1. Who We Are

1.1 OpenCFP Central

Welcome to OpenCFP Central! We are a event and speaker management platform, helping speakers find opportunities to share their expertise and helping events create amazing speaker lineups.

1.2 The Services

OpenCFP Central’s websites and domains, including www.opencfp-central.com, and all of the webpages, subdomains and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us, including our API (application programming interface) are offered, maintained and provided by OpenCFP Central. We refer to all of these as our “Services.”

1.3 Users

Through the Services, OpenCFP Central provides a platform registered users to find, attend, speak at, and organize events. These registered users are known collectively as “Users”. In the context of an event, Users are also event organizers (“Organizers”) and the users who are creating or submitting talks for selection from said events are known known as “Speakers”. We refer to Organizers, Speakers and other visitors and browsers of the Services collectively as “Users”, “Organizers”, “Speakers” or “you.”

1.4 Contracting Party

The Services are being provided to you by, and you are entering into these Terms of Service with, Grumpy Learning Inc, a Canadian corporation with its principal place of business at 116 Radcliffe Crescent, Lucan, Ontario, Canada, N0M 2J0 (“Grumpy Learning”).

For purposes of these Terms of Service, Grumpy Learning, as applicable, shall be referred to as “OpenCFP Central,” “us,” “we” or “our.”

1.5 Privacy Policy

OpenCFP Central only collect information explicitly shared with us. That includes your email and name from your single-sign-on provider when you register so we can email you updates after you’ve submitted talks. Beyond that the only data we collect is the submissions you’ve explicitly created on our platform and choose to submit to conferences. Submissions can only be seen by you and the event organizers to whom you are submitting. These are kept confidential until accepted and published.

All of our information is stored using services provided by Heroku. Information is kept indefinitely unless you decide to delete your account, in which case you can just email us (opencfp@grumpy-learning.com)

Your information is shared with events that you explicitly submit to, as well as made public when you mark a talk as “public”. For corporate customers, we also let speakers opt-in to share information with their organization. No third parties collect personal information or have access to the information we have collected.

We do use cookies to track your logged in session, once logged out that cookie is destroyed.

Users are able to delete any information they want about themselves from our platform or choose ask us to terminate their account (termination is permanent).

Questions? Email us at opencfp@grumpy-learning.com

2. Our Terms Of Service 2.1 Terms of Service Agreement

The following pages contain our Terms of Service Agreement (“Terms of Service”). These Terms of Service govern all of our Services, all of which are offered subject to your acceptance without modification of these Terms of Service.

3. Your Acceptance 3.1 Binding Agreement

You agree to these Terms of Service and you enter into a binding contract with OpenCFP Central either when you create an account. If you are not a registered user or an unregistered User, you agree to these Terms of Service and you enter into a binding contract with OpenCFP Central by downloading Applications or using, accessing or browsing any part of the Services. If you do not agree to any portion of these Terms of Service, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Service, do not use or access the Services.

3.2 Modifications

OpenCFP Central reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms of Service (or any of the agreements that make up these Terms of Service) at any time (collectively, “Modifications”). Modifications to these Terms of Service will be posted to the OpenCFP Central website with a change to the “Updated” date at the top of these Terms of Service. In certain circumstances OpenCFP Central may provide you with additional notice of such Modifications, via email or with in-Service notifications. Modifications will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you, except that changes addressing new functions of the Services or which do not impose any additional burdens or obligations on you will be effective immediately. It is your responsibility to check these Terms of Service periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to these Terms of Service constitutes acceptance of those Modifications as well. If any Modification to these Terms of Service is not acceptable to you, you must cease accessing, browsing and otherwise using the Services. Other than as set forth in this paragraph, these Terms of Service may only be modified through a written Services Agreement or written Addendum Agreement, signed by you and an authorized officer of OpenCFP Central.

4. Term; Termination 4.1 Term

These Terms of Service are effective upon your Acceptance as set forth under Section 3.1 above and continue in effect until terminated.

4.2 Termination by OpenCFP Central

Except to the extent we have agreed otherwise in a separate written Addendum Agreement or Services Agreement between you and an authorized officer of OpenCFP Central, OpenCFP Central may terminate your right to use the Services at any time for (a) your violation or breach of these Terms of Service; (b) your misuse or abuse of the Services; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose OpenCFP Central to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that OpenCFP Central shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.

