By purchasing a ticket for admission to the event identified on the purchase page (the “In-Person Event”), you are agreeing to the following terms and conditions (the “Agreement”). If you do not understand or do not accept the terms of this Agreement, please do not purchase a ticket to this In-Person Event. If you have questions, please contact us at events@semiretiredmd.com.
This Agreement is entered into and effective as of the time of purchase by and between the purchaser (“you” or “Attendee”), and Taikun LLC, doing business as Semi-Retired MD (the “we” or “Company”), having an address of 53 CALLE PALMERAS, SUITE 601, SAN JUAN, PR, 00901.
The headings in this Agreement are for ease of reading and reference only and are not intended to be a part of or affect any term or condition of this Agreement.
In consideration of the Attendee’s purchase with regard to the In-Person Event, it is agreed as follows:
1. Payment
a. Admission Cost. In consideration for the services made available by the Company to the Attendee in connection with the In-Person Event, as described on the purchase page (collectively, the “Services”), the Attendee agrees to pay the In-Person Event admission fee listed at the time of purchase, as a one-time payment (the “Admission Cost”).
b. Payment Processing. If the Attendee provides the Company with bank/credit/debit card(s) information and/or other banking and financial information for the payment of the Admission Cost, the Company shall be authorized to charge the Attendee’s card(s) or account(s) for any unpaid charges.
c. Payment Disputes. The Attendee agrees to not dispute any charges at any time. In the event that the Attendee inadvertently disputes a charge made to the Company, the Attendee agrees to immediately cancel/withdraw such a dispute. The Attendee agrees not to cancel the credit/debit card that is provided for payment without the Company’s prior written consent. Attendee is responsible for any fees, including attorney’s fees, associated with recouping disputed payment and any collection fees associated thereto.
d. Third-Party Provider. The Attendee acknowledges and agrees that the Company does not operate, own, or control the payment provider it uses, and the Attendee’s use of any payment provider is subject to the terms and privacy policies of that payment provider. The Attendee agrees that the Company is not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or the Attendee’s failure to timely or properly provide any requested information for payment.
2. Transportation, Lodging and Accommodations
The Admission Cost does not include transportation to or from the In-Person Event, nor accommodations, lodging or unlisted meals during the In-Person Event, unless expressly indicated otherwise by the Company in writing.
You understand that you are responsible for arranging and paying for your own transportation, accommodation and meals before, after and during the In-Person Event, and will not be reimbursed for any such expenses by the Company.
In the event that a block of rooms is made available to In-Person Event attendees for reservations, the Company makes no guarantees as to the availability or quality of such accommodations or the quality of service. The Attendee hereby releases the Company from any liability as it relates to the accommodations and services connected thereto.
3. In-Person Activities
By participating in any and all activities during the In-Person Event, the Attendee acknowledges and confirms that the Attendee does not have any physical limitations, medical ailments, or physical or mental conditions or disabilities that would limit or prevent such Attendee from participating in the activities. If necessary, the Attendee will be solely responsible for obtaining a medical examination and clearance to participate in said activities.
The Attendee hereby releases the Company from any liability stemming from personal property loss, injury, and/or death that the Attendee may sustain while attending the In-Person Event and/or participating in its activities.
Please note that vaccination is not required to attend the Live Event. All attendees are encouraged to responsibly wear masks whenever possible in advance of the In-Person Event, especially during travel and aboard shared or public transportation, to reduce the likelihood of infection and unintentional spreading of disease upon arrival. All attendees are strongly encouraged to wash their hands frequently and maintain social distancing whenever possible.
4. Submissions and Recordings.
During or after the In-Person Event, the Attendee may submit feedback, suggestions, and testimonials to the Company (collectively, “Submissions”), and the Company may make photo, video, audio or audiovisual recordings of the Attendee participating in the In-Person Event (collectively, “Recordings”).
The Company shall be the sole and exclusive owner of the Recordings. Attendee acknowledges and agrees that Company has the permission to use the Submissions and Recordings (including the Attendee’s name, image and likeness therein), in whole or in part, for the advertising, marketing, publicity, and promotion of Company and its goods and services, and all other commercial business purposes, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Submissions and Recordings, and to publish Attendee’s name in connection with such Submissions and Recordings.
No compensation will be paid to the Attendee with respect to the use of any Submissions or Recordings as provided herein by the Company. Company is under no obligation to post or use any Submissions or Recordings and may remove any Submissions or Recordings at any time at the Company’s sole discretion.
Attendee certifies that Submissions are accurate and truthful and reflect Attendee’s personal experiences and honest beliefs, and all Submissions are submitted by Attendee of Attendee’s own free will.
