THE ETHICAL NONPROFIT SUMMIT

PARTICIPANT TERMS AND CONDITIONS

INTRODUCTION

Thank you for your interest in The Ethical Nonprofit Summit hosted by Habrá Marketing – a pioneering event dedicated to advancing ethical fundraising and storytelling practices. We have created these Terms to make sure that everyone understands their obligations and rights. We are committed to building trust and meaningful relationships.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU PURCHASE OR PARTICIPATE IN THE SUMMIT. By clicking the “I Accept” checkbox or similar method, purchasing a ticket, or attending the Summit, you agree to be bound by these Terms. If you do not agree with these Terms, you may not purchase a ticket, participate in, or attend the Summit. These Terms contain provisions that affect your future rights. 

THE AGREEMENT

These Summit Participant Terms and Conditions (“Terms”) are between Farias Heinrich International LLC d/b/a Habrá Marketing (“Habrá Marketing” or “we” or “our”) and the individual (“Participant” or “you” or “your”) purchasing or participating in The Ethical Nonprofit Summit (“Summit”). Habrá Marketing and Participant are sometimes referred to herein individually as a “Party” and collectively as the “Parties.

SUMMIT INFORMATION

1. THE SUMMIT SCOPE OF SERVICES

The Summit includes the following services (“Services”): 

  • Access to a 1-day virtual event consisting of presentations and networking opportunities
  • 3-month access to speaker presentation recordings post-event
  • VIP Pass holders will also receive 6-month access to session recordings, an exclusive pre-recorded session and two, 45-minute 1:1 coaching sessions with Habrá Marketing to work on their ethical storytelling and fundraising practices. The coaching sessions must be used within six months of the Summit’s date. 

2. WHAT’S NOT INCLUDED WITH THE SUMMIT

The Services do not include:

  • In-person services
  • Presentation materials such as slides, workbooks, or guides
  • Recordings of networking sessions or sessions involving breakouts

3. CHANGES TO THE SUMMIT

While Habrá Marketing does not anticipate any changes to the Services, if circumstances require changes, Habrá Marketing reserves the right to cancel or substitute components of the Summit, including scheduled speakers. These changes will not be considered material changes and will not be considered cause for cancellation by Participant. Habrá Marketing will notify Participant (including via email) of any changes as they become apparent.

4. CREATING AN ACCOUNT

You may have to register an account to access or participate in the Summit. This means you’ll have to create a username and password. You also may have to provide billing information and a mailing address. You represent and warrant that any information you provide is accurate and that you’ll update information should any changes occur. You acknowledge and agree that the information you provide will be used and protected under our Privacy Policy. Please keep your password secure because you are responsible for any activities associated with your account and may be held liable for any losses arising out of such a failure. You agree to immediately notify Habrá Marketing of any unauthorized use of your account of which you are aware.

5. REGISTRATION CONFIRMATION

Once you have registered, you will receive your access link by email. The access link is unique to your email address. Please ensure that your valid email is entered correctly on the registration form.

PAYING FOR THE SUMMIT

You agree that you have carefully considered the cost and investment of this Summit and are financially willing and able to invest in it voluntarily. You represent that by doing so, you will not incur any economic hardship. 

6. FEE AND PAYMENT

The cost of the Summit is listed on the Summit website and sales page (“Fee”). The Fee amount you pay will depend on which ticket you select during registration. The payment of the Fee is due upon registration for the Summit. Participant agrees to pay the Fee via Habrá Marketing’s online payment system. Habrá Marketing uses a third-party shopping cart plug-in to process payments. All payments are subject to the payment processor’s  terms and privacy policies.

7. CREDIT AND CHECK CARD AUTHORIZATION

If paying by credit or debit card, Participant authorizes Habrá Marketing to automatically charge the card on file for all fees due and payable to Habrá Marketing without any additional authorization. Participant will receive an electronic receipt of such payment. Participant agrees that Habrá Marketing is authorized to share any payment information and instructions required to complete the payment transactions with our third-party payment service providers. 

8. CHARGEBACKS

Habrá Marketing does not tolerate or accept any chargeback threat or actual chargeback from Participant’s credit card company or payment processor. If a chargeback is placed on Participant’s purchase, or Habrá Marketing receives a chargeback threat during or after Participant’s purchase, Habrá Marketing reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account. The information reported will include Participant’s name, email address, order date, order amount, and billing address. Further, Participant is responsible for any fees for recouping payment on chargebacks and associated collection fees.

