NETCONNECT 2023 VIRTUAL EVENT
TERMS OF USE. By registering in and/or participating in Netconnect 2023, also referred to as the “Event”, Participant agrees to these Terms of Use and Netchex’s online privacy statement located on the bottom of Netchex’s website at https://netchex.com/privacy-policy/ (collectively the “Agreement”). This Agreement governs participation in the Event and use of its associated website (the “Event Site”), which forms a binding legal contract between the Event host and owner, S&W Payroll Services, LLC dba Netchex, and the registered Participant.
The Event is a virtual experience intended to provide a place for Netchex customers, prospects, and persons registered for the Event (“Participants”) to connect with each other and earn Points and Rewards. The Event offers the opportunity for Participants to promote their successes, increase their professional network and learn about a variety of topics pertaining to human capital management.
ENROLLMENT. Enrollment and all related benefits of Netconnect 2023 are offered at Netchex’s discretion. In registering or continuing with Event enrollment, Participants acknowledge that Netchex assumes no legal responsibility to any Participant. Registration entitles Participant to access the Event Site for which you have enrolled.
Each Participant must create an account on the Event Site (an “Account”). Each Participant may only possess one Account at a time and requires the Participant's name and email address.
Netchex reserves the right to exclude any prospective Participant from registration or remove any Participant at its discretion.
Netchex specifically reserves the right to alter, withdraw or terminate any Event, class, challenge, benefit, or award at its sole discretion with or without notice. Any such changes may affect Netconnect 2023 Points, which a Participant has already accumulated as well as any future accumulation of Points. Netchex assumes no liability to Participants whatsoever, including without limitation, liability as a result of changes to or termination of Netconnect 2023, or any other loss, injury or damage caused by any Rewards supplied or requested in connection with Netconnect 2023.
Each Event Participant must follow his/her individual employer’s rules (including his/her employer’s social media policies) when participating in the Event and redeeming Points for Rewards. To earn Points, a Participant must be an active Event Account holder and meet all the eligibility requirements set forth herein. Other employers also may impose restrictions on the Participant's ability to earn or redeem Points. Employees of Government or government-owned entities may participate in the Event by completing Challenges and earning Points; however, they may not redeem their Points for any Rewards.
Influitive, Event sponsors, the Rewards providers, and any other company or organization involved with the design, sponsorship, or operation of the Event, and each of their respective officers, directors, employees, and agents (collectively, the "Event Parties"), and immediate family and household members of such individuals, are NOT eligible to participate in the Client or Employee facing Program. "Immediate family members" shall mean a person’s spouse and a person’s and their spouse’s parents, stepparents, legal guardians, children, step-children, siblings, and step-siblings, and each of their respective spouses. "Household members" shall mean those people who share the same residence, whether related or not.
CHALLENGES. To complete some Challenges within the Event, a Participant must have user accounts with particular social media platforms (e.g., LinkedIn, Facebook, Twitter, Instagram). Creating such accounts is free, but subject to the terms and conditions of the applicable social media platform. By participating in the Event, Participant agrees to abide by all the terms and conditions applicable to any social media platform accessed in connection with participation in the Event.
One or more Challenges may:
Any posts, tweets or other statements a Participant makes through the Event Site, through social media, or otherwise to earn Points or participate in the Event must be truthful and not misleading and otherwise must comply with all applicable Laws, including without limitation any Laws regulating customer endorsements and testimonials. For example, a complete Challenge via Twitter would consist of a tweet via Twitter that contains the content set forth in the Challenge, includes the hashtags #Netchex and #Promotion and tags @Netchex. Participant’s tweets must be viewable by Netchex during the Event in order to receive Points. This may require Participant to change their individual account settings so that their tweets are “unprotected” and/or “public.”
POINTS. Points and Rewards will be awarded at Netchex’s sole discretion and point value is subject to change. Netconnect 2023 Points have no monetary value whatsoever and will not under any circumstances form the basis of a monetary claim against Netchex. The accumulation of Netconnect 2023 Points does not entitle Participants to any vested rights and, in accumulating Netconnect 2023 Points, Participants may not rely upon the continued availability of any award, award level, premium or other benefit.
Netconnect 2023 Points or Rewards are personal and cannot be transferred, and any assignment or transfer in violation of these rules will be void and may, at the discretion of Netchex, result in the loss of membership or the cancellation of the affected Reward or Netconnect 2023 Points.
Each Participant may redeem Points for only one (1) Reward, and all Rewards are “AS-IS” and are subject to availability. This is true even as to customer credits or services that Netchex may provide directly to Participant as Rewards - all such credits and services are provided without representations or warranties of any kind, notwithstanding the terms of any service agreement or other agreement between Participant and Netchex. Netchex reserves the right to substitute for any Reward any item of equal or greater value. Netchex is not responsible for delays, cancellations, or other problems with travel or accommodations resulting from any carriers, hotels, travel agents, weather, fires, strikes, bankruptcies, governmental actions, wars, terrorism, or any other causes beyond the reasonable control of Netchex.