4.3 Termination by You

Except to the extent you have agreed otherwise in a separate written Addendum Agreement or Services Agreement between you and an authorized officer of OpenCFP Central, you may terminate your access to the Services and these Terms of Service by deleting your account. If you need help deleting your account, please email us @ opencfp@grumpy-learning.com. In the event there is a separate agreement between you and OpenCFP Central governing your use of the Services and that agreement terminates or expires, these Terms of Service (as unmodified by such agreement) shall govern your use of the Services unless and until you delete your account.

4.4 Survival of Terms

All provisions of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).

5. Special Terms For International Use 5.1 Canadian Export Laws

The Services are subject to Canadian export controls and economic sanctions laws. In accepting these Terms of Service you represent and warrant that:

(a) you are not located in, and you are not a national or resident of, any country to which Canada has embargoed goods and/or services of the same type as the Services (“Restricted Countries”)

6. Important Legal Terms Governing All Use Of The Services (AKA, The Legal “Stuff”) 6.1 Indemnification

You agree to defend, indemnify and hold OpenCFP Central, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of: (a) your breach of these Terms of Service, including, without limitation the Terms of Use and any other part of these Terms of Service; (b) your improper use of the Services; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; or (d) in the case of Organizers, your events or the fact that OpenCFP Central was providing Services with respect to those events, provided that in the case of (d), this indemnification shall not apply to the extent that the Claim arises out of OpenCFP Central’s gross negligence or willful misconduct. OpenCFP Central shall provide notice to you of any such Claim, provided that the failure or delay by OpenCFP Central in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure.

6.2 Disclaimer of Warranties

OPENCFP CENTRAL PROVIDES OUR SERVICES USING A COMMERCIALLY REASONABLE LEVEL OF SKILL AND CARE AND WE TRY TO KEEP OpenCFP Central UP, BUG-FREE AND SAFE. BUT THERE ARE CERTAIN THINGS THAT WE DON’T PROMISE ABOUT OUR SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OpenCFP Central HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BY WAY OF EXAMPLE, OpenCFP Central MAKES NO WARRANTY THAT (A) THE SERVICES (OR ANY PORTION OF THE SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT OpenCFP Central HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING USERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS OR THE ABILITY OF ANY USER (INCLUDING SPEAKERS AND ORGANIZERS) TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION AND OpenCFP Central IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND OpenCFP Central HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES.

NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.3 Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, OpenCFP Central, AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, AND EMPLOYEES, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE TERMS OF USE AND ANY OTHER PART OF THESE TERMS OF SERVICE, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OpenCFP Central HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (C) ANY OF YOUR CONTENT (AS DEFINED IN THE TERMS OF USE) OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES, OR (D) ANY MATTERS BEYOND OpenCFP Central’S REASONABLE CONTROL. NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6.4 Release

OpenCFP Central provides a platform in which Speakers and Organizers can interact. However, OpenCFP Central could not function if it were held responsible for the actions or inactions of different Speakers, Organizers, or Users and/or third parties both on and off the Services. Therefore, as an inducement to OpenCFP Central permitting you to access and use the Services, you hereby agree to release OpenCFP Central, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”

6.5 Trademarks

The trademarks, service marks and logos of OpenCFP Central (the “OpenCFP Central Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of OpenCFP Central. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with OpenCFP Central Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of OpenCFP Central specific for each such use. The Trademarks may not be used to disparage OpenCFP Central, any third party or OpenCFP Central’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless OpenCFP Central approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any OpenCFP Central Trademark shall inure to OpenCFP Central’s benefit.

6.6 Notices

Notices to you may be sent via either email or regular mail to the address in OpenCFP Central’s records. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact OpenCFP Central or deliver any notice, you can do so as follows:

Grumpy Learning Inc Email: opencfp@grumpy-learning.com

6.8 Entire Agreement

These Terms of Service, including the Terms of Use and any other part of these Terms of Service, constitute the entire agreement between you and OpenCFP Central and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and OpenCFP Central on the subject matter hereof, other than any written Services Agreement or Addendum Agreement between you and an authorized officer of OpenCFP Central relating to a specified event or events.

6.9 Choice of Law

Except as set forth in Section 6.10 below, these Terms of Service and the provision of the Services to you are governed by the laws of the province of Ontario, Canada, without reference to principles of conflict of laws.

6.13 Violations

Please report any violations of these Terms of Service by email to opencfp@grumpy-learning.com.

6.14 Assignment

We may, without your consent or approval, freely assign these Terms of Service and our rights and obligations under these Terms of Service, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.

6.15 Relationship

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service, except to the extent expressly set forth in Section 4 of the Terms of Use.

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