9. YOUR PURCHASE IS NON-REFUNDABLE

Due to the complexity of planning the Summit, Habrá Marketing will not provide refunds for any payments made. A change of mind, change of schedule, change of employment, moving, interpersonal relationship challenges, non-attendance, leaving the Summit early for any reason, lack of participation during the Summit or any other circumstance does not constitute a refund.

10. YOUR PURCHASE IS NON-TRANSFERABLE

You may not transfer or gift your purchase to any other person.

RIGHTS TO CANCEL OR RESCHEDULE; UNFORESEEN EVENTS

11. CANCELLATION OR RESCHEDULING BY HABRÁ MARKETING

Habrá Marketing reserves the right to reschedule or cancel the Summit prior to the start of the Summit. If rescheduled to a later date, any payments made by you will be credited to the rescheduled date. If canceled, you  will be given a full refund of any and all payments made to Habrá Marketing. 

Habrá Marketing may terminate Participant’s participation in the Summit at any time if Participant does not comply with any provisions in these Terms. In such an event, no refunds will be given to Participant.

Please note that Habrá Marketing will handle the cancellation or changes to the Summit due to unforeseen events under Section 12 below.

12. CANCELLATION OR CHANGES FOR UNFORESEEN EVENT(S): FORCE MAJEURE

Habrá Marketing is not liable for any costs, loss, delays, damages, or changes for any failure to perform under these Terms due to causes beyond its reasonable control  (collectively, “Force Majeure Event”) including, but not limited to: 

  • Widespread wireless communication, internet, or power failure;
  • Natural disasters (fire, flood, earthquake, storm, hurricane, or other natural disaster);
  • Acts of war, acts of the government, terrorism, labor and employment disputes; 
  • Health-related hazards (quarantine restrictions, pandemics, epidemics, or other hazards); or
  • Other similar events beyond a party’s reasonable control, whether similar or dissimilar to any of the preceding.

If there is a Force Majeure Event, Habrá Marketing will notify the Participant of its inability to perform, delay in performing or if there are any changes to the Services. If a Force Majeure Event occurs, Habrá Marketing will, at its sole discretion, reschedule the Summit to a later date or cancel it entirely. Habrá Marketing will not issue a refund for a Force Majeure Event. If the Summit is rescheduled, your payment will be credited to the new date.

OUR INTELLECTUAL PROPERTY RIGHTS

13. HABRÁ MARKETING OWNS THE SUMMIT AND THE SUMMIT CONTENT

The Summit consists of content accessible on or through Habrá Marketing’s website, the online Summit area or any other third-party website Habrá Marketing may use to distribute or host the Summit, including but not limited to all text, designs, images, graphics, videos, voice and sound recording, training materials, information, data, and materials made available through the Services, and the look and feel of all of the preceding  (“Summit Content”). 

The Summit and Summit Content are protected by these Terms, as well as state, federal and international intellectual property rights, including copyright and trademark laws. Participant acknowledges that all right, title, and interest in and to the Summit and Summit Content, and all copies and revisions thereof, are and remain the property of Habrá Marketing or our licensors. Participant acknowledges that the Summit and Summit Content are licensed, not sold. These Terms do not transfer to Participant any ownership of intellectual property rights in and to the Summit or the Summit Content. All rights not expressly granted to Participant in these Terms or any express written license are reserved by Habrá Marketing and its licensors.

14. WE GRANT YOU A LIMITED LICENSE TO USE THE SUMMIT AND SUMMIT CONTENT

Subject to the terms and conditions of these Terms and your payment of the Fee, Habrá Marketing grants you a limited license (the “License”) to access and use the Summit and Summit Content. 

This License is:

    • individual to you only (you can’t share with any other individual or entity);
    • non-transferable (you can’t transfer this license to someone else); 
    • non-sublicensable (you can’t license to someone else);
    • non-exclusive (we may grant this license to others);
    • revocable (we can cancel this license at any time); and
    • solely for non-commercial use (you cannot sell or otherwise commercially exploit the Summit or Summit Content).

Under this License, Participant may do the following:

    • Access the Summit and Summit Content;
    • View text and images, and listen to audio components that make up the Summit or Summit Content; and
    • Download, print and use any downloadable materials of the Summit or Summit Content.

