VOICE DEVELOPER CONFERENCE

Terms of Service

 

PLEASE READ THESE TERMS. THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND ADVANTEST

These Terms of Service apply to Your VOICE 2024 Developer Conference (“VOICE”) registration and participation, whether in-person or virtually, including Your use of all VOICE related materials and the VOICE 2024 Mobile App, website and similar resources made available to You as an Attendee. By registering for any VOICE Event, as defined in these Terms, You are accepting and consenting to these Terms and all other terms and conditions to which these Terms refer and incorporate below in connection with your participation in any and all VOICE Events. Please read these Terms carefully, which are between You and Advantest America, Inc. (together with the subsidiaries and affiliates of Advantest America, Inc., collectively, “Advantest”, “we”, “our” or “us” as the context requires).

DEFINITIONS

"Attendee" means an individual registered for or attending an Event.

"Badge" means the badge provided to You when You check in for Your registered Event that confirms Your access to the Event, venue areas, and sessions.

"Event" means VOICE-related event or activity hosted or organized by Advantest, whether as an in-person event, as a virtual conference or as a combination of both, in coordination with Advantest America, Inc.’s affiliates and/or VOICE Partners, held at the 2024 event location posted at voice.advantest.com.

“Partners’ Expo” means the sponsor table/booth exposition taking place at VOICE.

"Terms" shall refer to these Terms of Service inclusive of the VOICE Privacy Notice and any other terms that are incorporated by reference herein, all of which govern VOICE, Your registration and Your participation.

"VOICE Mobile App" means the free VOICE interactive mobile application made available by Advantest through a third-party cloud-based platform for use by VOICE Users to access Event agenda, schedules, sessions and other VOICE-related information and resources, as well as to network and connect with other Attendees and provide Event feedback.

“VOICE Attendee Account” means Your attendee account automatically established for You in the VOICE Mobile App upon completion of Your VOICE registration, which the VOICE Mobile App has created and made available for optional use by VOICE Users, subject to these Terms.

"VOICE Partners" means non-Advantest committee members and those Advantest customers and suppliers sponsoring or participating in VOICE.

"VOICE Users" means individual Attendees and VOICE Partners authorized to access the VOICE Mobile App.

"You" or "Your" means You, the individual accepting these Terms, and/or if applicable the company or other legal entity on behalf of which You are accepting these Terms.

VIRTUAL CONFERENCE

Advantest reserves the right, at its sole option and discretion, to hold all or some of the related Events only online and to cancel all or some in-person Events. Advantest will use commercially reasonable efforts to provide You with early advance notice of whether such Events will be held in-person or only online, but we cannot commit to a specific notification period. You further acknowledge and agree that Advantest will bear no responsibility or liability for any inconvenience or related expenses that such decision may cause You.  In the instance an Event is held online, Advantest reserves the right to supplement these Terms with Virtual Conference Special Terms & Conditions as necessary (which supplemental terms will be notified to You if applicable). Provisions set forth or referenced in these Terms that, by their subject matter, have application only to in-person Events (e.g., provisions regarding Badges) shall not apply to an online Event.

REGISTRATION

These Terms include and incorporate by reference the VOICE Privacy Notice at https://voice.advantest.com/voice-privacy-notice/.

All Attendees must be registered through the publicly available VOICE registration webpage found at https://voice.advantest.com/register, which includes a link to an InEvent web-based or mobile application ticketing and registration platform. Your submission of an online registration is regarded as acceptance of these Terms. If You do not agree with these Terms, do not register for any Event.

To register for an Event, You must provide all registration information listed as “required” on the registration site, which information will be used to create and pre-populate Your VOICE Attendee Account and may include personal data such as first name, last (or family) name, company, address, job title and phone number. Should the information You provide (including the employment or contact information) as part of Your registration information change, it is Your responsibility to update Your contact information as soon as possible.

Attendees must be 18 years of age to attend an Event, including all Event-related activities, receptions or sessions, or to use the VOICE Mobile App.

Advantest reserves the right to cancel or terminate any registration at any time. You will receive a registration confirmation email at the email address You provide during registration.

PERSONAL DATA

Advantest will handle and protect Your VOICE registration information and VOICE Attendee Account in accordance with the VOICE Privacy Notice located at https://voice.advantest.com/voice-privacy-notice/. Any material changes to the VOICE Privacy Notice will be posted at the foregoing link and page and will take effect when updated. Such updates shall apply to Your registration and participation and shall become a part of these Terms.

