TERMS AND CONDITIONS
IOWA SAFE SCHOOLS is proud to produce Event/Products, products, and courses in-person and virtually, collectively referred to herein as the “Event/Product(s)”.
These IOWA SAFE SCHOOLS Participation and Credentials Terms and Conditions (the “Terms”) apply to (i) you and any individual or entity that you are engaging in a transaction on behalf of to participate in any IOWA SAFE SCHOOLS Event/Products (“you” “your” or “Participant”), (ii) such Participant’s application for involvement in the Event/Products (“Application(s)”) and (iii) Participant’s registration, attendance, participation, and/or enrollment, including, without limitation, purchase and/or possession of any IOWA SAFE SCHOOLS Event/Product entry or access credentials or permissions whether physical or digital, badges, tickets, passes, and giveaways (Wristbands, tickets, passes, course registrations, conference and Event/Product registrations, permissions and badges are collectively referred to herein as “Credentials”). By clicking “I Agree to the Above Terms & Conditions” below, by using any other electronic mechanism presented to signify acceptance, or by obtaining Credentials you acknowledge and agree to these Terms.
NOTICE REGARDING LIABILITY, ARBITRATION, AND CLASS ACTION WAIVER
These Terms contain important information regarding limitations of our liability, your indemnification obligations, the law governing, and mandatory dispute resolution procedures related to, your Credentials, application and/or participation in the Event/Product(s). These Terms also include a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than lawsuits in court and jury trials.
1. Applicable Terms. The Credentials you selected for purchase are for an Event/Product, and only the terms concerning the type of Event/Product(s) you selected apply.
2. Official IOWA SAFE SCHOOLS Credentials and Applications.
a. Credentials. IOWA SAFE SCHOOLS, its agents and representatives are the sole creators, sellers and distributors of IOWA SAFE SCHOOLS Credentials. Any Credentials not created by and legally acquired from IOWA SAFE SCHOOLS or its authorized agents or representatives will be considered fraudulent and invalid, and subject to revocation. IOWA SAFE SCHOOLS reserves the right to pursue any and all legal action or remedy available against any person or entity involved in the actual or attempted creation, dissemination or use of an unauthorized Credential.
b. Applications. Any application forms, submission requests, proposals or other offers not located on official IOWA SAFE SCHOOLS channels are not official IOWA SAFE SCHOOLS applications and will not be considered or fulfilled.
3. Refund & Revocation Policy.
a. All Credentials are the sole property of IOWA SAFE SCHOOLS. As always, if Participant violates these Terms (and/or any terms cross-referenced herein), IOWA SAFE SCHOOLS has the right, in its sole discretion and at any time determined by IOWA SAFE SCHOOLS, to cancel, revoke, or refuse all transactions with any individual or entity, including, without limitation, Credentials and/or purchases. IOWA SAFE SCHOOLS will not be responsible for any penalty, fee, loss, or expense incurred by Participant that might result from such action, regardless of whether such penalty, fee, loss or expense was foreseeable or IOWA SAFE SCHOOLS was advised of the same.
b. IOWA SAFE SCHOOLS does not issue refunds under any circumstances, including, without limitation, for Application fees or Credentials transactions. Any and all payments made to IOWA SAFE SCHOOLS are not refundable for any reason, including, without limitation, failure or inability to use Credentials due to illness, acts of God, public health crisis, disease, virus, pandemics, epidemics, government restrictions or shut downs, earthquakes, hurricanes, floods, other natural disasters, wars, riots, insurrections, civil unrest, acts or threats of terrorism, cyber-attacks, government actions, travel-related problems, loss of employment and/or duplicate purchases. IOWA SAFE SCHOOLS will not issue refunds, deferrals or credits for Credentials that have been revoked.
c. If an Event/Product is canceled in its entirety for any reason, then you may defer your Credentials to the next IOWA SAFE SCHOOLS Event/Product of the same type for which your Credentials were purchased. If an Event/Product is canceled in its entirety for any reason, you further agree that aside from obtaining a deferral credit for your Credentials, you will have no remedy against IOWA SAFE SCHOOLS, at law, in equity or otherwise, including, without limitation, for a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages of any kind, regardless of whether such loss or damage was foreseeable or IOWA SAFE SCHOOLS was advised of the same.
d. If an Event/Product in its entirety is postponed for any reason, your Credentials will be valid for the rescheduled dates in the same calendar year for such Event/Product. If an Event/Product in its entirety is postponed for any reason, you further agree that aside from your Credentials being valid for the rescheduled dates, you will have no remedy against IOWA SAFE SCHOOLS, at law, in equity or otherwise, including, without limitation, for a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages of any kind, regardless of whether such loss or damage was foreseeable or IOWA SAFE SCHOOLS was advised of the same.
