Terms of attendance

As a registered attendee or participant ("you") at Out-of-Pocket Hackathon (the "Event") you agree to these terms and conditions (collectively, the "Agreement") with Out of Pocket Health, LLC ("OOPH"). If you are completing the registration on behalf of another individual, you warrant that you have made the attendee or participant aware of this Agreement and that he or she has accepted these terms and conditions.

Attendee Requirements

• Admittance. Your registration entitles you only to admittance to the Event. All other costs associated with your attendance (e.g., travel and accommodation expenses) shall be borne solely by you, and OOPH shall have no liability for such costs.
• Use of Likeness. By attending the Event you grant OOPH the right at the Event to record, film, photograph, or capture your likeness in any media and to distribute, broadcast, use, or otherwise disseminate, in perpetuity, such media without any further approval from or any payment to you.
• Event Content. OOPH, in its sole discretion, reserves the right to change any and all aspects of the Event, including but not limited to, the Event name, themes, content, program, speakers, moderators, venue and time.
• Identification. At time of check-in, you must provide a form of photo identification.

Hardware and Device Use

• Duty of Care. By accepting a Device, you acknowledge that the Devices are on loan to you for the duration of the hackathon only and you pledge to treat them with reasonable care and caution. You agree to take all reasonable precautions to prevent damage, loss, or theft of the Devices.
• On-Site Use Only. All Devices must remain on the Event venue premises at all times. Devices may not be removed from the venue for any reason, including overnight, between Event days, or during breaks. Removal of any Device from the premises constitutes a material breach of this Agreement and may result in immediate disqualification from the Event, reporting to law enforcement, and full liability for replacement costs.
• Prohibited Modifications. You may not jailbreak, root, flash, or otherwise modify the operating system, firmware, bootloader, or security features of any Device. You may not attempt to bypass, disable, or circumvent any manufacturer security measures, access restrictions, or software protections. Any such modification or attempted modification will result in:
  
  • Immediate disqualification from the Event
  • Liability for full replacement cost of the Device at retail price
  • Potential prohibition from future OOPH events
  • Possible referral to law enforcement if applicable
• Permitted Use. Devices may only be used for authorized hackathon development activities in accordance with the manufacturer's terms of service and developer agreements. You must comply with all manufacturer guidelines, API documentation, and developer program requirements for each Device.
• Prohibited Uses. You may not use Devices in any manner that:
  
  • Could cause physical harm or injury to any person
  • Violates the privacy rights of any individual
  • Constitutes unauthorized medical testing, diagnosis, or treatment
  • Creates potential legal liability for OOPH, sponsors, or other participants
  • Violates any applicable laws, regulations, or industry standards
• Testing and Data Collection. If you test Devices on other individuals:
  
  • You must explain what data will be collected and how it will be used
  • You may not test on minors (individuals under 18)
  • You must respect any individual's right to withdraw consent at any time
  • You must handle all collected health data responsibly and in compliance with applicable privacy laws
• Data Privacy and Security. You acknowledge that:
  
  • All Devices will be factory reset before distribution and must be factory reset before return
  • Devices may be reused by other participants or returned to sponsors
  • OOPH and device sponsors are not responsible for any personal data you choose to sync or store on Devices
  • Wearable devices collect sensitive health data; you must use such data responsibly and may not share, publish, or disclose another person's health data without their explicit consent

Device Condition and Inspection.

Unacceptable behavior will not be tolerated at OOPH events. OOPH reserves the right, without refund, to revoke the credentials of attendees whose conduct is deemed inappropriate, disorderly, or offensive and in violation of the above mentioned guidelines. Violating this agreement may also result in prohibition from attending all future OOPH events.

• Pre-Existing Issues: You must inspect all Devices immediately upon check-out and report any defects, malfunctions, damage, or missing components to Event staff before leaving the check-out area. Pre-existing issues documented at check-out will not be your responsibility. Failure to report pre-existing issues at time of check-out will result in the presumption that damage occurred while in your possession.
• Normal Wear and Malfunction:You will not be held liable for Device failures caused by manufacturing defects or normal use, provided such failures are promptly reported to Event staff and you have not violated any terms of this Agreement.
• Return Requirements. You must return all Devices by 4/19 on the final day of the Event. Before returning any Device, you must:
  • Factory reset the Device to remove all personal data and accounts
  • Unpair the Device from all phones, tablets, computers, and applications
  • Return all original accessories, charging cables, cases, and documentation
  • Present the Device to Event staff for inspection and sign-off

Unreturned or Stolen Devices.