Under this License, Participant may NOT do any of the following:

    • Participant may not copy, republish, reproduce, duplicate, publicly perform, or reverse engineer the Summit Content;
    • Participant may not record or broadcast audio or video of the Summit;
    • No Commercial Use – Participant may not directly or indirectly sell, lease, rent, sublicense, or permit a timeshare arrangement or any other arrangement for commercial purposes or in any way that earns you or any third-party money for any portion of the Summit or Summit Content;
    • No Competitive Services or Products – Participant may not use any portion of the Summit or Summit Content in order to create, build, develop, market or license a similar or competitive product or service product that uses the information gained through the Summit or Summit Content;
    • No Train The Trainer License – Participant may not use any of this information to train others on this topic – these Terms do not grant you a “train-the-trainer” type license;
    • No Modifications – Participant may not modify the Summit Content in any way beyond edits and completions necessary to prepare the documents for your own use;
    • No Derivative Works – Participant may not create derivative works using the Summit Content. For example, you may NOT create books, workbooks, tapes or other materials using the Summit Content;
    • No Transfer of Rights – Participant may not assign or transfer any rights granted under these Terms to any third party; and
    • No Removal or Modification of Copyright & Trademark Notices – Participant may not delete or modify copyright, trademark and other proprietary rights notices in the Summit Content. 

15. HABRÁ MARKETING MARKS

All trademarks, service marks, trade names, logos, and graphics, whether registered or unregistered, included within the Summit or Summit Content (“Marks”) are trademarks or service marks of Habrá Marketing or their respective owners. You may not use any Marks without the prior written consent of Habrá Marketing.

16. UNAUTHORIZED USE 

Participant’s use of any materials found in the Summit or Summit Content other than that expressly authorized in these Terms or by a separate written assignment is not permitted (“Unauthorized Use”). Participant agrees to pay liquidated damages of five (5) times the total fees paid for the Summit for each instance of Unauthorized Use, or a minimum of $5,000 if Participant did not pay fees for the Summit, in addition to any legal or equitable remedies Habrá Marketing may be entitled to pursue.  This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use. This License will automatically terminate if Participant violates any of these restrictions and may be terminated by Habrá Marketing at any time.

17. INJUNCTIVE RELIEF 

Participant agrees that any violation or threatened violation of the intellectual property rights terms in these Terms would cause irreparable injury to Habrá Marketing that may not be adequately compensated by damages, entitling us to obtain injunctive relief, without bond, in addition to all legal remedies.

PARTICIPANT CONTENT, PHOTO AND VIDEO RELEASE

18. YOU ARE RESPONSIBLE FOR CONTENT YOU SUBMIT OR POST

When you choose to submit, post, or otherwise share any content, including comments, posts, feedback, reviews, graphics, photos, audio, video, or other materials (“Participant Content”) on our website or by participating in the Summit, you acknowledge that you are responsible for Participant Content, including its legality, reliability, accuracy, and appropriateness. 

19. YOU GRANT HABRÁ MARKETING A LICENSE TO USE YOUR CONTENT

By providing Participant Content, you grant Habrá Marketing a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, unrestricted license to use, distribute, reproduce, modify, sell, prepare derivative works of, perform, and publicly display (a) Participant Content, in whole or in part, and (b) your name, likeness, image, voice, recorded voice, appearance, biographical information, statements, performance, or testimonial(s) (“Your Personal IP”) in connection with Participant Content, through any media channels, for any purpose, including commercial purposes such as advertising.  Habrá Marketing does not obtain ownership of Participant Content. 

If you do not want Habrá Marketing to use your Participant Content, please contact Habrá Marketing in writing, and we will do our best to accommodate you.

20. YOU CONSENT TO RECORDING

When Participant participates in the Summit, Participant enters an area where photography, audio, or video recordings (“Recording”) may occur. By participating in the Summit, you consent to Recording and you grant Habrá Marketing a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, unrestricted license to use, distribute, reproduce, modify, sell, prepare derivative works of, perform, and publicly display (a) the Recording, in whole or in part, and (b) your Your Personal IP in connection with the Recording, through any media channels, for any purpose, including commercial purposes such as advertising.  

If you want to opt out of this Photo and Video Release, please contact Habrá Marketing in writing, and we will do our best to accommodate you.

