Terms and Conditions - Beauty Business Summit

BeautyBusinessSummit.org is owned and operated by Med Esthetics Consulting Group LLC, d/b/a Maxine Drake Consulting

By visiting this website you are consenting to our Terms & Conditions, as they may be amended from time to time.

Overview

The terms “we,” “us,” and “our” refer to Maxine Drake Consulting and all products and services powered by us. The term “Site” refers to BeautyBusinessSummit.org. The terms “User,” “You,” and “Your” refer to visitors to the website, customers, and any other users of the site. BeautyBusinessSummit.org provides articles and information about marketing, social media, and web design as well as offering custom assessment services for sale, referred to as the “Services”.

Use of BeautyBusinessSummit.org, including all materials presented herein and all online services provided by Maxine Drake Consulting are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Site + Services

By accessing or using the Site, you acknowledge that you have read these Terms and Conditions, are 18 years of age or older, have the requisite power and authority to consent to these Terms and Conditions, and agree to be bound thereby and hereby. Children under the age of 18 are prohibited from using the Site or purchasing the Services.

Information provided on the Site and in the Services are subject to change at any time and without notice to you. Maxine Drake Consulting makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free, and by accessing this Site, you assume all risk associated with any inaccuracies or errors in the Content. Maxine Drake Consulting disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

Account Creation and Use

To use the Services, you may be required to provide various information about yourself including your name, email address, and other personal information. You agree that any information you provide to Maxine Drake Consulting is accurate and correct. Upon any changes to your personal information, you agree to promptly update such personal information to maintain its accuracy at all times. Any incorrect or fraudulent information provided, including with respect to names, addresses, ages, email addresses, or any other information provided will subject you to forfeiture of the Services and possibly to criminal charges. You warrant that your account will not be used for any illegal or unauthorized purpose and that you will comply with all laws in your jurisdiction in the use of the Services and the Site. Maxine Drake Consulting reserves the right to cancel your participation in the Services without refund or any further obligations to you for any violations of this paragraph by you.

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes upon the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Maxine Drake Consulting reserves the right to cancel your participation in the Services without refund or any further obligations to you for any violations of this paragraph by you.

Refusal of Service

The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until written confirmation stating our acceptance is provided to you. Deposit payments will be refunded to any party who is denied Service. We may at any time change or discontinue any aspect or feature of the Site or Services, subject to us fulfilling our previous responsibilities to you based on acceptance of your order.

Order Confirmation

We will email you twice after your order is placed. The first email is to confirm the placement of your order and the second email is to confirm the processing of your payment and provide you with an estimate of delivery time. If there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Payment Terms

You agree to pay the fees for the Services identified by Maxine Drake Consulting, including without limitation on documentation (including documentation provided via email) provided by Maxine Drake Consulting from time to time in connection with your purchase thereof and/or as set forth on Maxine Drake Consulting at http://BeautyBusinessSummit.org /products, which fees are subject to change by the Company at any time in its sole discretion. You are responsible for all charges related to accessing the applicable Services, including any hotel room service, or parking fees.

Event Ticket Sales Are Final

Maxine Drake Consulting does not offer refunds for event tickets to the Beauty Business Summit. All sales are final. Tickets are non-transferable. If the event is canceled for any reason, email the event organizer for available options.

We are not responsible for cancellations due to weather, airline delays or cancellations, or any other reason beyond our control. All sales are final and no refunds will be given for any reason. Ticketholders are strongly encouraged to purchase trip insurance.

Service Description

We endeavor to describe and display the Services as accurately as possible. While we try to explain the Services as clear as possible, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions.

Materials You Submit to the Site

You shall not upload, post, or otherwise make available on the Site or via email any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties You agree to indemnify and hold Maxine Drake Consulting harmless from all claims, liabilities, and expenses arising from any breach or violation of this paragraph by you or brought against Maxine Drake Consulting by a third party as a result of Materials posted or supplied by you. If Maxine Drake Consulting is required to defend any such action brought by a third party as a result of Materials posted or used by you, in addition to your indemnification obligation, you will be responsible for all costs associated with such action, including attorneys’ fees and costs at all levels.

