SAASTR EVENT ATTENDEE ROLLOVER AMENDMENT
This Rollover of SaaStr Event Attendee Event Terms and Conditions (“Amendment”) is made by and between SaaStr, Inc. and its affiliates, successors, representatives, and assigns (“Company”) and the Attendee who previously registered for a Postponed Event (defined below). The parties agree as follows:
Amendment of SaaStr Event Terms and Conditions.
Both parties desire to amend certain obligations under the SaaStr Event Registrant Terms and Conditions previously agreed to by Attendee as consideration for registering for any SaaStr 2020 in-person events (“Agreement”) and to settle amicably and discharge all known and unknown disputes and claims between them that may arise from that Agreement and any SaaStr 2020 events postponed (“Postponed Event(s)”) due to the worldwide, national, and state-wide emergency COVID-19 coronavirus pandemic (“COVID-19”). To the extent any terms in this Amendment contradict or conflict with any terms in the Agreement, the terms of this Amendment shall supersede and take precedence. The parties agree to replace the Postponed Event(s) with the following benefits (collectively, “Rollover Attendee Package”):
SaaStr VIP Passport, including replacement of Postponed Event(s) with the following:
An all-access pass to attend any virtual or in-person Company event between the Effective Date and December 31, 2021.
Rollover Attendee Package Total Value: $1999
Payments previously made under the Agreement have been applied as payment in full for the Rollover Attendee Package under this Amendment.
No Admissions; Release and Waiver.
Any payments made under this Amendment are not an admission or liability, and the parties hereby terminate all obligations with respect to the Postponed Events under the Agreement. Each party on behalf of itself and its officers, directors, employees, representatives, agents, assigns, and successors (collectively, “Representatives”) releases and forever discharges the other party and its Representatives from all actions, suits, claims, and expenses of any nature, known or unknown, past, present or future, which may arise from a party’s obligations under the Agreement with respect to Postponed Events or the termination of those obligations under this Amendment. The parties further agree that this release constitutes a waiver of California Civil Code Section 1542, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Each party understands the effect of this provision and has had the opportunity to discuss it with its attorney. The parties understand that this provision is not intended as releasing either party from any actions, suits, or claims in connection with any breach of this Amendment or a breach of, or actions or omissions inconsistent with any of the terms of this Amendment.
This Amendment shall be effective as of the date Attendee either electronically click-accepts this Amendment or the date Attendee registers for a Company event or otherwise accesses Company-provided content through the SaaStr VIP Passport (“Effective Date”) and shall continue until fulfillment of each party’s obligations, unless terminated sooner as permitted under the Agreement or this Amendment.
No Refunds; No Chargebacks.
As of the Effective Date, Attendee acknowledges and agrees that no refund of the amount paid for Postponed Events will be owed, and that the SaaStr VIP Passport is provided “AS IS” without warranties of any kind, either implied or express. Because we have a clear No Refunds policy and Attendee has agreed to this Amendment as a condition of using the SaaStr VIP Passport or otherwise accessing SaaStr-provided content, Company will not permit any actual or threatened chargebacks from Attendee or Attendee’s credit card company. In the event that Company receives a chargeback threat during or after Attendee’s purchase or a chargeback is placed on Attendee’s purchase, Company will report your name, email, order date and amount, billing address, and a description of the incident to Equifax, Experian, and TransUnion credit bureaus, and to any other entity in Company’s sole discretion, to ensure the incident is included in chargeback databases and delinquent account listings. That report may negatively impact Attendee’s credit score, and we will require that Attendee make a full payment of the chargeback amount plus any attorney fees or other expenses incurred in connection with the chargeback incident before Company will remove Attendee from those databases.
COVID-19; Force Majeure.
The parties acknowledge and agree that this Amendment is executed due to and during a force majeure event: COVID-19. Therefore, regardless of any other provisions in the Agreement or this Amendment, the parties acknowledge and agree that the worldwide, national, and state-wide emergency of the COVID-19 and all other occurrences outside Company’s reasonable control that may make it illegal, impossible, inadvisable, or commercially impractical to provide Services constitute a force majeure event. Therefore, both parties agree COVID-19 and other force majeure events may affect the timely performance of some or all of the terms of this Agreement, and the parties intend all terms of the Agreement shall be timely performed, except for performance by Company that is made illegal, impossible, inadvisable, or commercially impractical, as determined in Company’s reasonable discretion, as a result of government-ordered closures of venues, services, and other spaces, government-issued shelter-in-place and quarantine orders, government and agency restrictions and recommendations placed on individuals and groups of individuals, health and travel restrictions, floods, fires, wars, epidemics, pandemics, illness, accidents, internet and third party application connectivity, loss of electricity, delays by the other party, and other impediments to performance caused directly or indirectly by any event or circumstances outside the Company’s reasonable control. Company shall not be considered in breach of this Amendment or otherwise liable to the other party for any delay or failure by Company to perform its obligations in any of those instances, as long as Company notifies the other party as soon as reasonably possible (email shall suffice). Company will not provide refunds for these or any other reasons.
This Amendment, together with the SaaStr Event Registrant Terms and Conditions, is the exclusive agreement between the parties with respect to its subject matter and as of the Effective Date supersedes all prior agreements, negotiations, representations, and proposals, written or oral, related to its subject matter. These terms cannot be modified, supplemented, or rescinded except by an agreement in writing signed by an authorized officer of all parties. There are no conditions precedent to effectiveness except those expressly stated here, and these provisions may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealing. In entering into this Amendment, neither party has relied upon any statement, representation, warranty, or agreement of the other party except for those expressly contained in the Amendment. No waiver of any breach of any provisions of this Amendment shall be effective unless set forth in an agreement in writing signed by the party against which enforcement of the waiver is sought, and no waiver of any breach will be deemed a waiver of any subsequent or other breach. Nothing in this Amendment shall constitute either party as a partner, agent, fiduciary, franchisor, or employee of the other. In both parties’ dealings with third parties, neither party shall hold itself out as a partner, agent, fiduciary, franchisee, or employee of the other party. This Amendment shall be binding upon and inure to the benefit of the parties and their successors and assigns.