Where it is in accordance with Your marketing preferences, including those provided when You registered for any Event,  Advantest may use Your email address in accordance with the VOICE Privacy Notice, including to send Advantest-, VOICE-, and Event-related updates, email “blasts”, post-event survey evaluations and follow-up communications, to inform You about services or events we believe might be of interest to You, to develop promotional or marketing materials and provide those materials to You, which may include information regarding Advantest’s products and services.

OPT OUT FROM ELECTRONIC COMMUNICATIONS

You can "opt out" of receiving any of these electronic communications by clicking on the "Unsubscribe" link at the bottom of any such electronic communication. In addition, You may also communicate Your email communication preferences or unsubscribe to any such electronic communications by sending an email to mktgcomms@advantest.com.

PAYMENT

Where payment is required for Event attendance, registrations are not considered confirmed, and access to the Event shall not be permitted, until payment is processed in full. Advantest shall have no liability, and no refunds shall be provided, either in whole or in part, for delayed Event admittance as a result of Your failure to timely pay any Event registration fees when due.

All Event registration payments must be made through the InEvent ticketing and registration platform link included on the VOICE webpage.  While your use of InEvent to register for an Event is governed by these Terms, Your access and use of InEvent to register and pay for an Event is subject to and governed by InEvent's Terms of Service and other terms of use or agreements posted on InEvent's website at  https://inevent.com/, in addition to these Terms. You are responsible for ensuring that Your use of InEvent’s site complies with any applicable terms of service or other agreements.

Event promotions and discounts cannot be combined with any other offers. Event registration fees paid may only be used for the applicable Event for which You registered and may not be applied toward the purchase of any other products, services or Events.

CANCELLATIONS AND SUBSTITUTIONS

If You are unable to attend the Event for which You are registered, You may transfer Your registration to another person within Your organization (subject to verification and any other provisions in these Terms). Please email Your request, along with registration information for the substitute Attendee, to email mktgcomms@advantest.com.

Once You paid an Event registration fee, refunds or reimbursements of any paid registration fees shall not be given.

All registration fees paid online and applicable refunds are processed in USD.

BADGES

You must have a Badge to gain access to the Event for which You are registered. Badges can be picked up at the Event check-in area at the start of the Event. Attendees must show a government-issued picture ID to be issued their Badge. Badges will not be issued without an ID and Attendees will not be admitted into the Event venue without a Badge.

Badges contain a certain QR code, which will be used to record Your general attendance and participation in VOICE; however, Advantest does not track or identify Your specific attendance at or participation in any particular Event. Advantest may require You to scan Your Badge for security and check-in purposes to gain access to the Event itself, sessions or other Event activities. VOICE Partners may also request Your consent to scan Your Badge when You visit a VOICE Partner booth at the Partners’ Expo or other Events. Scanning of Your Badge by a VOICE Partner is voluntary and You may decline any request from a VOICE Partner to scan Your Badge.

If You permit a VOICE Partner to scan Your Badge at any Event:

• The VOICE Partner will be connected to the VOICE Mobile App and, through the VOICE Mobile App, Advantest will share with such VOICE Partner Your limited personal data. This information includes Your name and the email address that You provided at the time of registration and which information was used to set up Your VOICE Attendee Account. The VOICE Partner will also be able to view and access any additional personal contact information that You have voluntarily enabled others to view through Your use of the VOICE Mobile App or when You activated Your Voice Attendee Account. (For more information regarding Your use of the VOICE Mobile App, see below: “VOICE COMMUNICATION TOOLS AND APPLICATIONS”); and
• You will be opting-in and consenting to such VOICE Partner contacting You during or following an Event, including over email, which contact may include emails or communications regarding such partner’s products or marketing materials. By opting-in to receive such emails and communications from the VOICE Partner upon scanning Your Badge, You will be subject to such VOICE Partners’ communications and privacy policy and would be required opt-out with them directly;

Allowing a VOICE Partner to scan Your Badge shall be entirely at Your own risk. Advantest shall have no responsibility or liability for any use that a VOICE Partner may make of any data, including personal data, it collects as a result of such scan.  Information collected through Badges will not be disclosed to third parties, except with VOICE Partners as set forth in these Terms.

