Rules and Regulations for 2021 ONS Conferences for Exhibitors and Sponsors

Rules and Regulations for 2021 ONS Conferences for Exhibitors and Sponsors

These Rules and Regulations (these “Rules”) govern exhibitor and sponsorship privileges at 2021 ONS Bridge (the “Event”) as organized by Oncology Nursing Society (“ONS”). By applying for privileges at the Event, or by exhibiting at or sponsoring at the Event, the exhibiting or sponsoring organization, as applicable (the “Organization”) agrees and intends to be legally bound by these Rules and any changes made in accordance with these Rules.

1.Application. ONS is not obligated to process an application or grant privileges until the Organization applies for the Event and pays all applicable fees. 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. The individual completing the application (whether an employee of the Organization or a third-party agency acting on behalf of the Organization or otherwise) represents that he or she is an authorized representative.

 

2. Fees; Payment. The Organization shall pay all fees when it submits its application. If the Organization applies but fails to pay in full, the Organization remains liable for all applicable fees. 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 application and exhibitor or sponsorship privileges, as applicable, as well as all costs and expenses appropriate or necessary for the Organization to enjoy the benefits of its privileges, including costs and expenses for travel, lodging, equipment, and internet access. If the Organizations cancels or otherwise abandons the privileges for which it applied, all fees will be forfeit and not refunded, and the Organization will remain liable for any unpaid fees. The Organization will also be charged a $250 administrative fee.  

 

3. Scope. These Rules take precedence over any other document concerning the Event (including but not limited to a purchase order, confirmation, sponsorship agreement, services agreement, the Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less, or otherwise), even if the document does not reference, attach, or incorporate these Rules. Any such document will not be deemed to amend these Rules unless the document is signed by ONS and the Organization and specifically references the provision of these Rules to be amended. These Rules cannot be modified by printed or handwritten additions, changes, or strikethroughs. 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.

 

4. Third-Party Agencies. If a third-party agency submits an application on behalf of the Organization, the third-party will be an “Organization” for purposes of these Rules. If the Organization on whose behalf the third-party agency submits an application fails to pay the applicable fees, the third-party agency will be liable to ONS for the unpaid amount.

 

5. Code of Conduct. The Organization shall, and shall cause its employees, agents, and representatives to, comply with ONS’s Code of Conduct, which is available at https://www.ons.org/legal-notices and incorporated into these Rules by reference.

 

6. Funding. Funding provided through an exhibition or sponsorship 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.

 

7. Force Majeure. ONS may cancel the Event, in whole or in part, due to circumstances beyond ONS’s control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, epidemic, pandemic, public health emergency, labor strikes or shortages, acts of civil or military authority, war, terrorism, government regulation, civil unrest, curtailment of transportation facilities, acts or omissions of carriers or suppliers, internet outage, loss of any necessary utility, unavailability of the Event venue or authorized hotels, or any other emergency or non-emergency condition that makes the Event impossible, illegal, impractical, or inadvisable. If ONS invokes this provision, fees paid by the Organization will not be refunded, and ONS will instead apply the Organization’s fees paid to the next ONS event (whether virtual or in-person) in ONS’s discretion. If ONS invokes this provision, ONS will not be liable for any damages, losses, or costs and expenses incurred, such as transportation costs, accommodations costs, or financial losses. 

 

8. Compliance; Violations. The Organization shall comply with all rules and regulations of the Event venue, as well as all applicable laws and regulations, including but not limited to the Americans with Disabilities Act, all intellectual property and data privacy laws and regulations, and if applicable Payment Card Industry Standards (PCI DSS). The Organization shall not engage in unethical conduct, conduct violative of the Organization’s own policies, or conduct that, in ONS’s sole discretion, may adversely affect ONS’s business interests or the Event or its attendees. 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 Organization’s privileges, expel the Organization from the Event, void some or all of the Organization’s priority points, or ban the Organization from future events.

 

9. Data Privacy. If in connection with the Event, 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 Organization enjoying its privileges with the Event 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 to enjoying its privileges in connection with the Event, 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 enabling the Organization to enjoy its privileges in connection with the Event. 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 or any written agreement between ONS and the Organization concerning the Event. ONS may share collected information with certain third parties, including authorized vendors, exhibitors, sponsors, and service providers. ONS’s privacy policy is available here: https://www.ons.org/privacy-policy

 

10. Media; Intellectual Property

10.1. 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.

 

10.2. Names and Logos. The Organization hereby grants to ONS a non-exclusive, perpetual, unrestricted, and royalty-free license, to use the Organization’s name, logos, and trademarks (and excluding any content created by the Organization for the Event) for ONS’s internal purposes, in connection with 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 (including the Event logo) without ONS’s prior written consent.  

11. Additional Terms and Restrictions for Virtual Events.

11.1. Registration. If the Organization is an exhibitor, ONS will give the Organization the number of complimentary exhibit-hall-only registrations outlined in their exhibit package. Registrations may only be used by the Organization’s employees, and the Organization must register the designated employees 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.