e. Unused Credentials have no monetary value and cannot be credited to future years or Event/Products unless the Event/Product in its entirety is canceled or postponed and you defer your Credentials to the next scheduled Event/Product.
f. IOWA SAFE SCHOOLS will not issue refunds or credits due to failure to redeem a discount coupon during the registration or application process.
g. Discounted Credentials prices are based on the date payment is received by IOWA SAFE SCHOOLS. Prices are subject to change at any time with or without notice.
h. Lost or stolen Credentials will not be replaced. If Credentials are lost or stolen, new Credentials will need to be purchased at the full price in effect at that time for a Participant’s continued access to the Event/Products, including, without limitation, showcases, parties and conference content.
i. Use of Credentials by anyone other than the authorized individual will result in revocation of the Credentials without a refund.
4. Credentials Transfer Policy. IOWA SAFE SCHOOLS Credentials are issued to, can be picked up by, and used by only the Participant named in the registration.
a. Up to fourteen (14) days prior to the start date of an Event/Product, IOWA SAFE SCHOOLS will accept a request to transfer Credentials by changing the Participant name on IOWA SAFE SCHOOLS Credentials for a processing fee of $25.00 USD per Credential transferred.
a(2). For the Annual Governor’s Conference on LGBTQ Youth, this fee is not applicable.
b. Within thirteen (13) days of the start date of an Event/Product, the Participant name change processing fee will be $50.00 USD per Credential transferred. Event/Product Credentials are non-transferable after they have been picked up.
b(2). For the Annual Governor’s Conference on LGBTQ Youth, this fee is not applicable.
c. Credentials may not be transferred and name changes will not be made after Credentials have been issued.
d. Notwithstanding the provisions above, Credentials are non-transferrable.
5. Entry and Restrictions. IOWA SAFE SCHOOLS Credentials allow the Participant entry or other access to specific defined Event/Products, but do not guarantee admission or other access to all elements of an Event/Product. Event/Product admission and participation are subject to certain limitations, including, without limitation, venue capacity, geo-blocking, technical limitations and age restrictions in compliance with state and local laws. Age restrictions and capacity are specific to each venue and are set by relevant local, state and federal authorities. Venues may each have their own restrictions limiting entry unless Credential holder complies with certain Venue policies (e.g., masking), or restricting entry with certain foods, beverages, or other items such as chairs or bags that are non-transparent or do not fit specified dimensions.
6. Content Use; Anti-Piracy.
a. Participant is strictly prohibited from copying, republishing, downloading, transmitting, modifying, renting, leasing, loaning, selling, assigning, distributing, recording, licensing, sublicensing, reverse engineering, or creating any derivative works based on any content delivered by IOWA SAFE SCHOOLS as part of the Event/Products, or otherwise using any Event/Product content in a manner that does not comply with these Terms, the IOWA SAFE SCHOOLS Terms of Use, any applicable laws or regulations, or other content usage guidelines provided by IOWA SAFE SCHOOLS in writing, unless Participant has obtained express permission from IOWA SAFE SCHOOLS and any applicable rightsholder(s).
b. Participant agrees to not use any device, software, internet site, web-based service, or other means to remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Event/Product content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Event/Product content, including, without limitation, any applicable geo-filtering mechanisms.
7. Image Release. Photographs and/or audio/video recordings taken at the Event/Products by IOWA SAFE SCHOOLS, or others on behalf of IOWA SAFE SCHOOLS, may include Participant’s image, name, voice and/or likeness. By attending and/or participating in the Event/Products, Participant hereby grants IOWA SAFE SCHOOLS permission to perpetually use, and to sublicense to third-parties, Participant’s photograph, image, likeness, voice and statements (whether in writing or orally) for any purpose, including, without limitation, commercial purposes, without compensation or credit to the Participant, in any and all media, worldwide, now known or hereafter devised.
8. IOWA SAFE SCHOOLS Lost and Found. IOWA SAFE SCHOOLS is not responsible for lost or damaged items. As a courtesy only, and without assuming any legal duty or liability, a Lost and Found may be located at Registration during the Event/Products, which is where Participants may drop off found items. After three (3) days following the Event/Product, unclaimed lost and found items may be disposed of at IOWA SAFE SCHOOLS’s discretion.
9. Code of Conduct. Participant hereby agrees to the Code of Conduct applicable to the Event/Product Credentials Participant is purchasing or using, which is incorporated herein by this reference.