 

PERSONAL RELEASE – PHOTOS AND VIDEO

Advantest (and/or others on behalf of Advantest) or VOICE Partners will be photographing or recording video at Events. This includes but is not limited to during keynotes, technical presentations or discussions, breakout sessions, Partners’ Expo, VOICE hosted events (such as networking events or meals) and other Event-related activities. By agreeing to these Terms and attending the Event, You hereby

• Acknowledge and give Your consent that Your image, likeness, voice, statements and other identifying characteristics (“Image”) may be photographed or recorded, and You consent to the use of Your Image in connection with the use of the photographs and/or video recordings of You arising from Your participation in the Events;
• Acknowledge and agree that when You connect, post, tag, submit or share Your Images or texts, photographs, videos, or other content (“Content”) via the VOICE Mobile App or any Instagram, X (formerly Twitter), Facebook or any similar social media feed or forum (collectively “Social Media”) using any hashtags, “Like” or “Follow” or similar social media integrations or links set forth by Advantest or VOICE, You hereby grant Advantest and VOICE a license to use Your Images and Content and to post, display or distribute them on or via its website, Social Media pages or VOICE Mobile App. When You submit an Image or Content via such Social Media, Your use of such Social Media is governed by the terms and conditions of those sites. To remove any Content or Image that You have posted on any such site, You must manage such posting, including deletion options, through the settings provided by or through such site;
• Grant Advantest, its successors and assigns, and VOICE Partners an irrevocable, non-exclusive, worldwide, royalty-free and fully paid-up, perpetual license (with the right to sublicense to third parties for the benefit of VOICE, Advantest or its successors and assigns) to use, reproduce, distribute, prepare derivative works of, translate, display, perform and otherwise exploit the Images and Content arising from Your participation in the Event, in whole or in part, in any and all media formats, including on Advantest’s, the VOICE and other websites and in publications, promotional flyers, educational materials, derivative works, or for any other similar purpose without compensation to You including, without limitation, any current or future Advantest or VOICE Developer Conferences, events or activities, and for any other similar lawful purpose;
• Agree that all Your images photographed or recorded by Advantest of You in connection with Your participation in and/or attendance at an Event, and any reproductions thereof, and all plates, negatives, recording tape and digital files (including without limitation, intellectual property rights), are and shall remain the sole property of Advantest;
• Understand and agree that such photographs and/or video recordings of You may be placed on the Internet, including on Social Media. You also understand and agree that You may be identified by name and/or title in printed, Internet or broadcast information that might accompany the photographs and/or video recordings of You;
• Understand and agree that You will not have an opportunity to review the final products before they are published or distributed;
• Represent that You are of full legal age and have read this release and fully understand its contents;
• Release, acquit and forever discharge Advantest and its agents, representatives, officers, directors, employees, sponsors, partners and service providers (collectively, “Advantest Parties”) and VOICE Partners from any and all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation; and
• Acknowledge that Your participation in the photo and video portions of the Events is completely voluntary, as is Your consent to this release.

EVENT CONTENT

The Events offer Attendees the opportunity to participate in the larger semiconductor test community by engaging in comprehensive learning and networking opportunities, sharing industry insights, building long-lasting relationships and learning what’s new about Advantest products. Nonetheless, the views expressed by any Event Attendee, speaker, exhibitor or VOICE Partner are not necessarily those of Advantest. All conference Attendees, speakers, exhibitors and VOICE Partners are solely responsible for the content of any and all individual or corporation presentations, marketing collateral, advertising and online Web content.

ASSUMPTION OF RISK

Your participation in and attendance at an Event or any related activities is completely voluntary. Advantest does not guarantee admittance to any specific Event, including any particular session or keynote, and reserves the right to refuse admittance to any Event to any Attendee, at its sole discretion. Unless specified otherwise all Events are seated on a first-come first-served basis. You accept and assume all risks of any and all personal injury or damage to Your personal property that You may face while attending an Event or related activities, using the VOICE Mobile App or using any affiliated services, and waive any claims against Advantest Parties and the VOICE Partners relating to such risks.

UNFORESEEN CIRCUMSTANCES

The Event program schedule is subject to change at any time without prior notice. Advantest cannot guarantee the attendance of any exhibitor or speaker, or that any scheduled event will take place.