 

11.2. Exhibitor Booth Assignment. All virtual booths will appear within the conference platform and will be categorized by tier as well as subcategories identified by the exhibitor.

 

11.3. Recordings. Except for Organization-owned content, the Organization shall not record, download, broadcast, or stream all or any part of the Event.

 

11.4. Event Content. For any content provided by the Organization, the Organization warrants that (a) it owns or has the right to provide such content for use in the Event, (b) such content does not infringe the intellectual property rights of any third party, and (c) such content will not portray ONS or the Event in a false, misleading, derogatory, or defamatory manner or in any way that may adversely affect ONS’s business.

 

11.5. Restrictions. The Organization shall not interfere with, disable, reverse engineer, or otherwise attempt to circumvent the security features of the Event. The Organization shall not scrape, spider, use a robot, or any other automated or nonautomated means in connection with the Event.

 

11.6.Third-Party Links. In connection with the Event, ONS may link to third party applications, such as plugins and websites (“Third Party Applications”). ONS does not control these Third-Party Applications and is not responsible for their content, operation, or use. Third-Party Applications may be modified or disabled at any time, and ONS has no obligation to provide notice of such modifications. By linking to Third-Party Applications, ONS does not make any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of information or services provided by such Third-Party Applications. ONS will have no liability arising out of the Organization’s use of Third-Party Applications.

 

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

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

12. 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 jweber@smithbucklin.com. 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. 

13. DISCLAIMERS. ONS does not make any 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 attendance, traffic, or interaction. 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.

 

14. 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 not exceed the fees actually received by ONS in connection with the application for privileges giving rise to the liability. The Organization shall not commence an action against ONS concerning these Rules or the Event more than 1 year after the cause of action accrues.

15. Release. In consideration of privileges granted to the Organization in connection with the Event, the Organization hereby irrevocably (a) waives all rights, if any, to assert any claims against ONS (including its affiliates and its and their directors, officers, employees, members, agents, and representatives), and (b) releases such parties from all liability for any damages, losses, personal injury including death, or property damage, incurred by the Organization or caused by the Organization’s acts or omissions (including its negligence or willful misconduct) arising out of or related to the Organization’s participation in or attendance at the Event, including travel to and from the Event if applicable.

 

16. Indemnification. The Organization shall defend and indemnify ONS (including its affiliates and its and their directors, officers, employees, agents, volunteers, and other representatives) from any claims, liabilities, losses, damages, personal injury including death, property damage, and costs and expenses (including reasonable 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 breach of these Rules, (c) the Organization’s attendance or participation at the Event, (d) use of the Organization’s name, logos, and trademarks as permitted by these Rules, or (e) the Organization’s use of Third-Party Applications. To the fullest extent permitted by applicable law, ONS excludes (a) all liability for loss, injury or damage to persons or property at the Event; (b) all indemnities, warranties, representations, terms and conditions (whether express or implied); and (c) any actual or alleged indirect loss or consequential loss howsoever arising suffered by an exhibitor or any loss of profits, anticipated profits, savings, loss of business revenue, loss of business, loss of opportunity, loss of goodwill, or any other type of economic loss (whether direct or indirect). If ONS is liable to exhibitor for any reason, ONS’s total liability to exhibitor in relation to the Event (whether under these Rules or otherwise) is limited to the amount of my fees actually paid to ONS.

17. General.

17.1. Changes. ONS reserves the right, in its sole discretion, to change the venue, hours, dates, or format of the Event, or to make any reasonable changes to these Rules as necessary for the orderly administration of the Event and to ensure the health and safety of Event attendees. ONS will endeavor to notify the Organization of any such changes by email or on the Event webpage at available through www.ons.org, and all such changes will be effective and binding on the Organization upon ONS’s notice.

 

17.2. Acquisition. 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.

 

17.3. Governing Law; Dispute Resolution. Excluding conflicts of law principles, Pennsylvania law governs these Rules and any dispute arising out of or related to these Rules, the Organization’s application, or the Organization’s participation in or attendance at the Event. In connection with any such disputes, the federal and state courts in Allegheny County, Pennsylvania will have exclusive jurisdiction, and the Organization waives objections to jurisdiction, venue, and inconvenience of forum for those actions. If ONS seeks to enforce these Rules, the Organization shall not object to the ONS’s request for injunctive relief on the grounds that equitable remedies are not appropriate, nor shall the Organization require that ONS to post a bond or other security. If ONS succeeds in enforcing these Rules, the Organization shall pay ONS’s costs and expenses, including ONS’s reasonable legal fees. ONS’s remedies are cumulative. ONS’s rights under these Rules may only be waived through a written document expressly waiving such rights.

 

17.4. Miscellaneous. ONS and the Organization are independent contractors. If any provision of these Rules is illegal or unenforceable, the other provisions of these Rules remain in force and the provision at issue be reformed and enforced to the maximum extent permissible under law. Terms of these Rules that by their nature survive completion of the Event will so survive, including but not limited to provisions relating to limitation of liability and indemnification. Any questions about these Rules should be directed to help@ons.org.

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