If you do not wish for your Recordings to be used by the Company, you may expressly opt out by using the opt-out method determined and provided by the Company at the In-Person Event, which could include, without limitation, using a special-colored lanyard or admission pass. Please check with the Company’s representatives at the beginning of the In-Person Event for the applicable opt-out method. Please note that exercising your opt-out right does not prevent the Company from making or using Recordings of groups of people where you are featured but not identifiable.
5. Termination, Cancellations and Refunds
The Attendee’s inability to attend the In-Person Event is not grounds for any refunds, partial or otherwise, unless a cancellation and refund is requested in accordance with our refund policy at https://semiretiredmd.com/semi-retired-refund-policy/.
In the event that the Attendee engages in abusive or unprofessional behavior at the In-Person Event towards representatives of the Company, speakers or other Attendees, the Company reserves the right to remove the Attendee from the In-Person Event without warning or refund. The removed Attendee will remain obligated to pay all remaining unpaid fees in full.
The Attendee acknowledges and agrees that the Company reserves the right to change any and all aspects of the In-Person Event in its sole discretion, including but not limited to the In-Person Event name, themes, content, program, speakers, performers, hosts, moderators, venue, and time. The Attendee’s failure to effectively participate in the In-Person Event is not a valid ground for a refund.
The Company may decide to terminate this Agreement at any time. In the event that the Company decides to do so before the start of the In-Person Event, the Company shall release the Attendee from any further financial obligation under the Agreement and will provide a refund if the Attendee has paid in full. This does not include termination due to force majeure, as defined hereinbelow.
The Attendee understands that disputing a charge through his or her financial institution or payment service provider is a violation of this Agreement and agrees not to do so.
6. Force Majeure
Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of the Company that materially affects the Services to be provided by the Company, including:
a. Any natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
b. War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or
c. Any hazardous situation created outside the control of either party, such as government order or law, riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.
In the event that this section applies, the Company will be permitted to make a reasonable effort to reschedule the In-Person Event as needed in order to comply with the terms of this Agreement; however, it will not be found in breach if this is not possible due to the circumstances.
7. No Guarantees; Disclaimers.
a. No Guarantee of Outcomes. The Company cannot and does not guarantee any outcome as a result of attending the In-Person Event and/or participation in the In-Person Event. We make no guarantees other than that the Services shall be provided to you in accordance with this Agreement. Attendee acknowledges that the Company cannot guarantee any results of the In-Person Event as such outcomes are based on subjective factors (including, but not limited to, Attendee’s participation) that cannot be controlled by the Company. Any testimonials or reviews shared by the Company are not a representation of guaranteed results, only possible results. Attendee not achieving his or her desired results is not grounds for a refund. To the fullest extent permitted by law, Attendee acknowledges and agrees that Company has not made any representations or warranties (whether by statute, common law, custom, usage or otherwise) regarding the accuracy or completeness of the Services, and that Company specifically disclaims any and all express and implied warranties. Attendee accepts personal responsibility for the results of Attendee’s actions. Attendee agrees to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Services.
b. Third Parties. The Company may make available to the Attendee affiliate links under which the Company may benefit monetarily. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
From time to time, and upon the Attendee’s request, the Company may provide the Attendee with recommendations or referrals for third-party service providers. The Company in no way guarantees the quality of service provided by any third parties and bears no liability with respect to such service or experience.
Attendee acknowledges and agrees the Company is not responsible or liable for any views expressed or content given by any third-party speakers or panelists present at the In-Person Event.
c. Disclaimers. Attendee acknowledges and agrees that the Company is not in the business of providing personal, financial, tax, medical, legal or investment advice and specifically disclaims any liability, loss or risk, which is incurred as a consequence, either directly or indirectly, by the use of Services or any of the information contained in the Services. The Company does not provide any legal, accounting, securities, investment, tax or other professional services advice and the Services are not intended to be a substitute for meeting with professional advisors. If legal advice or other expert assistance is required, the services of competent, licensed and certified professionals should be sought. In addition, the Company does not endorse any specific investments, investment strategies, advisors, or financial service firms.
Attendee understands that the information presented in the In-Person Event is not legal, financial, therapeutic, mental health, or medical advice, and the Company is not a law firm. All of the information provided throughout the In-Person Event and the Services, including the resources delivered via phone/video conference, e-mail, in the online forum, webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only.
If a representative or individual acting on behalf of the Company within the In-Person Event or other programming is licensed in some professional manner (JD,MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), the Attendee understands that these individuals are not acting within their capacity as a licensed professional(s).
8. Intellectual Property and Confidentiality
The Services may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, trade secrets, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained in the Services shall be the exclusive ownership of the Company.