Intellectual Property Rights to Your Materials

We claim no intellectual property rights over the Materials you supply to Maxine Drake Consulting You retain copyright and any other rights you may rightfully hold in any content which you submit through the Service. The content you submit to Maxine Drake Consulting remains yours to the extent that you have any legal claims therein. Notwithstanding the foregoing, you grant Maxine Drake Consulting a worldwide, nonexclusive, irrevocable license to display the Materials you supply to Maxine Drake Consulting for business development and marketing purposes only. By visiting the site, you agree to hold Maxine Drake Consulting harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

Our Intellectual Property

The Site and Service contain intellectual property owned by Maxine Drake Consulting including trademarks, trade dress, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Services, without refund, if you are caught violating this intellectual property policy. In addition, we may file an action against you for damages, including injunctive relief, as a result of your breach of this paragraph.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Services by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Services, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on our Terms and Conditions pages.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Maxine Drake Consulting is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Maxine Drake Consulting has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Maxine Drake Consulting’s cumulative liability to you exceed the total purchase price of the Services you have purchased from Maxine Drake Consulting, and if no purchase has been made by you Maxine Drake Consulting’s cumulative liability to you shall not exceed $100.

Third-Party Resources

The Site and the Services contain links to third-party websites and resources. You acknowledge and agree that we are not responsible for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Maxine Drake Consulting You acknowledge sole responsibility for and assume all risk arising from your use of this Site, including the links to any such third-party websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

Waiver of Liability and Indemnification – COVID-19 – and any variants

You agree that you are personally responsible for your own safety and actions while attending the Beauty Business Summit (“BBS”). You agree to comply with all policies and rules instituted by the City of St. Petersburg, the State of Florida, or the venue where the BBS is held, including but not limited to all applicable policies, guidelines, signage, and instructions with respect to COVID-19, including mask requirements and submission of vaccination proof. Because the BBS will be attended by many registrants from throughout the United States, you recognize that you may be at a higher risk of contracting COVID-19, including any of its variants, including the Delta variant and Omicron variants while attending the BBS. With full awareness and appreciation of the risks involved, you, for yourself and on behalf of your family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive discharge, and covenant not to sue Med Esthetics Consulting Group LLC, d/b/a Maxine Drake Consulting, its board members, oﬃcers, agents, servants, independent contractors, aﬃliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by you related to COVID-19 whether caused by the negligence of the Released Parties, any third-party while at the BBS, or otherwise, while participating in any activity while in, on, or around the BBS and/or while using any facilities, equipment, or materials while attending the BBS.

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to your attendance at the BBS, whether caused by the negligence of the Released Parties or otherwise speciﬁcally related to COVID-19.

By accepting these Terms and Conditions, you acknowledge and represent that you have read the foregoing waiver of liability and indemnification provisions, understand them and accept the waiver of liability voluntarily as your own free act and deed, including without limitation the release of liability and indemnification requirements contained in this document; you are suﬃciently informed about the risks involved in traveling to St. Petersburg, Florida, and attending the BBS to decide whether to accept these terms and conditions; no oral representations, statements, or inducements apart from the foregoing written agreement, have been made to you; you are at least eighteen (18) years of age and fully competent; and you accept these Terms and Conditions for full, adequate, and complete consideration fully intending to be bound by the same. You further agree that the waivers and releases contained herein shall be governed by and construed in accordance with Florida law and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modiﬁed to the limited extent required to permit enforcement as a whole.

You certify that you will not attend the BBS if you have tested positive for COVID-19 within the fourteen days prior to attending the BBS or if you have any of the following COVID-19 symptoms as outlined by the Center for Disease Control: shortness of breath or difficulty breathing, fever, chills, muscle pain, sore throat, loss of taste or smell. If you develop any of the aforementioned symptoms while attending the BBS, you agree to immediately self-quarantine in accordance with CDC guidelines and protocol so as not to infect any other persons attending the BBS.

Effect of Headings

The subject headings of the paragraphs and subparagraphs herein are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

These Terms and Conditions constitute the entire agreement between you and Maxine Drake Consulting with respect to using the Site and the Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of any term or condition by Maxine Drake Consulting shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Maxine Drake Consulting

Notices

All notices, requests, demands, and other communications pertaining to these Terms and Conditions shall be in writing and properly addressed as follows:

Maxine Drake Consulting

12003 Littleberry Ct.

Tampa, Florida, 33635

Governing Law; Venue; Mediation

These Terms and Conditions shall be construed by, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be in Hillsborough County, Florida. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating hereto by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of these Terms and Conditions is held by any arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions are binding upon you each time you visit the Site or utilize the Services, and are binding on and inure to the benefit of your successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Updated: 2022