ONS Congress Exhibitor and Sponsor Rules and Regulations

These ONS Congress Exhibitor and Sponsor Rules and Regulations (these “Rules”) apply to exhibitors and sponsors at ONS Congress (the “Event”). By exhibiting or sponsoring at the Event, or by applying to do so, the organization identified as the exhibitor or sponsor in the application (the “Organization”) agrees and intends to be legally bound by these Rules. For purposes of these Rules, the term “Event Activity” means the Organization’s exhibit or sponsorship for the Event as identified in the application. The “Event Manager” is SmithBucklin.

* * * COVID-19 Information * * *

Please see https://congress.ons.org/ for up-to-date information about COVID-19 and ONS Congress 2022. ONS intends to follow all applicable laws, regulations, directives and orders of government authorities regarding COVID-19, guidance and recommendations from health authorities, including but not limited to Centers for Disease Control and Prevention (CDC), Department of Health (DOH), and Occupational Safety and Health Administration (OSHA), as well as requirements from all sites and facilities where ONS Congress 2022 activities will take place, including the Anaheim Convention Center. Entry requirements may be imposed in connection with ONS Congress 2022, including but not limited to face masks, social distancing, proof COVID-19 vaccination, negative COVID-19 test result, temperature screening, symptom/exposure questionnaire, and such other measures as may be advisable or required. Please see Section 9 and Section 14 of these Rules for additional information. ONS expects that all exhibitors and sponsors, as well as their employees, agents, and contractors, will comply with all applicable laws, regulations, policies, and procedures relating to COVID-19 at ONS Congress 2022. This includes, in particular, entry requirements to the venue for ONS Congress 2022. Exhibitors and sponsors are advised that their employees, agents, and contractors may be denied entry to ONS Congress 2022 for failure or refusal to comply with entry requirements.

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1.Application. ONS is not obligated to process an application until the Organization submits a complete application and pays all applicable fees. The individual completing the application (whether an employee of the Organization or a third party acting on behalf of the Organization or otherwise) represents that he or she is an authorized to act on behalf of the Organization and bind the Organization to these Rules and its payment obligations hereunder. ONS will not have waived its right to require, at any time and without liability, that the Organization satisfy these requirements. ONS reserves the right to deny an application in its sole discretion, and if it does, ONS will notify the Organization and refund all fees actually paid to ONS for the Event Activity.

 

2. Fees. The Organization shall pay all fees stated in the application for the Event Activity. If the Organization applies but fails to pay in full, the Organization remains liable for all fees, and ONS will have no obligations with respect to the Event Activity and may release or reassign or modify the Organization’s booth or space. The Organization’s failure to pay all fees in full prior to the start of the Event will result in the Organization’s forfeiture of all fees paid. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance or the maximum permitted by law, whichever is lower, and costs of collection. If the Organization fails or refuses to pay, ONS may hold any the agency or third party who submitted the application on the Organization’s behalf liable for any fees, without prejudice to any of ONS’s other rights or remedies; by submitting an application on behalf of an Organization, the agency or third party agrees to be liable for any unpaid amounts by the Organiation. Except as expressly stated in these Rules, all sales are final, and fees are noncancellable and nonrefundable. Checks should be made payable to ONS and mailed to Oncology Nursing Society Exhibits, P.O. Box 3500, Pittsburgh, PA 15230-3500. The Organization is solely responsible for all taxes in connection with its Event Activity (other than taxes based on ONS’s income), as applicable, as well as all costs and expenses appropriate or necessary for the Organization to enjoy or implement its Event Activity, including costs and expenses for travel, lodging, equipment, and internet access.

 

3. Cancellation by Organization. If the Organization wishes to cancel its Event Activity for any reason, the Organization must notify ONS in writing through an authorized representative of the Organization. If the notice of cancellation is received on or before October 1, 2021, ONS will refund the fees paid by the Organization; otherwise, no refunds will be issued and ONS will have no liability to the Organization. Upon the Organization’s cancellation, ONS will have no obligations with respect to the Event Activity, and ONS may without liability cancel any one or more of the following, if applicable: the Organization’s ordered advertisements, the Organization’s reserved housing space, the Organization’s reserved hospitality space, and any of the Organization’s other exhibits or sponsorships in connection with the Event.