1. IOWA SAFE SCHOOLS is not a place for behavior that is inappropriate, off-topic, disruptive, abusive, or illegal.
2. IOWA SAFE SCHOOLS defines inappropriate behavior as conduct or action that violates IOWA SAFE SCHOOLS’s policies or protocols (including those pertaining to health and safety), or undermines the spirit of IOWA SAFE SCHOOLS, including any form of written, verbal or physical abuse or threats, illegal or disruptive activity, the use of derogatory or discriminatory language, gestures or actions, any form of harassment, racism, sexism, or any other targeted comments which may violate any local, state or federal laws or cause harm to another IOWA SAFE SCHOOLS participant, whether before, during or after IOWA SAFE SCHOOLS events. This Code of Conduct also applies to conduct that take place while engaging in any online aspect of the events, or any other method of communication.
3. IOWA SAFE SCHOOLS may take action in its discretion to address any individual(s) or group(s) it believes fail to meet the standards set forth in this Code of Conduct, including, without limitation, revoking the violating parties’ credentials without refund.
4. During in-person events IOWA SAFE SCHOOLS expects that all attendees of our events follow public health guidelines related to safety, hygiene and communicable illnesses (including COVID-19).
5. Please contact IOWA SAFE SCHOOLS if you believe you’ve observed or experienced a violation of this Code of Conduct, and IOWA SAFE SCHOOLS will work to assess the situation and to respond as soon as possible. Notifying IOWA SAFE SCHOOLS does not constitute or replace a notification to local law enforcement.
6. All suspected violations of the law should be reported to local law enforcement. For emergencies, immediately dial 9-1-1.
7. If IOWA SAFE SCHOOLS determines that a Participant violated the IOWA SAFE SCHOOLS Code of Conduct, IOWA SAFE SCHOOLS reserves the right, in its sole discretion, to revoke that Participant’s Credentials without refund, deferral, credit, or further responsibility to Participant.
10. Weapons-Free Policy. IOWA SAFE SCHOOLS is a private Event/Product and maintains a Weapons-Free Policy for all Event/Products, which is incorporated herein by this reference, and Participant agrees to its terms. IOWA SAFE SCHOOLS reserves the right, in its sole discretion, without refund, deferral or credit to Participant, to deactivate and/or revoke the Credentials of a Participant if such Participant violates this Weapons-Free Policy. Participant agrees that this policy is in force, and agrees to comply with the policy, regardless of the terms of any signs posted on the premises or venue of any Event/Product. IOWA SAFE SCHOOLS Event/Product(s) are considered private events and attendees are not permitted to carry weapons of any kind, or anything that may be construed by IOWA SAFE SCHOOLS to be a weapon, onto the premises of any official IOWA SAFE SCHOOLS events, including at venues such as hotels, restaurants, theaters, and/or temporary event spaces.
11. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK. PARTICIPANT UNDERSTANDS AND AGREES THAT PARTICIPATING IN THE EVENT/PRODUCTS IS VOLUNTARY AND MAY INVOLVE CERTAIN RISKS OF PHYSICAL INJURY, DAMAGE TO PROPERTY, WHETHER PHYSICAL PROPERTY OR INTELLECTUAL PROPERTY, AND OTHER DAMAGES OR LOSSES THAT MAY BE SUSTAINED BY PARTICIPANT, AND PARTICIPANT ASSUMES ALL RISK OF DAMAGE, PROPERTY LOSS, AND/OR PERSONAL INJURY WHICH MAY OCCUR AS A RESULT OF PARTICIPATING IN THE EVENT/PRODUCTS, INCLUDING, WITHOUT LIMITATION, EXPOSURE TO CDC IDENTIFIED PANDEMIC LEVEL COMMUNICABLE ILLNESSES (INCLUDING COVID-19). PARTICIPANT HEREBY RELEASES IOWA SAFE SCHOOLS, ITS OWNERS, ITS SPONSORS AND ITS OFFICIAL VENUES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, MANAGERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, SUPPLIERS AND REPRESENTATIVES (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY ASSOCIATED WITH PARTICIPATING IN THE EVENT/PRODUCTS, INCLUDING LIABILITY FOR THE NEGLIGENCE OF ANY RELEASED PARTIES, UNLESS SUCH LIABILITY IS DUE TO THE GROSS NEGLIGENCE OF THE RELEASED PARTIES, IN WHICH CASE THE RELEASE WILL STILL APPLY TO ANY OF THE RELEASED PARTIES THAT WERE NOT GROSSLY NEGLIGENT.
