TERMS AND CONDITIONS

THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

READ THESE TERMS OF SERVICE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE PROVIDED BY THE NERD LAS VEGAS, LLC AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, AND PROPERTIES (COLLECTIVELY, “COMPANY,” “THE NERD,” “WE,” “US,” OR “OUR”).

These Terms of Service (“Terms”) govern your access to and use of the desktop website, mobile-optimized website, mobile application, or other online service where these Terms are posted or linked (collectively, the “Site”).

Assent. By using the Site, you agree to be bound to these Terms and our Privacy Policy. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Site in any manner, and each of your heirs, assigns, and successors. The Site reserves the right to deny access to any person who violates these Terms.

Site Services. The Site provides users with access to a collection of online resources, including communication tools, online forums, and special content. Any new features that enhance the Site are subject to these Terms. We may add, change, or remove aspects of the Site at any time without notice. You must obtain Internet access and provide all necessary equipment to use the Site.

Eligibility. The Site is intended for persons who are 18 years or older. By accessing or using the Site, you represent and warrant that you are 18 years old or older.

Content. The Content on the Site is for informational purposes only and is not intended to replace professional advice. The Company does not recommend, guarantee, or endorse any specific products, services, companies, or information mentioned on the Site. Reliance on any information provided by the Company is solely at your own risk.

Copyright. All content on the Site, including text, photographs, images, audio clips, video, and software, is owned by THE NERD and/or its licensors and suppliers. Unauthorized use of the content is strictly prohibited. You may not republish, distribute, or create derivative works from any content on the Site without prior written permission from the Company.

User Registration. Registration is not required to view certain content. However, to use some parts of the Site, you may be required to register and provide certain information about yourself. You are responsible for maintaining the confidentiality of your password and for all activities under your registration account.

Promotions. The Site may contain or offer sweepstakes, contests, or other promotions, governed by separate rules. It is your responsibility to read those rules to determine eligibility and requirements.

Transactions and E-Commerce. Transactions involving the purchase of products or services on the Site are handled by third-party processing agents. You agree that all returns, cancellations, or other issues with any purchase made on the Site will be dealt with between you and the third-party provider.

User Content Representations and Warranties. By submitting any content to the Site, you represent and warrant that you have all necessary rights to the content and that it will not cause injury to any person or entity.

User Content License. By providing User Content to the Site, you grant THE NERD a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, reproduce, distribute, publish, publicly perform, and create derivative works from such content.

Unsolicited Material and Ideas. If you transmit unsolicited submissions to us, you grant THE NERD a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, reproduce, distribute, publish, publicly perform, and create derivative works from such submissions.

By entering an event or program of the Horizon Foundation, you are entering an area where photography, audio and video recording may occur.

Your entry and presence on the event premises constitutes your consent to be photographed, filmed, and/or otherwise recorded and to the release, publication, exhibition, or reproduction of any and all recorded media of your appearance, voice, and name for any purpose whatsoever in perpetuity in connection with the Horizon Foundation and its initiatives, including, by way of example only, use on websites, in social media, news and advertising.

By entering the event premises, you waive and release any claims you may have related to the use of recorded media of you at the event, including, without limitation, any right to inspect or approve the photo, video or audio recording of you, any claims for invasion of privacy, violation of the right of publicity, defamation, and copyright infringement or for any fees for use of such record media.

You understand that all photography, filming and/or recording will be done in reliance on this consent. If you do not agree to the foregoing, please do not enter the event premises.

User Content Screening and Removal. The Site may pre-screen User Content and has the right to move, remove, or refuse any content that violates these Terms or is otherwise objectionable.

Advertisements & Linked Sites. The Site may contain links to other websites. THE NERD is not responsible for the content or practices of any other websites.

General Disclaimer and Limitation of Liability. The Site and its content are provided "as is" and "as available." THE NERD disclaims all warranties and is not responsible for any damages arising from the use of the Site.

Indemnity. You agree to indemnify and hold harmless THE NERD from any claims arising from your use of the Site, your User Content, or any violation of these Terms.

Disputes. Any disputes arising from these Terms will be resolved through binding arbitration in Clark County, Nevada, and you waive your right to participate in a class action lawsuit.

Modifying These Terms. THE NERD reserves the right to change these Terms at any time by updating this page. Your continued use of the Site constitutes your acceptance of any changes.

Termination. THE NERD reserves the right to terminate your access to the Site at any time for any reason.

Entire Agreement. These Terms constitute the entire agreement between you and THE NERD regarding your use of the Site.

Effective Date: June 15th, 2024