 

4. Event Control. For the safe and orderly administration of the Event, ONS reserves the right, in its sole discretion, to exercise control over the Event and the Event Activity, including but not limited to the right to prohibit, limit, or modify any conduct or activities at the Event.

 

5. Eligibility. ONS intends the Event to be a premier event for oncology nursing professionals. The Event Activity will be limited to the Organization identified on the application and the scope stated therein. ONS may, in its sole discretion, determine the Organization’s eligibility to participate in the Event or the Event Activity. ONS may refuse an application or remove the Organization from the Event if, in ONS’s sole discretion, the Event Activity is incompatible with the character and objectives of the Event. If ONS initially deems the Organization to be eligible to participate in the Event Activity but later determines that the Organization is not eligible, then the Organization will be deemed to have cancelled in accordance with Section 3 (Cancellation by Organization) and no refund will be issued.

 

6. Media; Licenses and Permissions. The Organization consents to and authorizes the use, reproduction, and public release, by ONS of any and all recordings in whatever medium, including video, audio, or other transcript, gathered in relation to the Event. The Organization agrees all such recordings will be the property of ONS, solely and completely. The Organization has obtained sufficient rights and releases from any employees, agents, and contractors working for or on behalf of the Organization at the Event (“Organization Staff”), to grant ONS a perpetual, unrestricted, and royalty-free right to use their likeness, photograph, voice and or name in the recording including any portion thereof, for advertising, publicity, trade or any other lawful purposes, in any medium now known or hereafter to be developed and do hereby release and forever discharge ONS from any and all claims resulting directly or indirectly from use of the recordings. The Organization is solely responsible for, and shall obtain at its sole cost and expense, all necessary licenses or permissions for its Event Activity and shall provide Event Manager with copies thereof at least 30 days before the start of the Event.

 

7. Names and Logos. The Organization permits ONS to publicly refer to the Organization as a “Sponsor” or “Exhibitor” for the Event. In addition, the Organization permits ONS to use the Organization’s name, logos, and trademarks in connection with the Event (excluding any content created by the Organization for the Event), including but not limited to use in enduring or archived content from the Event or to promote (via print, internet, social media, or any other media now known or hereafter developed) the Event or subsequent events organized by ONS. The Organization shall not use ONS’s name, logos, and trademarks without ONS’s prior written consent.

 

8. Compliance. In connection with the Event and the Event Activity, the Organization shall, and shall cause Organization Staff to: (a) comply with these Rules and all other policies, rules, and regulations applicable to the Event and the Event Activity, including but not limited to those of the Event venue and facilities, as well as the Code of Conduct (available at https://congress.ons.org/ons-congress-code-of-conduct/) and Exhibitor Service Manual (under the Rules and Regulations tab at www.congress.ons.org), both of which are incorporated herein by reference, (b) comply with all laws and regulations, including but not limited to the Americans with Disabilities Act, laws relating to anti-bribery and anti-corruption (including but not limited to the United States Foreign Corrupt Practices Act), the General Data Protection Regulation 2016/679, and the California Consumer Privacy Act, (c) shall not violate the privacy, publicity, or intellectual property rights of any third party (including but not limited to patent, trademark, copyright, trade secret, or similar rights).

 