• Unreturned Devices: Failure to return any Device by the specified deadline will result in the Device being reported as missing. You will be charged the full retail replacement cost of the Device and all accessories, which will be processed using the payment information on file.
• Lost or Stolen Devices:If a Device is lost or stolen while checked out to you, you must report the loss to Event staff immediately. You remain fully liable for the replacement cost of any unreturned Device regardless of the circumstances of the loss. OOPH may, at its sole discretion, report thefts to law enforcement.
• Device Availability and Malfunctions. OOPH and sponsors make no guarantees regarding Device availability, functionality, or performance. OOPH and sponsors shall not be liable for any impact on your hackathon project resulting from Device malfunctions, software bugs, API limitations, battery life, connectivity issues, or any other technical problems. Event staff will attempt to replace malfunctioning Devices when possible, but replacement is not guaranteed.
• No Insurance Coverage. OOPH does not provide insurance coverage for Device damage or loss. You may wish to verify whether your personal insurance policies (such as homeowner's or renter's insurance) would cover such liability before accepting Device check-out.
• Medical Disclaimer. All projects built during this Event are prototypes for educational and demonstration purposes only. Your projects are not medical devices and must not be used, marketed, or represented as tools for medical diagnosis, treatment, health monitoring, or medical decision-making. Any health or fitness data generated during the Event should be treated as experimental and not relied upon for medical purposes.
• Indemnification. You agree to indemnify, defend, and hold harmless OOPH, its sponsors, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use, misuse, damage, loss, or theft of any Device, or any breach of your obligations under this Agreement.

Prohibited Conduct

• Limitations on Use. By registering, you agree not to share, transfer, sell or trade your registration. If you violate this policy, OOPH may cancel your attendance.
• ‍Attendance Expectation. You are expected to behave responsibly and treat the community with respect. Please do not:
  • Demean, discriminate, abuse, harass, or threaten those who you engage with online, at the event, and the venue.
  • Spam and/or distribute unsolicited sales and marketing materials to event participants before, during and after the event.
  • Post content that is obscene or otherwise objectionable.
  • Use OOPH materials for your own commercial or advertising purposes without prior consent.
  • Publish OOPH copyrighted content without prior consen
  Unacceptable behavior will not be tolerated at OOPH events. OOPH reserves the right, without refund, to revoke the credentials of attendees whose conduct is deemed inappropriate, disorderly, or offensive and in violation of the above mentioned guidelines. Violating this agreement may also result in prohibition from attending all future OOPH events.

Privacy Policy

• We rely on our sponsors to put on the Event, and we share your email addresses with them so that they can communicate with you about their services. We've chosen our sponsors carefully, to the point you'll be excited to hear from them. You have the choice to provide or withhold consent of your registration contact information to exhibitors at the conference.
• By registering for or attending the Event, you acknowledge and agree that Out-Of-Pocket may collect and process your personal information (e.g. name, email, job title, company) for purposes including event operations, analytics, enrichment with publicly available data, and post-event communications about relevant offerings. This processing may be conducted using third-party platforms such as Apollo.io/ Clay.
• You can opt out of future communications at any time via the unsubscribe link in our emails. For more information, please refer to our Privacy Policy.

Intellectual Property

• For the avoidance of doubt, nothing in this Agreement shall be deemed to vest in you any legal or beneficial right in or to any trademarks or other intellectual property rights owned or used under license by OOPH; nor does this Agreement grant to you any right or license to any other intellectual property rights of OOPH, all of which shall at all times remain the exclusive property of OOPH.
• Participant Intellectual Property - Open and Non-Proprietary. All intellectual property, including but not limited to software code, algorithms, hardware designs, prototypes, applications, concepts, and innovations created during the Event (collectively, "Participant IP") shall be deemed non-proprietary and freely available for use by any party. By participating in the Event, you agree that:
  • No individual participant, team, sponsor, or other party may claim exclusive ownership of any Participant IP created during the Event
  • All Participant IP may be freely used, modified, distributed, and built upon by any person or entity without restriction or obligation
  • You waive any ownership claims or intellectual property rights to work created during the Event
  • Participant IP is effectively contributed to the public domain for the advancement of healthcare innovation
• Sponsor Rights. Event sponsors and Device providers have no exclusive ownership claim or rights to any Participant IP, consistent with the open nature of all work created at the Event. Sponsors may request demonstrations, presentations, or information about projects.

Disclaimer of Warranties, Limitation of Liability

• OOPH gives no warranties in respect of any aspect of the Event or any materials related thereto or offered at the Event and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. The Event is provided on an "as-is" basis. OOPH does not accept any responsibility or liability for reliance by you or any person on any aspect of the Event or any information provided at the Event.
• Except as required by law, OOPH shall not be liable for any direct, indirect, special, incidental, or consequential costs, damages or losses arising directly or indirectly from the Event or other aspect related thereto or in connection with this Agreement.
• The maximum aggregate liability of OOPH for any claim in any way connected with, or arising from, the Event or this Agreement, whether in contract, tort, or otherwise (including any negligent act or omission), shall be limited to the amount paid by you to OOPH under this Agreement.

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