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Thank you for attending the Future of Real Estate Summit (FORES). We hope that your FORES experience is a rewarding one and that the FORES App (the “App”) facilitates a positive experience. The App may allow you to register, explore, share your experience and interact with us or other participants at the event. These terms of use (“Terms”) govern your use of the App. By installing or using the App, you agree to the Terms. The purchase of admission to FORES and your attendance at FORES is subject to the Attendee Terms and Conditions. If there is a conflict between these Terms and the Attendee Terms and Conditions, these Terms will govern.

Your information, including personal information, will be collected and used as described in the App’s Privacy Notice and the Qualia Privacy Policy. If you are not comfortable with the information practices described in those materials, please do not use the App.

In order to reflect changes to the App or to applicable law, we may make changes to these Terms. In the event of a material change, we will make commercially reasonable efforts to notify you in advance. If you continue using the App after receiving notice of changes to the Terms, we will interpret such as use as acceptance of the updated terms.

In these terms Qualia may be referred to as we or us. App users, who are typically attendees, will be referred to as you.

1. Right to Use

Subject to compliance with these Terms, we grant you permission to use the App, including on mobile or other devices.

2. Requirements

In order to use some features of the App, you may need to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information about yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us promptly of any unauthorized use of your Account. You acknowledge and agree that information you provide in the course of using the App, such as, creating an Account, joining an event community or registering for an event, including but not limited to, name, email address, phone number, physical address, and employer, may be provided to and maintained by us, whether or not you complete the registration process, and may be used by us in connection with FORES24 or future events that you may attend.

3. Restrictions

You agree not to, and shall not permit any third party to: (i) license, redistribute, sell, lease, lend or rent the App; (ii) disassemble, reverse engineer, decompile or decrypt or attempt to derive the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the App or any documentation or data related to the App; (iii) copy, modify, improve or create derivative works or features or a competitive product to the App or any part thereof; (iv) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vi) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; and/or (vii) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches these Terms.

4. Functionality

4.1 Location Data. Certain features or functionality (“Features”) of the App may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. If you provide or we collect Location Data, we shall use it in accordance with the privacy notices referenced above. If you do not provide or make such Location Data accessible, then the Features may be limited or not operate.

4.2 Messages. The App may permit you to send messages (including via email) to us or to other App users or attendees (“Messages”). You are solely responsible for your Messages and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide right to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools or services of third party service providers to facilitate the sending of Messages to your designated recipients). You represent and warrant that your Messages will not infringe any third party right, including intellectual property or privacy rights. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of Section ‎4.3 (User Submissions) below shall also apply to Messages that you send via the App.

4.3 User Submissions. The App may permit the hosting, sharing, posting and publishing of content you create or submit (“User Submissions“). You understand that your User Submissions may be publicly available. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have the right, but no obligation, without further notice to you, to monitor, censor, edit, remove, and/or delete any and all User Submissions at any time which we believe to be in violation of Section ‎4.3.4 (Prohibited Content).

4.3.1 Right to User Submissions. Subject to this Agreement, by submitting User Submissions, you hereby grant us a worldwide, irrevocable, non-exclusive, royalty-free, perpetual right to use, reproduce, distribute, prepare derivative works of, display and perform User Submissions in connection with the App, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), to the extent permitted by law.

4.3.2 Exposure. You understand and acknowledge that when accessing and using the App: you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such User Submissions. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us in this respect.

4.3.4 Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User Submission or Message that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (x) breaches this Agreement.

4.3.6 Respect for Copyright. Qualia responds to notices of alleged copyright infringement and reserves the right to terminate the accounts of repeat infringers in appropriate circumstances as required to maintain safe harbor for online service providers under the U.S. Digital Millennium Copyright Act.

4.3.7 Third Party Services and Content. The App may allow or provide links to certain third parties or their services (each, a "Third Party"). Access to any Third Party is for your convenience and is at your own risk.

5. Payments

The App may permit you to purchase tickets or other items. If you wish to purchase in the App (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card information. You agree that all information that you provide in connection with the Transaction will be accurate, current and complete and consent to disclosure, transmission and use of such information as necessary to process the Transaction. You agree to pay all charges incurred by you at the prices then in effect. You will also be responsible for paying any applicable taxes relating to your Transactions. The sale or purchase of tickets to entertainment events may be regulated by certain state, county and city laws or regulations. You agree that you will only use payment methods that you are authorized to use for the purpose of conducting Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

6. Warranty Disclaimers

6.1. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

6.2. WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE APP. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

6.3. IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR OR TRY TO RESOLVE ANY SUCH DISPUTE.

6.4. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

7. Limitation of Liability

7.1. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, OR FOR THE COST OF SUBSTITUTE GOODS OR SERVICES, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2. IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED $1000.00.

8. Indemnity

You agree to defend, indemnify and hold harmless us and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the App in violation of these Terms, or any inability to use the App, including but not limited to your User Submissions or Messages; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any intellectual property right or privacy right. Without limiting your obligations under this section, we reserve the right (at our own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

9. Restricted Parties

You represent that you are not, and will not make the App available to, the resident of any fully embargoed country or a prohibited person under any export control or anti-terrorism law, regulation or list. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App, nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

10. Term and Termination

10.1. The Terms are effective until terminated by us or you. You are free to stop using the App and terminate these Terms at any time. We reserve the right to suspend or terminate your access to the App if we determine, in our sole discretion, that (a) you are no longer a Qualia customer in good standing; (b) you breached these Terms, or other Qualia agreements or policies; (c) terminating or suspending you is required to comply with the law; or (d) your use of the App could cause risk or harm to Qualia, our users, or anyone else.

10.2. Upon termination of this Agreement for any reason, you must cease all use of the App. Sections 3 (Restrictions), 4.3 (User Submissions), 6 (Warranty Disclaimers), 7(Limitation of Liability), 8 (Indemnity), 11.3 (Governing Law and Disputes ), and 11.4 (General) shall survive termination of this Agreement.

11. Miscellaneous

11.1. Assignment. The Terms, and any rights granted hereunder, may not be transferred or assigned by you without our written approval but may be assigned by us without restriction or notification.

11.2. Governing Law and Disputes. These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in San Francisco, CA, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.

11.3. Entire Agreement. These Terms, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and us concerning the App. In the event of a conflict between these Terms and any other communication, these Terms shall prevail.

11.4. Severability. If any term or provision of these Terms, or the application thereof, is held invalid, void or unenforceable by any court or other governmental authority having jurisdiction over the subject matter, such provision shall be enforced to the maximum extent permissible under applicable law and the remaining provisions, and any application thereof, shall nevertheless continue in full force and effect.

11.5. General. A waiver by either party of a breach or violation of any provision of these Terms will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of these Terms of Service. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.