All costs and expenses not expressly identified in the description of any Reward are the sole responsibility of the Participant who elects to redeem Points for such Reward.
Some Rewards may be subject to terms and conditions that limit use of that Reward. Except for Rewards that are provided directly by Netchex, such as customer credits or services, Netchex has no control over Rewards providers or any terms and conditions applicable to any Rewards. For example, Rewards may include one or more gift cards, gift certificates, stored-value cards, similar cards or certificates (whether in physical, electronic, or other form), or other items or services, which may be redeemed or received only at or through participating retailers or other locations. By redeeming any such Reward, Participant acknowledges that acceptance and use of any such Reward are subject to all eligibility criteria, expiration dates, service or dormancy fees, use restrictions, and all other terms and conditions (if any) imposed by the issuer or provider of any such prize. Unless otherwise specified on the Event Site in connection with a Netchex-provided Reward, neither Netchex nor any of its parents, subsidiaries, or affiliates is responsible for establishing those terms and conditions, for disclosing or explaining any of those terms and conditions to the entrants, or for any Reward recipient’s failure to comply with any of them. If Participant does not comply with all those terms and conditions, or does not have access to a Reward location, Participant may not be able to obtain the maximum value, or any value, from any such Reward.
PARTICIPANT CONTENT AND PROHIBITED CONDUCT. By registering for the Event, Participant agrees not to sell, trade, transfer or share Account credentials with others.
Participants may choose to post content to the internet. Netchex reserves the right to remove content at its sole discretion; however, Netchex is not responsible for any content posted by Participants of the Event.
Participants may not post any materials or comments that fall into any of the following categories:
Netchex reserves the right to remove any Participant from the Event if Netchex, in its sole discretion, determines that Participant’s behavior creates a disruption or hinders the Event or the enjoyment of the Event content by other Participants.
OWNERSHIP. Netchex owns all content on the Event Website or otherwise presented during the Event, including but not limited to content provided by Participants and sponsors. For example, from time to time, Participants may be asked to provide information, via the challenges. If a Participant chooses to provide this information, or any other content, Participant grants Netchex all rights therein, including, but not limited to the right to use in the advertising and promotion of Netchex products and services without further approval.
TAXES. The value of each Reward may be taxable to each recipient as income. Participants shall be solely responsible for any taxes or other charges imposed governmental authority in respect to any Rewards. Each Reward recipient shall be solely responsible for all federal, state, provincial and/or local taxes (including income and withholding taxes), and the reporting consequences thereof, for any other fees or costs associated with the applicable Reward(s), and for any other liabilities incurred in connection with any Reward.
TERMINATION OF PARTICIPATION. Participants may discontinue their participation in the Event at any time by contacting the Netconnect 2023 manager by email at: aarmantrout@netchexonline.com and requesting removal from the Event.
If Participant is removed from the Event or Event Site, Participant will no longer be able to earn any Points or to redeem Points for Rewards. In addition, Netchex reserves the right to suspend or terminate Participant’s Account and decline further activity in the Event at any time in its sole discretion, including if: (i) Participant is no longer attending the Event; (ii) Participant has not participated on the Event Site or otherwise engaged in the Event (iii) Netchex believes Participant may have tampered with the participation process, the operation of the Event or the Event Site, or the security of the Event Site, or have attempted to do so; or (iv) Netchex believes Participant may have violated the Agreement.
Netchex is not obligated to provide a reason why it disabled Participant’s Account but may provide Participant with notice of Account closure at the email address associated with its associated Account. If Participant's account is terminated, Netchex reserves the right to withhold, disqualify, and/or eliminate any Points that Participant may have earned prior to termination. Netchex reserves the right to seek damages and other remedies from anyone found to have engaged in any of the above described behavior to the fullest extent permitted by Law.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Participants understand and agree that the Event, Event Site and Points and Rewards are provided on an “as is” basis and “as available.”
Netchex is not responsible to Participant or any third party for any content on the Event site or any third party sites or conduct, any viruses or other disabling features that may affect Participant’s access to or use of the Event Site, incompatibility between the Event Site and other services, software or hardware, delays or failures Participant may have in initiating, conducting or completing any transmissions or transactions in connection with the Event in an accurate or timely manner, and late, lost, incomplete, delayed, inaccurate, garbled, undelivered or damaged registrations, points, or other errors of any kind. The opinions and views expressed by speakers, sponsors, or Participants at the Event do not necessarily reflect the opinions and views of Netchex or its employees. Netchex makes no representations as to the suitability, accuracy, completeness, or validity of any information presented by speakers, sponsors, or Participants of the Event and will not be liable for any errors, or omissions in this information or any losses, damages, or injuries arising out of its use. Netchex does not endorse, and expressly disclaims all liability relating to information, products and services provided by speakers, sponsors, and Participants.
