERMS CLOSELY AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN. BY REGISTERING AND PARTICIPATING IN the PYW EVENT, YOU ARE WAIVING ANY RIGHT YOU OR
YOUR SUCCESSORS MIGHT HAVE TO BRING LEGAL ACTION OR ASSERT A CLAIM AGAINST POOSH OR ANY OTHER POOSH PARTY. BY PURCHASING A TICKET AND/OR REGISTERING FOR THIS EVENT, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND POOSH’S PRIVACY POLICY AND
CONSENT TO POOSH’S SHARING OF INFORMATION AS SET FORTH IN THAT PRIVACY POLICY AND HEREIN IN THESE PYW TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR
PARTICIPATION IN THE PYW EVENT IS SUBJECT TO THE POOSH TERMS OF USE. IN THE EVENT OF A CONFLICT BETWEEN THESE PYW TERMS AND THE TERMS OF USE, THE PROVISIONS
OF THESE PYW TERMS SHALL GOVERN.
8. CONTACT.
Please contact us at [email protected] with any questions or concerns regarding the PYW Event.