21. NO SHARING OF OUR RECORDING

After the Summit, Habrá Marketing may provide a copy of the Recording to Participant. The copy of the Recording will be a replay of the Summit except for networking sessions or sessions involving breakouts. You are not allowed to broadcast, copy, republish, reproduce, duplicate, publicly perform, reverse engineer or commercially exploit the Recording.

22. RELEASE

Participant hereby releases and discharges Habrá Marketing, its affiliates, owners, members, managers, directors, officers, employees, agents, representatives, successors and assigns from any claims and demands arising out of or in connection with the use of Your Personal IP, including any claims for invasion of privacy, right of publicity, misappropriation or misuse of image, and/or defamation.

PARTICIPANT CONDUCT

23. RULES OF CONDUCT

Participant is prohibited from doing any of the following with respect to the Summit, Summit Content or any website or platform used to provide or host the Summit or Summit Content:

    • Committing unlawful, illegal, harmful, or fraudulent activity
    • Violating the legal rights of others (including any intellectual property, publicity, or privacy rights)
    • Causing damage
    • Impersonating or misrepresenting your affiliation with any person or entity
    • Harassing other participants 
    • Endangering the safety of any person
    • Sending unsolicited communications for advertising or promotional purposes –  No pitching, selling or promoting unless you are authorized or requested to do so by Habrá Marketing
    • Collecting any personally identifiable information from other participants without their express permission
    • Knowingly sending viruses or other disabling features, including by using trojan horse, virus, worm, spyware, or any programming routines that cause damage or interfere

24. VIOLATION OF RULES OF CONDUCT

Habrá Marketing may dismiss you, without refund should your behavior endanger the safety of or negatively affect the Summit or any person, facility or property. If Participant violates these Rules of Conduct, Habrá Marketing reserves the right to cancel or remove Participant from the Summit at our sole discretion without a refund. 

Habrá Marketing may modify or add to these Rules of Conduct at our discretion. Habrá Marketing may also post separate rules regarding your behavior at the Summit.  Participant agrees that Participant is bound by those rules, which are expressly incorporated into these Terms.

25. INTERACTIONS WITH OTHER PARTICIPANTS

You are solely responsible for your communications and interactions with other participants and others at the Summit. It’s your responsibility to take precautions when sharing any information about yourself with another participant or anyone else. Please do not share any information that may harm your business or personal interests if repeated, copied, or otherwise transmitted or implemented by a third party. You release Habrá Marketing and its affiliates, owners, members, managers, directors, officers, employees, agents, representatives, successors and assigns from any liability that may arise out of your interactions with another participant or guest of the Summit.

DISCLAIMERS

26. NO SUBSTITUTE FOR PROFESSIONAL ADVICE

The Summit and Summit Content are provided for educational and informational use only. The Summit and Summit Content are not intended as a substitute for obtaining advice specific to your circumstances from a qualified financial, legal, or medical professional.  You should consult a professional if you have specific questions about your unique situation. Habrá Marketing disclaims any liability for your reliance on any opinions or advice contained in the Summit or Summit Content. 

27. HEALTH DISCLAIMER

The Summit and Summit Content are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You are responsible for your own physical, mental, and emotional well-being.

28. RESULTS DISCLAIMER

We stand by our work. Nevertheless, you agree and understand that individual outcomes will vary. Applying the principles outlined in the Summit and Summit Content may vary from person to person, and you accept the risk that your results may differ. Therefore, Habrá Marketing cannot and does not guarantee that you will attain a particular result using the Summit or Summit Content. 

29. EARNINGS DISCLAIMER

Every effort has been made to accurately represent the Summit and Summit Content and their educational value. However, there is no guarantee that you will earn any money using the techniques and ideas in these materials. When we present revenue and sales figures, we showcase exceptional results that do not reflect the average experience. You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market.

30. USE OF TESTIMONIALS AND REVIEWS

The Summit or Summit Content may reference testimonials, reviews, case studies, or other feedback from others about the Summit or Summit Content.  Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in the Summit.

31. THIRD-PARTY LINKS AND ADVERTISEMENTS

Habrá Marketing may provide links to third-party websites, content, products, or services. Habrá Marketing is not responsible or liable for any content on those websites. If you access a third-party website, you do so at your own risk. It’s up to you to decide if those websites and their content work for you, and we recommend you do your research to find that out. 