9. COVID-19 Protocols. The Organization acknowledges the risks presented by COVID-19. See https://congress.ons.org/ for more information. In connection with the Event, the Organization shall, and shall cause Organization Staff to, comply with (a) all applicable laws, codes, statutes, ordinances, rules, regulations and lawful directives or orders of public officials administering such laws, of any governmental authority with jurisdiction over Orange County, California, as may be amended or otherwise revised from time to time, including without limitation, all applicable State and Federal Department of Health (DOH) directives, Occupational Safety and Health Administration (OSHA) regulations, Environmental Protection Agency (EPA) regulations and Centers for Disease Control and Prevention (CDC) regulations, and (b) all policies and procedures applicable to the Event, including but not limited to any COVID-19 health and safety guidelines posted at https://congress.ons.org/ as may be updated from time to time by ONS. The Organization shall inform all Organization Staff of, and ensure that all comply with, any Entry Requirements prior to entry onto any Event Premises (as hereinafter defined). For purposes of these Rules, (a) the term “Entry Requirements” means any one or more of the following: face mask, social distancing, proof of COVID-19 vaccination, negative COVID-19 test result, temperature screening, COVID-19 symptom/exposure questionnaire, and similar measures, and (b) the term “Event Premises” means the Anaheim Convention Center, any other venue or facility used in connection with the Event (including for ICW Events) and authorized Event hotels. The Organization shall immediately notify ONS of any health risks posed by an Organization Staff, including any Organization Staff who has been confirmed or is suspected to be infected with the COVID-19 virus within 14 days of having been on Event Premises or having had in-person contact with any ONS personnel. The Organization shall assist ONS in its efforts to mitigate the impact of this potential exposure by providing reasonable information, cooperation and assistance to ONS, and procuring the cooperation of Organization Staff in such efforts. In particular, the Organization shall provide the following information to ONS if requested: the name and role of the Organization Staff concerned, the dates and times of potential exposure to ONS personnel and/or others present at the Event Premises, the names or roles of ONS personnel they had been in contact with, the Organization Staff’s confirmed or suspected COVID positive status, and such other information as ONS may reasonably request for the purpose of protecting those individuals. In addition, if requested, the Organization shall perform, or, at ONS’s option, shall allow ONS to perform contact tracing for ONS personnel who may have come into close contact with any Organization Staff who tests positive for COVID-19. The Organization shall ensure that it has provided all notices and procured all consents or authorizations required under applicable laws (including any applicable privacy laws) to enable it to comply with its obligations under this Section 9.

10. Miscellaneous Restrictions and Requirements

10.1. Booth Assignment. ONS may, in its sole discretion, assign booth locations. While ONS will try to honor requests for specific booth locations, ONS does not guarantee that any request will be accommodated or that any specific booth location will be available. Assignments will be deemed accepted by the Organization unless the Organization notifies the Event Manager within 14 days after receiving an assignment, in which case the Organization will be reassigned to secondary or alternative space at ONS’s sole discretion, and no refunds will be given. ONS will refund all payments received with an application for exhibit space to any applicant for whom space is not available or to whose application is rejected by ONS. Any space not reserved prior to the start of the event may be re-allocated or removed by ONS without any obligation on the part of ONS.

10.2 Funding. Funding provided through Event Activity is not contingent on the purchase, recommendation, or referral of the Organization’s products and is not intended to encourage ONS to order, prescribe, or recommend the Organization’s products or services.

 

10.3.Priority Points. Space selection is based on a priority point system. Priority points are awarded to exhibitors according to the Space Selection Guidelines available upon request by emailing the Event Manager at onssponsorships@smithbucklin.com.

 

10.4. Career Fair Rate. The Organization must select booth space in the Career Fair Pavilion if it qualifies for the Career Fair Rate.

 

10.5. Patient Advocacy Exhibit Rate. The Patient Advocacy booth rate is limited to patient advocacy organizations that can provide proof of 501(c)(3) status. Patient advocacy organizations are those that provide resources and support for patients, survivors, and care providers. Eligibility for this rate is subject to ONS approval. The Organization must select space in the Advocacy Pavilion if it qualifies for the Patient Advocacy Exhibit Rate.

 

10.6. Subletting. The Organization shall not sublet, share, or transfer its assigned space without ONS’s prior written approval.

 

10.7. Event Registrations. If applicable for the Event Activity, ONS may provide the Organization with designated number of registrations to be used only by certain Organization Staff as determined by ONS in its discretion. The Organization must register the designated Organization Staff before the Event. Registrations cannot be shared, substituted, or transferred without ONS’s prior written approval. The Organization shall not engage in any conduct designed to circumvent restrictions on unauthorized or unregistered individuals from attending the Event. Registrants will be required to register for the Event and agree to the applicable terms and conditions for Event registrants at the time of registration. ONS reserves the right to withhold registrations associated with certain event activities (without liability, reduction in fees, or any requirement to provide alternative benefits) if the Organization imposes certain requirements on ONS in connection with such registrations.