Netchex gives no warranties and hereby disclaims any warranties, whether express, implied or statutory (including without limitation any implied or statutory warranty of merchantability, fitness for a particular purpose, title or non-infringement) with regard to the Event, Event Site, any materials related to or provided at the Event and any Reward, to the fullest extent possible under the laws governing this Agreement.
Notwithstanding any other provisions of the Agreement, and to the greatest extent allowed by law, Netchex’s maximum aggregate liability to Participant of the Event for any claim arising from or connected with the Event or this Agreement, whether in contract, tort or otherwise, shall be limited to the amount paid by Participant to Netchex under this Agreement for Netconnect 2022.
Neither Netchex or its affiliates shall not be liable for any special, indirect, incidental, consequential or punitive damages arising out of the Event, any Reward, or these Terms of Use, howsoever caused, whether arising in tort, contract, strict liability, or other legal theory, and regardless of whether Netchex was advised of the possibility of such damages, and all such damages are hereby disclaimed and excluded.
The foregoing limitations of liability apply even if available remedies do not fully compensate the Participant for any losses or fail of their essential purpose; or Netchex knew or should have known about the possibility of the damages. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to a Participant. To the extent any of the Event Parties may not, as a matter of applicable Law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of liability of the Event Parties shall be the minimum permitted under such applicable Law.
TERMINATION/MODIFICATION OF THE EVENT. Netchex shall have the right to modify, suspend, or terminate the Event and Event Site, in its sole discretion, at any time for any reason, including without limitation as a result of natural disaster, equipment failure, civil disturbance, fraud, financial, or administrative difficulties, technical problems (such as a computer virus/bug), unauthorized intervention that corrupts the administration, security, fairness, integrity or proper functioning of the Event Site, or other causes not within the control of Netchex. In addition, if, in the exclusive judgment of Netchex, the Event Site (or any portion thereof) becomes compromised in any way, Netchex reserves the right, at its sole discretion, to cancel any Challenge, to void any Challenges completed or Points that Netchex suspects were obtained fraudulently, and/or to limit the right to redeem Points for Rewards only to non-suspect eligible participants. Upon Event or Event Site cancellation, Participant's right to use the Event Site and earn Points ends immediately, and Participant's right to redeem Points for Rewards also may be terminated immediately at Netchex's sole discretion. Netchex may attempt to give Participant notice prior to terminating Participant’s associated Event account or ability to earn or redeem Points, but ultimately it is solely the Participant’s responsibility to keep track of its individual Event engagement and any deadlines for earning or redeeming Points.
CHANGES TO TERMS OF USE. Netchex reserves the right to make changes in these Terms of Use at any time. Any such changes will become effective upon notice via online posting on the Event Site. If Participant does not agree to these changes, Participant must notify the Event manager and stop participating in the Event and Event Site. Netchex will thereafter terminate the Participant's Account. If Participant does not stop using the Event Site, the revised Terms of Use shall govern participation in the Event. Participant should review the Terms of Use periodically to ensure its familiarity with the most current version. Netchex’s failure to enforce any term of these Terms of Use shall not constitute a waiver of that provision.
EVENT HOST. The host of the Event is Netchex, with an office at 1155 Highway 190 East Service Road, Suite 2, Covington, LA 70433. For questions about the Program, please contact the Event manager at aarmantrout@netchexonline.com or visit https://netchexonline.com/contact-us/. Participation by Participant in the Event is not intended to, and shall not create any employment, agency, or similar relationship between the Participant and Netchex.
NO ENDORSEMENT. Nothing contained in these Terms of Use or in the Event or other materials should be construed as an endorsement by Netchex of Influitive Corporation; Tango Card, Inc.; any Reward provider, or any other third party, product, or service. Rewards suppliers are not sponsors of the Event and in no way endorse or are associated with Netchex, unless otherwise stated. The Event is in no way sponsored, endorsed, or administered by, or associated with, any social media platforms, such as LinkedIn, Facebook, Twitter, Instagram, or Pinterest.
GENERAL. The Agreement shall be governed by the laws of the State of Louisiana, without giving effect to conflict of laws principles.
All details and other restrictions on Points or Rewards not specified in these Terms of Use will be determined by or on behalf of Netchex in its sole discretion. Disputes and inquiries about the Event may not be acknowledged or answered. Incomplete, unreadable, late, or unintelligible Challenge responses are void. In the event of a dispute as to the identity or eligibility of an Account holder, the Account holder will be deemed to be the "Authorized Account Holder" of the email address associated with that Account. The "Authorized Account Holder" is defined as the natural person to whom the email address has been assigned by the applicable email service provider. Use of any automated system to participate in the Event is prohibited and will result in disqualification of all associated Challenges and Points.
No waiver by either Netchex or Participant of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.