12. LIMITATION OF LIABILITY. IN NO EVENT/PRODUCT SHALL IOWA SAFE SCHOOLS BE LIABLE TO ANY PARTICIPANT, OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY OR DAMAGES TO PROPERTY, DATA LOSS, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF ANY PARTICIPANT’S USE OF THE CREDENTIALS AND/OR PARTICIPATION IN THE EVENT/PRODUCTS, EVEN IF IOWA SAFE SCHOOLS OR PARTICIPANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. NO WARRANTIES. EXCEPT AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS, PARTICIPANT’S PARTICIPATION IN THE EVENT/PRODUCTS, AND ALL SERVICES AND PRODUCTS PROVIDED IN CONNECTION WITH THE EVENT/PRODUCTS, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. IOWA SAFE SCHOOLS EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, RELIABILITY, INTEGRATION, SAFETY, OR ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING. IOWA SAFE SCHOOLS EXPRESSLY DISCLAIMS ANY WARRANTIES NOT EXPRESSLY STATED HEREIN AND HAS MADE NO REPRESENTATIONS OR WARRANTIES TO PARTICIPANT ABOUT THE SUITABILITY, CONDITION OR SAFETY OF THE IOWA SAFE SCHOOLS EVENT/PRODUCTS, IOWA SAFE SCHOOLS PLATFORM OR DIGITAL TRANSMISSION OF THE EVENT/PRODUCTS, YOUR ABILITY TO ACCESS OR USE IOWA SAFE SCHOOLS CONTENT OR SERVICES, ANY EQUIPMENT PROVIDED BY IOWA SAFE SCHOOLS OR ITS VENDORS, IOWA SAFE SCHOOLS SERVICES OR PRODUCTS SUPPLIED AS PART OF THE EVENT/PRODUCTS OR THAT THE EVENT/PRODUCTS, INCLUDING ANY STREAMING, WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE.
14. Arbitration.
a. IOWA SAFE SCHOOLS is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section.
b. To give IOWA SAFE SCHOOLS an opportunity to resolve informally any disputes between you and IOWA SAFE SCHOOLS arising out of or relating in any way to these Terms (including any linked terms and conditions), you agree to communicate your Claim to IOWA SAFE SCHOOLS by contacting IOWA SAFE SCHOOLS. You agree not to bring any suit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Claim to IOWA SAFE SCHOOLS have elapsed. If IOWA SAFE SCHOOLS is not able to resolve your Claim within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
c. You and IOWA SAFE SCHOOLS agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that you and we may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, or any companies offering products and/or services through us (which are beneficiaries of this arbitration agreement).
d. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs). The arbitrator must follow and enforce these Terms.
e. Arbitrations will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. If you commence an arbitration in accordance with the Terms of Use, you will be required to pay AAA’s filing fee. You will not be responsible for paying any other fees for the arbitration, other than the filing fee; all other fees or expenses charged by AAA will be paid by IOWA SAFE SCHOOLS (unless the arbitrator finds that either the substance of your Claim or the relief sought is frivolous or brought for an improper purpose).
f. Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and IOWA SAFE SCHOOLS each waive any right to a jury trial.
15. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claim(s) to “IOWA SAFE SCHOOLS: ARBITRATION CLAIMS,” at PO BOX 704, DES MOINES, IA 50303. If we request arbitration against you, we will give you notice at the email address or street address you have provided.
16. Indemnification. Participant agrees to indemnify, defend, and hold IOWA SAFE SCHOOLS and its affiliates, and each of their respective officers, directors, shareholders, managers, employees, volunteers, contractors, suppliers, and representatives harmless from and against any and all claims, demands and all other liabilities, including, without limitation, costs and attorneys’ fees, made by any third party arising out of or in connection with Participant’s participation in the Event/Products, use of the Credentials, or any violation of the Terms by Participant.
17. Choice of Law and Exclusive Venue and Jurisdiction. These Terms are governed by the laws of the State of IOWA, without regard to its principles of conflicts of laws, except that the Arbitration provision of these Terms shall be governed by the Federal Arbitration Act. In the Event/Product that the Agreement to Arbitrate above is found not to apply to you or to a particular Claim, you agree that any Claim that has arisen or may arise between you and IOWA SAFE SCHOOLS must be resolved exclusively by a state or federal court located in POLK COUNTY, IOWA, in a case brought in your individual capacity and not in any representative capacity or as a class action. Both you and IOWA SAFE SCHOOLS agree to submit to the personal jurisdiction to a court of competent jurisdiction located in POLK COUNTY, IOWA for the purpose of litigating all such Claims or disputes.
18. Updates to Terms. IOWA SAFE SCHOOLS reserves the right to make changes to the Terms as posted, so be sure to check back and review the Terms from time to time prior to purchase. Any dispute between you and IOWA SAFE SCHOOLS will be governed by the Terms agreed to at the time of your purchase or, if you have made no purchase, at the time of your participation or application.
19. General Provisions. Nothing in these Terms establishes an agency, partnership or joint venture between the parties, or relationship of employer or employee, between the parties (or between either party and the other party’s personnel). Headings are included for convenience only and will not be used to construe these Terms. In the Event/Product that any term or provision of these Terms is held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other term or provision hereof (which will remain in effect), and the parties agree thereafter to use their best efforts to substitute a provision of similar economic intent and effect. IOWA SAFE SCHOOLS may assign this agreement to a third-party at its discretion.