 

10.8. Exhibitor Service Manual. Detailed regulations regarding the construction, height, and layout of exhibits are included in the Exhibitor Service Manual, which can be found under the Rules and Regulations tab at www.congress.ons.org. Please contact onssponsorships@smithbucklin.com for a copy of the Exhibitor Service Manual.

 

10.9. Exhibition Construction and Layout. ONS reserves the right to control the layout of Event and venue. The Organization shall provide floor covering for its booths, which must reach aisle to aisle. Bare concrete is prohibited. The Organization is responsible for any costs needed to finish off back walls and open areas behind its pop-up or hard wall structure. The Organization shall not store any cartons behind its booth. No signs or other articles are to be fastened to walls or electrical fixtures. The use of thumb tacks, scotch tape, nails, screws, bolts, or any tool or material which could mark the floor or walls is prohibited.

 

10.10. Authorized Event Housing. The Organization shall use the ONS authorized Event housing bureau, Maritz Global Events – AT&L Inc. d/b/a Experient, for all housing accommodations associated with the Event.

 

10.11. Marketing Activities. The Organization shall confine its marketing activities to its allotted booth space. Aisle space may not be used for exhibits, signs or displays, or solicitation. Distribution of cards, circulars, samples, or exhibit material is prohibited in areas outside of the learning hall unless separately purchased. Strolling advertisements are not permitted. Demonstrations in booths must be designed to take place and keep the audience within the existing booth space to allow the free flow of traffic in the aisles.

 

10.12. Solicitation. The Organization shall not solicit from beyond or outside of its designated booth area. Solicitation includes, but is not limited to, distributing literature, journals, and promotional materials.

 

10.13. Special Visual and Audio Effects. Audio-visual and other sound and attention-getting devices and effects will be permitted only in those locations and in such intensity as, in ONS’s sole discretion, do not interfere with the activities of the Event. Subject to these limitations, video recording is permitted within an Organization’s booth space. Operation of all such equipment is subject to union regulations. 

 

10.14. Cash Sales. If the Organization is a publishing company, it may sell oncology-related books and journals during show hours. Otherwise, the Organization shall not conduct cash sales in its booth or the learning hall without ONS’s approval. The Organization may take orders, so long as it collects and remits city and state sales tax.

 

10.15. Fundraising. Without ONS’s prior written approval, the Organization shall not engage in any fundraising activities at the Event.

 

10.16. Prize Contests. Contests, raffles, sweepstakes, lotteries, or games of chance are prohibited without prior written approval. Email requests to onssponsorships@smithbucklin.com.

 

10.17. Handouts/Giveaways. The Organization shall not use ONS’s name, logos, or other trademarks on any handout or giveaway without prior written approval. Email requests to onssponsorships@smithbucklin.com. Food or beverage giveaways may also require prior written approval from the venue or catering service.

 

10.18. Music. Without the consent of the copyright holder, the Organization shall not play or perform any copyrighted music at the Event. This prohibition does not apply to unpublished original music used in promotional materials.

 

10.19. Photography. No photography or videography is allowed by any photographer other than the designated Event photographer of ONS without prior written approval from ONS.

 

10.20. Children. Children are permitted in the Learning Hall if accompanied by an adult at all times, who will be responsible for all damage caused by the child. Strollers are prohibited. Children under 18 are not permitted on-site during set-up or dismantle.

 

10.21. No Pets. No pets or animals are permitted in the Learning Hall.

 

10.22. Set-Up and Dismantle. If an exhibit booth is not set up by 5:00 on the Wednesday immediately preceding the Event, ONS may reassign or otherwise re-use the space, at the Organization’s cost and expense. The Organization shall keep exhibits intact until the learning hall closes. The Organization shall not remove an exhibit, in whole or in part, during the learning hall’s hours of operation without ONS’s prior written approval; a violation of this prohibition will result in a 25% booth fee and ONS may revoke the Organization’s privileges. The Organization shall remove all equipment and materials from the learning hall at the time designated by ONS. If the Organization fails to remove equipment or materials when directed by ONS, the Organization may incur late charges, or ONS or its designee may remove the equipment and materials, dispose of them at ONS’s discretion without liability, and charge all costs and expenses for the breakdown, removal, and shipment of the equipment and materials to the Organization.