Advantest will not be held liable and no reimbursement will be made, in the event of the cancellation or modification of the times, dates, sessions and/or events of an Event as a result of an event that is beyond Advantest's control, including but not limited to inclement weather, earthquake, flood, or other act of God, war, invasion, act of foreign enemy, hostilities, riot, national state of emergency, epidemic, pandemic, plague, act/threat of terrorism, civil unrest, strikes or other labor disputes, or any other similar or related event which delays or prevents any or all of the Events.

SECURITY

For the safety and security of all Attendees, VOICE Partners, visitors and guests of the Events, Advantest requires that You wear Your Badge while on site at the VOICE venue and during all VOICE activities and sessions. Advantest reserves the right to check the bags of any individuals accessing or participating in the Event at any time and without notice at Event venues or in connection with any Event activities or sessions.  Firearms and/or other weapons, explosives, and/or other hazardous materials or articles are expressly prohibited at VOICE or any Event sessions or activities, including during evening networking or other social events associated with VOICE. Advantest may take all such security measures as it may deem appropriate to address the safety and security of Attendees and VOICE Partners, without prior notice and may change any Event or other VOICE related policies at any time and without prior notice. Advantest has sole discretion to deny entry to anyone.

ACCOMMODATION AND AFFILIATED EVENT SERVICES

Advantest has obtained certain preferred rates or discounts at the hotels where the Events are being hosted and has included accommodation information and links to such hotels on the VOICE webpage. Such accommodation discounts and information have been provided solely for the convenience of Attendees and VOICE Partners; however, any information provided in connection with such third-party services does not indicate approval or endorsement by Advantest. In no event shall Advantest be liable in any way for any third-party services, including, but not limited to, quality, availability, errors or omissions, or damages of any kind. You must evaluate and bear all risks associated with the use of any third-party services, including any reliance on the availability, quality or usefulness of such services. You may be subject to additional terms and conditions that may apply when You use affiliate services, including those of the hotel regarding reservations and cancellations. Any disputes that You may have with the hotel are solely between You and the hotel, and do not involve Advantest.

VOICE COMMUNICATION TOOLS AND APPLICATIONS

VOICE MOBILE APPLICATION

Advantest has made a free VOICE mobile application available for use solely by Advantest and VOICE Users. The VOICE Mobile App is provided using a third party mobile application platform and is provided for the convenience of Attendees and VOICE Partners to enable You to stay current on Event activities, schedules, sessions, communications and similar resources and network or communicate directly with Advantest and VOICE Users, including those with whom You have chosen to directly connect through the VOICE Mobile App during and following the Event.

Your use of the VOICE Mobile App is entirely voluntary and at Your sole risk. Should You choose to use the application, the VOICE Mobile App is subject to these Terms and the terms that are included by the third party mobile application provider as a condition to Your use and access when You download, install or use the VOICE Mobile App or activate Your Voice Attendee Account ("VOICE Mobile App Terms”). Advantest reserves the right, at its sole discretion, to modify the functionality of the VOICE Mobile App or its interface at any time, to discontinue the use or any service offered through it, in whole or in part, or to substitute service providers as it deems appropriate. Such modifications, substitutions or discontinuance of services or providers may result in a change in the availability of such services or how You can use or access a particular functionality provided by or within the service.

The VOICE Mobile App may include features that operate in conjunction with certain external, third party social networking websites that you visit such as, but not limited to, Facebook, LinkedIn, Instagram, YouTube, Vimeo, and X (formerly Twitter) (“Social Network Sites”). Providing content on or through any Social Network Site is voluntary. While Your use of the Social Network Site is governed by these Terms, Your access and use of such Social Networking Site(s) and the services provided by or made available by Advantest, VOICE or the VOICE Mobile App to You as an Attendee is governed by the terms of service and other agreements posted on these sites, including their respective privacy policies or practices which may not be the same as those of Advantest or VOICE. Advantest, the VOICE Developer Conference Committee, and their respective representatives, agents and members are not responsible for the privacy practices employed by other sites. You are responsible for ensuring that Your use of those sites complies with any applicable terms of service or other agreements and should familiarize Yourself with any external party's privacy policy before visiting and/or providing any personal data through any such site.