32. AVAILABILITY; ERRORS AND OMISSIONS

Habrá Marketing tries to ensure that the availability and delivery of the Summit and Summit Content is uninterrupted and error-free. However, Habrá Marketing cannot guarantee that the Summit or Summit Content or any of their functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the websites, including Summit pages, Habrá Marketing social media or the servers that make them available, are free of viruses or other harmful components. 

33. AFFILIATE DISCLOSURE

This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements that may apply. We may include links, content, products or services created by trusted third parties with whom we have developed business relationships. Some of that trusted third-party content, products or services may involve us accepting forms of compensation (e.g., advertising, sponsorships, affiliate links, and free products). We will identify that content as sponsored, paid, affiliate, or co-branded content. However, all opinions expressed on our website are our own, and even when we are paid for some content or advertisements, we give our honest opinions or experiences about those products, services or topics. As with any other information provided on our website, before you rely or act on any information provided on our website, you should verify that information independently, which may involve contacting the trusted third party directly.

LIMIT OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS: 

34. DISCLAIMER OF WARRANTIES

EXCEPT FOR THE EXPRESS WARRANTY PROVIDED IN THESE TERMS, THE SUMMIT AND SUMMIT CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. To the fullest extent permissible by applicable law, Habrá Marketing disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. 

35. LIMITATION OF LIABILITY

Habrá Marketing will not be liable for any indirect, incidental, special, consequential or punitive damages arising from or in connection with these Terms, including losses of business, revenue, or anticipated profits, regardless of whether such damage was foreseeable and whether or not either Party has been advised of the possibility of such damages. In no event will Habrá Marketing’s liability to Participant exceed the Fees paid by Participant under these Terms, whether in contract, tort or under any other theory of liability.

36. INDEMNIFICATION

Participant agrees to defend, indemnify and hold Habrá Marketing harmless from and against any claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Summit and Summit Content or any breach of these Terms.

RESOLVING DISPUTES

37. CALIFORNIA LAW GOVERNS THESE TERMS

These Terms and all matters arising out of or relating to these Terms will be governed by and interpreted, and enforced in accordance with the laws of the state of California without regard to the conflicts of laws provision of any state or jurisdiction. 

38. INFORMAL RESOLUTION

The Parties will make a good-faith effort to negotiate any disputes arising out of these Terms. If, after 30 days, an information resolution cannot be reached, the Parties shall then submit the dispute to mediation as set forth below.

39. MEDIATION; VENUE

If a disagreement arises that the Parties are not able to satisfactorily resolve, the Parties agree to seek the service of a certified third-party mediator before initiating legal proceedings in a court of law. If a Party is residing outside California at the time of the dispute, such Party may appear by video conference at the mediation. If mediation is unsuccessful, either Party may initiate a lawsuit in Orange County, California, USA. 

40. RECOVERY OF LITIGATION EXPENSES

If any legal action, mediation or other proceeding is brought to enforce these Terms, the successful or prevailing Party or Parties will 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.

GENERAL PROVISIONS

Interpretation. For purposes of these Terms, (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms as a whole. These Terms are intended to be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted.

Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms will continue in full force.

Waiver. If the Parties fail to enforce any provision of these Terms, this will not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.

Modifications. An amendment or modification to these Terms is only effective if it is in writing and signed by both Parties.

Assignment. These Terms, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by Participant.

Notices. All notices, demands, or other communications under these Terms will be in writing by (1) overnight delivery via a nationally recognized service or (2) e-mail sent to the address specified below. Notice will be effective (1) if sent by overnight delivery, on the earlier of the other Party’s receipt of it and the fifth business day after mailing it, or (2) if by electronic mail, on the date such notice is delivered with the return of a valid delivery receipt or acknowledgment confirming that such notice was delivered to the recipient’s electronic mail server.  Either Party may, by written notice to the other Party, specify a different address for notice purposes.

To Habrá Marketing at: 

    • Mail: 8605 Santa Monica Blvd PMB 227943, West Hollywood, California 90069-4109 US
    • Email: summit@habramarketing.com

To Participant at Participant’s email or billing 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 in the manner set forth above.

Entire Agreement. These Terms, including and together with any related attachments or schedules, constitute the sole and entire agreement of the Parties with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, including advertisements or promotional materials on websites or social media.