 

10.23. Fire Regulations. Fire hose cabinets must be left accessible and in full view at all times. All display material must be flame proofed and subject to inspection by the local fire department. No flammable fluids or substance may be used or shown in booths.

 

10.24. Organization Staff; Property Damage. The Organization is responsible for all acts or omissions of its Organization Staff. No signs or other articles are to be fastened to walls or electrical fixtures. The use of thumb tacks, scotch tape, nails, screws, bolts, or any tool or material which could mark the floor or walls is prohibited. The Organization is solely responsible for all damage to the venue caused by the Organization or Organization Staff.

 

10.25. Security. Although security will be on duty, the Organization is solely responsible for the safety of Organization Staff, and its and their personal property. ONS will not be responsible for any loss, damage, or theft of any personal property. The Organization is responsible for insuring its own property.

 

10.26. Acquisitions. The Organization will not be released from any payment obligations if the Organization is acquired by, merges, consolidates or otherwise combines with another entity, even if that other entity has paid or is obligated to pay for privileges in connection with the Event.

 

10.27. In Conjunction With Events. All independent industry-sponsored events, including but not limited to symposia, ancillary events, focus groups, social event, or otherwise affiliated with the Event (each an “ICW Event”) must be approved by ONS. ICW Events that compete with, or may draw attendees from, the Event are prohibited. Based on the available facilities, no request for an ICW Event should be considered approved until confirmed by ONS in writing. Approved off-premises ICW Events are subject to the applicable administrative access fee and may only be held during designated hours. If an agency/third party is securing space on behalf of the Organization, proof of appointment must be submitted with the request. Verification (on Organization letterhead and signed by an authorized representative) from Organization appointing an agency or other third party to secure function space on the Organization’s behalf must be submitted with the request. Failure to hold an ICW Event during the designated hours may result in the loss of ONS priority points and incur additional fees, including but not limited to the applicable administrative access fee. Requests to extend timeslots must be submitted to ONS at least four weeks prior to the Event and are subject to approval. All companies holding an ICW Event must contact onssponsorships@smithbucklin.com for approval, even if meeting space is not requested and an unofficial venue is being used. In-person ICW Events that include the operation of musical instruments, radios, sound projection equipment, or any noisemaking machines must be conducted or arranged so that the noise resulting from the demonstration will not annoy or disturb adjacent events, nor cause the aisles to be blocked. Operators of noisemaking ICW Events must secure approval of operating methods before the Event opens. The Event Manager shall be the sole judge of what constitutes appropriate sound levels. In-person registration areas may be located directly outside of each sponsor’s room and shall not interfere with neighboring events. Registration lines must be structured in an orderly fashion to include stanchion and must stay located on the same side of the wall as the event. The Event Manager shall be the sole judge of what constitutes an orderly registration line and reserves the right to relocate or restructure. ONS reserves the right to change meeting space, dates, and/or timeslot assignments to benefit the Event. Changes will be communicated in writing to the Organization. In-person symposia space will be assigned based on the time slot selected, competing topics, required meeting space needs, and date request was received. ONS reserves the right to assign the next best substitute timeslot when the requested timeslot is not available. Since it is not always possible to contact each individual company for new timeslot selections, the Organization must make multiple choices on its application. Submitting a request does not guarantee assignment. Assignments and confirmations will not be provided without payment in full. In-person meeting space will be confirmed in writing to the individual listed on the application or request form approximately 4 months prior to the show. Once space is assigned, the Organization shall work directly with the facility and the audiovisual vendor on the ICW Event. At in-person events, facilities may require deposits to confirm space assigned by ONS. Facility cancellation fees may be charged. Cancellation of function space will result in cancellation fees to be paid in accordance with the established cancellation policies outlined. A disclaimer must be printed on all promotional materials for symposia or educational offerings supported by any group other than ONS. This disclaimer will clearly state that ONS does not promote or endorse any of the information presented within the ICW Event. The same disclaimer information must be shown to the Organization’s audience prior to the start of any symposia for a minimum of 30 seconds. Proofs of disclaimers will not need to be submitted to the Event Manager for approval. Disclaimer information will be provided with the confirmation of the Organization’s ICW Event. For ONS Congress 2022, titles, funding information, and descriptions must be provided by the deadlines stated on www.congress.ons.org to guarantee inclusion on signage and in the attendee guide and by the deadlines stated on www.congress.ons.org to be included in the Event app and/or the website. If titles and funding information are not received by the indicated deadlines, ONS may use the information provided on the Organization’s application in all materials. All in-person symposia sponsors are limited to one branded sign with maximum measurements of 4’x8’. Sign must remain directly outside of ICW Events. Registration line signage and human directionals are approved. The Event Manager reserves the right to remove excess signage.