You may use the Services, Intellectual Property and Confidential Information only for the purpose as provided, for informational, personal and non-commercial purposes and for no other purpose. No materials from the Services, Intellectual Property or Confidential Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the Company’s prior written permission. You may not copy or distribute any graphics from the Services, Intellectual Property or Confidential Information separately from their accompanying text, and you may not quote materials out of their context. All rights not expressly granted herein are hereby reserved by the Company.
Attendee agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on the Company’s Intellectual Property (including any and all content) or that in any way violates the Company’s Intellectual Property, without Company’s written consent. No recordings of the In-Person Event may be captured, distributed or otherwise used by Attendees without the written consent of the Company, except for photos and video recordings of no more than one minute in length per clip, captured by the Attendee and used solely for the Attendee’s personal and non-commercial purposes, such as posting on the Attendee’s social media account(s), with proper attribution to the Company. Any unauthorized use of the materials from the Services may violate confidentiality, copyright, trademark, patent, and/or other applicable laws and could result in criminal or civil penalties. The Company reserves the right to request takedown and deletion of any recordings captured, distributed or otherwise used by the Attendee in violation of the above, in addition to any other recourses available.
You retain ownership of any intellectual property rights that you hold in your Submissions. You agree to give the Company a royalty-free, perpetual, sublicensable, irrevocable and worldwide license to use, host, store, reproduce, modify, translate and otherwise act with respect to such Submissions to enable the Company to operate and improve its services.
9. Non-Disparagement
You agree that you shall not, on your own behalf or on behalf of another, either alone or in combination with others, directly or indirectly, in any capacity whatsoever, make any statements, or take any other actions whatsoever, online or offline, to defame, slander, disparage, or otherwise call into disrepute the Company or its business, clients, subsidiaries, affiliates, successors, assigns, officers, key employees or directors.
10. Other Remedies and Continuing Obligations
In the event that the Attendee breaches any of the terms contained herein, the Attendee agrees that said breach will result in immediate and irreparable harm to the business and goodwill of the Company and that damages, if any, and remedies at law for such breach would be inadequate. In addition to any and all such remedies available to the Company, the Company shall, therefore, be entitled to apply for and receive from any court of competent jurisdiction an injunction to restrain any violation of this Agreement and for such further relief as the court may deem just and proper. Attendee agrees to pay or reimburse the Company for all costs and expenses incurred by the Company, its affiliates, and any of its respective officers, directors, shareholders, members, managers, principals, employees, agents, and representatives (the “Related Parties”) in enforcing any breach.
The obligations, duties and liabilities of the parties pursuant to Sections and of this Agreement are continuing, absolute and unconditional and shall remain in full force and effect as provided therein despite any expiration or termination of this Agreement for any reason whatsoever.
11. Personal Information and Privacy
The Company is committed to protecting and respecting your privacy, and will only use any personal information submitted by you in accordance with the Company’s privacy policy, located at https://semiretiredmd.com/terms_of_use_privacy_policy/ (the “Privacy Policy”). By making a purchase, you agree that the Company can use your personal data in accordance with the Privacy Policy.
12. Warranties
Attendee represents, warrants, and covenants that the Attendee has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Attendee’s obligations or duties, whether performance is due now or during the term of this Agreement.
Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
13. Limitation of Liability
In no event shall the Company have any liability to Attendee for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not the Company has been advised of the possibility of such damage.
To the extent permitted by law, in no event shall the Company’s liability to the Attendee exceed one hundred percent (100%) of the Admission Cost paid by the Attendee under this Agreement, whether in contract, tort, or under any other theory of liability.
14. Entire Agreement; Modification
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.
No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
15. Neutral Construction
This Agreement was prepared by the Company and/or the Company’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against the Company merely because they were prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
16. Assignment
This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that the Attendee may not assign any of its rights under this Agreement without the Company’s prior written consent.
17. Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
TAIKUN LLC
53 Calle Palmeras, Suite 601, San Juan, PR, 00901
events@semiretiredmd.com
To Attendee at Attendee’s mailing and/or e-mail address provided at the time of purchase.
Any party may change its address for purposes of this Section by giving the other parties written notice of the new address.
18. Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed in accordance with the laws of Puerto Rico and the laws of the United States of America applicable therein. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights and/or obligations of confidentiality (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the rules of the American Arbitration Association (“AAA”) by one arbitrator appointed in accordance with AAA. The arbitration shall take place in San Juan, Puerto Rico, in the English language, and the arbitral decision shall be final, binding and without appeal, and may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
19. Severability
Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.
Both parties understand that consent transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect under law as an original handwritten signature in ink.