VOICE ATTENDEE ACCOUNT

Following Your registration for an Event, Advantest will automatically create Your VOICE Attendee Account profile in the VOICE Mobile App and pre-populate it with Your name and the email address that You provided upon registration. This will enable You to activate Your VOICE Attendee Account as a registered Attendee should You choose to use the VOICE Mobile App; however, the inclusion of any additional personal data and with whom You connect or share Your contact information through the application is solely at your discretion, control and risk. Advantest does not enable any other person or party to access Your VOICE Attendee Account; provided however, that Advantest’s contracted third-party provider of the cloud-based platform on or through which the VOICE Mobile App is made available to You as a VOICE Attendee may have certain limited access to Your account in order to provide certain customer and technical support as may be needed, from time to time, for Your use and operation of the application. These service providers are prohibited from using Your personal data for any purpose other than to provide this assistance and are contractually required to protect personal data disclosed by Advantest and to comply with the general privacy principles described in the VOICE Privacy Notice.

Your VOICE Attendee Account is for Your use only and cannot be shared or used by anyone else. You are solely responsible for maintaining the confidentiality of Your VOICE Attendee Account username and password and are entirely responsible for any and all activities under Your VOICE Attendee Account. You agree to notify Advantest immediately of any unauthorized use or any other breach of security involving Your username and password or account. Advantest will not be liable for any loss incurred as a result of an unauthorized use of a username/password or account. You are solely responsible to update Your contact information as soon as possible.

Advantest reserves the right to suspend or terminate Your access to the VOICE Mobile App or Your Attendee Account immediately without any liability, upon notice, if in Advantest’s sole judgment You have violated these Terms or the VOICE Mobile App Terms. Advantest may also suspend or terminate Your use of the VOICE Mobile App, or condition Your continued use with additional terms communicated to You. If Your continued use, in Advantest’s sole judgment, poses an undue or disproportionate burden on the VOICE Mobile App, Advantest, other Attendees or VOICE Partners, the Event, or networks, or if Your activity on the VOICE Mobile App is disruptive or detrimental to other Users or the security of the VOICE Mobile App or the Event, Your account and Event registration may be cancelled, Your employer may be notified and You may be banned from further participation in VOICE or other future VOICE events.

You are responsible for Your compliance with these Terms and any terms applicable to Your access to and use of the VOICE Mobile App and with all applicable laws and government regulations.

You shall not use the VOICE Mobile App to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights. Advantest may immediately terminate Your access and use of the VOICE Mobile App and terminate Your registration without any liability or notice, if You breach of any the foregoing obligations.

Any content that You upload, post, share on otherwise display on the VOICE Mobile App is Your sole responsibility, and not Advantest’s. However, Advantest may monitor any comments, posts, pictures, links, documents, or any other content provided by VOICE Users using the VOICE Mobile App and reserves the right to remove or reject any content which Advantest, in its sole discretion, determines violates these Terms or is otherwise not in keeping with the purpose of VOICE, or any law or regulation.

VOICE MOBILE App Opt-Out

If You would like to be excluded from participation in the VOICE Mobile App, You may contact Advantest in writing at Mktgcomms@advantest.com and Advantest will not set up a VOICE Attendee Account or VOICE Mobile App profile for You. If Your VOICE Attendee Account is not established or is removed, You will be unable to use or access the VOICE Mobile App. In addition, You will be unable to participate in certain Event-related activities available through the VOICE Mobile App, connect with VOICE Partners using the Badge scanning feature, and certain Badge-related functions or services may be limited or inaccessible to You.

VOICE MOBILE APP OWNERSHIP

Subject to the limited rights expressly granted hereunder, Advantest reserves all rights, title and interest in and to the VOICE Mobile App, including all related intellectual property rights subsisting therein. Advantest grants no rights to You hereunder other than as expressly set forth herein.

GENERAL PROVISIONS

WARRANTIES

ADVANTEST MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE EVENT OR EVENT REGISTRATION WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ADVANTEST SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ADVANTEST DOES NOT REPRESENT OR WARRANT THAT YOUR ATTENDANCE AT OR PARTICIPATION IN ANY EVENT OR YOUR USE OF ANY TOOLS, WEBSITES OR CONTENT PROVIDED HEREUNDER (THE "EVENT MATERIALS”) OR THE VOICE MOBILE APP WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE VOICE MOBILE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.