11. Force Majeure. If ONS determines in its sole discretion to cancel, postpone, or re-site the Event, or reduce the move-in and installation time, exhibition time, or move-out time, due to Force Majeure (as hereinafter defined), ONS will be excused from any failure or delay to perform its obligations in connection with the Event and the Event Activity, and in such case if the Organization submits to ONS a written request for a refund within 30 days from the date of ONS’s invocation of this provision, then ONS shall refund all fees paid by the Organization, which will be the Organization’s sole and exclusive remedy, and ONS’s sole liability, resulting in connection therewith. For purposes of these Rules, the term “Force Majeure” means a cause or condition beyond ONS’s reasonable control, including but not limited to an act of God, fire, flood, inclement weather, government intervention, war, strike, lock-out, labor dispute, riot, terrorist act, curtailment of transportation, pandemic, epidemic or contagious disease, failure or delay of ONS’s third party suppliers or service providers, or any other cause beyond ONS’s reasonable control that makes it illegal, impossible, impracticable, or inadvisable to hold the Event or Event Activity as contemplated. This provision does not permit the Organization to cancel; the Organization’s cancellation rights, if any, are stated in Section 3 (Cancellation by Organization).

 

12. Data Privacy. If in connection with an Event Activity, ONS or any Event attendee discloses to the Organization any information (“Personal Data”) relating to an identified or identifiable natural person (the “Data Subject”), then with respect to Personal Data, the Organization shall: (a) collect, store, use, and disclose such Personal Data in compliance with all applicable laws and regulations and only for the purpose of the Event Activity unless ONS provides written instructions otherwise; (b) appropriately inform any Data Subject about the Data Subject about the Organization’s collection, storage, use, and disclosure of Personal Data and ensure that the Data Subject’s consent is appropriately secured; (c) not disclose Personal Data to any third party other than the Organization needing access to such Personal Data for purposes of the Event Activity, unless ONS has consented to the disclosure and entered into a written agreement with the third party that imposes restrictions on use and disclosure of Personal Data at least as restrictive as those stated herein; (d) not place ONS in violation of any applicable laws or regulations; (e) promptly notify ONS of (i) any legally-binding request for disclosure of Personal Data, (ii) any accidental or unauthorized access of Personal Data, or (iii) any request received from or on behalf of a Data Subject, without responding to that request unless ONS has in writing authorized the Organization to do so. The Organization acknowledges that Personal Data, if any, is provided or made available to the Organization solely for the purpose of the Event Activity. Personal Data will not become property of the Organization. The Organization shall maintain technical and organizational processes and procedures that ensure a level of security appropriate to the risks represented by the processing and the nature of the data to be protected to safeguard all personal information received from ONS and/or Data Subjects from and against any accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. The Organization consents to ONS collecting, storing, using, and disclosing data on the Organization’s application, designated registrations provided by ONS in connection with the Event Activity as described in Section 16.1 (Event Registrations), or any written agreement between ONS and the Organization concerning the Event Activity. ONS may share collected information with certain third parties, including the Event Manager, the authorized Event housing bureau (see Section 10.10), ONS’s authorized vendors, exhibitors, sponsors, and service providers, without further consent or action by the Organization. See https://www.ons.org/legal-notices for ONS’s Privacy Policy for more information or for ONS’s Data Processing Addendum, if applicable to the Event Activity and subject to these Rules.

 

13. Insurance. The Organization shall maintain insurance coverage in such amounts and against such risks as is commercially reasonable to maintain, including but not limited to liability insurances, workers compensation, and automobile insurance (if applicable). All policies shall name ONS as an additional insured. Upon request, the Organization shall provide certificates of insurance and policy endorsements evidencing such coverage and shall not do anything to invalidate such insurance. 

 

14. COVID-19 Acknowledgements and Release. The Organization acknowledges the contagious nature of COVID-19, and voluntarily assumes the risk that Organization Staff may be infected by COVID-19 while on Event Premises, and that such infection may cause personal injury, illness, permanent disability, or death (each, a “COVID-19 Injury”). The Organization understands that the risk of a COVID-19 Injury to Organization Staff occurring on the Event Premises may result from the actions, omissions, or negligence of the Organization Staff and/or others, including, but not limited to Event Parties. The Organization releases, covenants not to sue and discharges Event Parties from any claim that a COVID-19 Injury resulted from such party’s presence on Event Premises, whether such injury occurred before, during or after contact with Event Premises, including all liabilities, claims, actions, damages, costs or expenses of any kind (including reasonable legal fees) arising out of or relating thereto (collectively, “COVID-19 Claims”). For purposes of these Rules, the term “Event Parties” means ONS, the venue owner/operator, ONS’s contractors and third-party service providers, as well as the affiliates, subsidiaries, and related companies and of each of the foregoing and their respective directors, officers, employees, agents, representatives, and volunteers. The Organization acknowledges the provisions of California Civil Code Section 1542, which provides: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

15. No Warranties; Disclaimers. ONS makes no representations or warranties about the Event, express or implied, including but not limited to any warranties concerning accuracy, quality, correctness, completeness, comprehensiveness, currency, timeliness, suitability, availability, compatibility, merchantability, fitness for a particular purpose, title, noninfringement, or otherwise, and regardless of any course of dealing, custom, or trade usage. Although the Event may address medical topics, no part of the Event is medical advice or a substitute for independent professional and clinical judgment or individual patient assessment. While the Event may refer to concepts of diagnosis or therapy, the Event should not be used for specific diagnostic or treatment determinations. ONS does not warrant that the event will meet the Organization’s expectations or requirements regarding event attendance, traffic, or interaction. For digital portions of the Event, ONS does not warrant that the Event will be error-free or uninterrupted or free of harmful components, and ONS will not be responsible for access to the internet, for any interception or interruption of any communications through the internet, or for changes to or losses of data through the internet.

 

16. Limitation of Liability; Limitation of Actions. ONS will not be liable for any lost profits, loss of business opportunity, or for any indirect, incidental, consequential, or punitive damages, regardless of legal theory and regardless of whether ONS was advised of the possibility in advance. For any liability that cannot be excluded or limited under law, ONS’s maximum liability to the Organization will be limited to the fees actually received by ONS from the Organization for the Event Activity giving rise to the liability. The Organization shall not commence a Claim (as hereinafter defined) more than 1 year from the final date of the Event.

 

17. Indemnification. The Organization shall defend, indemnify, and hold the Event Parties (as hereinafter defined) harmless from and against any claims, damages liabilities, personal injury including death, property damage, penalties, fines, judgments, amounts paid in settlement, and costs and expenses (including legal fees) arising out of or related to (a) the Organization’s acts or omissions, including the Organization’s negligence or willful misconduct, (b) the Organization’s attendance at or participation at the Event or the Event Activity, (c) the Organization’s violation of these Rules, (d) use of the Organization’s name, logos, and trademarks, and (e) COVID-19 Injuries and COVID-19 Claims, including but not limited to those suffered or incurred by Organization Staff. As between ONS and the Organization, the Organization waives any statutory workers compensation immunity in connection with any Organization Staff’s claims arising out of or relating to COVID-19.