FURTHERMORE, ADVANTEST MAKES NO REPRESENTATION THAT THESE TERMS, OR THE EVENT MATERIALS, ARE APPROPRIATE, AVAILABLE OR LEGAL IN TERRITORIES OUTSIDE THE USA. THOSE WHO CHOOSE TO ACCESS THESE EVENT MATERIALS FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LAWS.

YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT AND THAT YOU CAN AND WILL COMPLY WITH ALL THE TERMS OUTLINED HEREIN.

LIMITATION OF LIABILITY

ADVANTEST PARTIES SHALL NOT HAVE ANY LIABILITY TO YOU, ANY ATTENDEE OR ANY THIRD PARTY FOR ANY PUNITIVE, INCIDENTAL, SPECIAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS OR PROFITS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, OR THE EVENTS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, INDEMNITY, CONTRIBUTION OR OTHERWISE AND EVEN IF ANY OF THE LIMITED REMEDIES IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. TO THE EXTENT THAT LIMITATION OF LIABILITY IS PERMITTED BY LAW, ADVANTEST’S CUMULATIVE LIABILITY UNDER THESE TERMS FOR ALL CAUSES OF ACTION, WHETHER ASSERTED AS A TORT CLAIM OR CONTRACT CLAIM, SHALL NOT EXCEED US$500.00.  THE REMEDIES IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

COMMUNICABLE DISEASE ASSUMPTION OF RISK AND WAIVER OF LIABILITY

An inherent risk of exposure to COVID-19, flu, or other communicable disease exists in any place where people gather and such diseases are extremely contagious and can lead to severe illness and death. Advantest cannot guarantee that You will not become infected with a communicable disease at VOICE. Further, Your attendance could increase Your risk of contracting a communicable disease. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19, flu, or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the Event, however caused or contracted (“Claims”), and voluntarily waive all Claims and potential Claims against the Advantest Parties relating to such risks. You hereby release, covenant not to sue, discharge, and hold harmless the Advantest Parties from Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Advantest Parties, whether a COVID-19, flu, or other communicable disease occurs before, during, or after participation in VOICE.

CHANGES TO THESE TERMS

Advantest may make changes to these Terms from time to time. You understand and agree that if You participate in any Event or use the VOICE website or VOICE Mobile App after the date on which the Terms have changed, Your use will signify acceptance of the updated Terms.

THIRD PARTY WEBSITES, LINKS AND TOOLS

VOICE and associated websites may contain links to other third-party sites and networking tools provided for the convenience of users. Your use of such sites and tools may be subject to Your agreement and compliance with certain additional terms and conditions provided by such third parties as a condition to Your use and access.  Advantest is not responsible for the content of any linked site or any link contained in a linked site. Advantest reserves the right to remove any links at any time. Use of or access to any such third-party sites or networking tools is entirely at Your own risk.

GOVERNING LAW AND JURISDICTION

These Terms and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the State of California and controlling United States federal law, without regard to their conflicts of laws rules that mandate the application of the laws of another jurisdiction or the United Nations Convention on the International Sale of Goods.

VENUE, WAIVER OF JURY TRIAL

The state and federal courts located in Santa Clara County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. Each party hereby consents to the exclusive jurisdiction of such courts. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.

RELATIONSHIP OF THE PARTIES

These Terms and the activities governed hereby do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Except as to the Advantest Parties, there are no third-party beneficiaries to these Terms.

WAIVER AND CUMULATIVE REMEDIES

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

SEVERABILITY AND ASSIGNMENT

If any provision in these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent Advantest. Advantest’s sole remedy for any purported assignment in breach of this paragraph shall be termination of this Agreement and non-participation in VOICE. Advantest may assign these Terms, in whole or in part, as necessary for the execution of VOICE without Your consent and at its sole discretion. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties in relation to VOICE and Event registration and supersede all prior and contemporaneous terms, agreements, proposals or representations, written or oral, concerning its subject matter. If any VOICE Mobile App terms and conditions conflict with these Terms, the VOICE Mobile App terms will supersede these terms with regards to any VOICE User's activity or use of the VOICE Mobile App.

To the extent that these Terms are translated, such translation is provided for solely for convenience, and the English version of these Terms shall govern any disputes arising here from.