 

18. Governing Law. Excluding its conflicts of law principles, Pennsylvania law governs these Rules and any disputes arising out of or relating to the Event, the Event Activity, or these Rules, including torts.

 

19. Arbitration Agreement; Class Action Waiver; Jury Trial Waiver. Any dispute, controversy, or claim, whether in contract, tort, statute, or otherwise, arising out of or relating to the Event, the Event Activity, or these Rules (“Claim”) will be exclusively resolved through mandatory, confidential, final, and binding arbitration to judicial arbitration and mediation services, inc. (“JAMS”); (b) this Section 16 (Arbitration Agreement) is governed by the Federal Arbitration Act (“FAA”); (c) the FAA is applicable because ONS and the Organization are engaged in transaction involving interstate commerce; (d) the arbitration shall proceed before a single arbitrator; (e) the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures; (f) any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision; (g) the arbitrator shall have the power to award any remedies, including reasonable legal fees and costs, available under applicable law; (h) judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction; (i) the award may be vacated or modified only on the grounds specified in the FAA or other applicable law; and (j) any arbitration conducted pursuant hereto shall take place in Allegheny County, Pennsylvania, and the Organization waive objections to jurisdiction, venue, and inconvenience of the forum in connection therewith. The Organization agrees that any Claim will be an individual claim, that the Organization shall not bring claims against ONS in a representative capacity on behalf of any other individual or third party, that the Organization shall opt out of any class proceeding, and that the Organization shall not assert class or collection action procedures. The Organization further waives any right to a trial by jury for any Claim.

20. General

20.1. Scope. These Rules are the entire and exclusive agreement of ONS and the Organization with respect to the Event and the Event Activity, superseding any prior or contemporaneous oral or written agreements concerning the same subject matter. These Rules take precedence over any other document between ONS and the Organization concerning the Event (including but not limited to a purchase order, confirmation, letter of agreement, letter of request, sponsorship agreement, services agreement, or otherwise), even if such document does not reference or incorporate these Rules. If the Organization’s application and/or these Rules are attached to any such document, it will be deemed a ratification (and not an amendment) of these Rules and their precedence over the document to which they are attached, notwithstanding any integration clause or similar clause contained in the document. These Rules cannot be modified by printed or handwritten additions, deletions, changes, or strikethroughs; if these Rules are purported to be so modified and attached to any such document, any modifications inconsistent with the Rules as stated on www.congress.ons.org will be voidable by ONS. If notwithstanding this Section 20.1, ONS is or in its determination may be bound by any purported modifications to these Rules, ONS may at its sole option refund all fees actually paid by the Organization for the Event Activity, in which case the purported modifications to these Rules will be voidable by ONS, ONS will be released from any and all liability or obligations in connection therewith, and such refund will constitute the Organization’s sole and exclusive remedy for any actual or alleged breach thereof. ONS’s previous acceptance of terms different from those stated in these Rules does not obligate ONS to accept the same terms again or accept any variation to these Rules.

 

20.2. Amendments. ONS may amend these Rules at any time and without notice. Any amendments will be posted to www.congress.ons.org. By participating in the Event or the Event Activity, the Organization will be deemed to have accepted any such amendments.

 

20.3. Interpretation. All interpretations, as well as answers to questions and matters not specifically covered by these Rules, will be decided by ONS in its sole discretion.

 

20.4. Violations. ONS reserves the right to enforce any violation of these Rules in its sole discretion. If the Organization violates these Rules, ONS may, without refunding any fees, do any one or more of the following: curtail or revoke the Event Activity, expel the Organization from the Event, void some or all of the Organization’s priority points, or ban the Organization from future events.

 

20.5. Severability. Any provision of these Rules held by a court of competent jurisdiction to be unenforceable will be severable from these Rules and will not affect the enforceability of any other provisions.

 

20.6. No Waiver. ONS’s failure to object to or to take action with respect to any conduct of the Organization that violates these Rules will not waive ONS’s rights in connection therewith. Any waiver of ONS’s rights must be signed by an authorized representative of ONS and specifically reference these Rules.

 

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