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ONS Congress Terms and Conditions 

PLEASE READ CAREFULLY. THESE TERMS HAVE LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND ABILITY TO BRING FUTURE LEGAL ACTIONS. THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION, AND A LIABILITY WAIVER AND RELEASE OF CLAIMS.  

These ONS Congress Terms and Conditions (these “Terms”) apply to you and your participation in ONS Congress. By registering for or by participating in ONS Congress, you, on behalf of yourself and your heirs, assigns, executors, administrators, next of kin, anyone attending ONS Congress with you (which persons you represent have authorized you to act on their behalf for purposes of these Terms), and other persons acting or purporting to act on my or their behalf (collectively, “Related Persons”) agree and intend to be legally bound to these Terms.  

 * * COVID-19 Information * * 

Please see https://www.ons.org/congress/ for up-to-date information about COVID-19 and ONS Congress 2022, all of which is incorporated herein by reference. 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 of COVID-19 vaccination, negative COVID-19 test result, temperature screening, symptom/exposure questionnaire, and such other measures as may be advisable or required.  

You agree to comply with 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 will take place. You agree to abide by the Center for Disease Control’s (CDC) recommendations for the prevention of the spread of COVID-19 and other communicable diseases. You acknowledge that your attendance at, participation in, and entry to some or all the ONS Congress and associated activities may be contingent on my compliance with certain COVID-19 protocols then in effect, including but not limited to face masks, social distancing, proof of COVID-19 vaccination, negative COVID-19 test result, temperature screening, symptom/exposure questionnaire, and such other measures as may be advisable or required. You acknowledge that these requirements may change from time to time based on the evolving nature of COVID-19. ONS will not be responsible or liable (and you will not receive a refund of any fees) if you are prevented or denied from attending, participating, or entering ONS Congress, in whole or in part, or any associated activities due to your failure to comply with the applicable requirements.  

 

  1. Registration. Registration for ONS Congress is contingent on full payment. If ONS cannot resolve a payment issue and you dispute a credit card charge, your electronic statement may be used as proof that you authorized the charge, and it is valid. All registration fees are subject to the ONS Congress Refund Policy, which is available at www.congress.ons.org. Fees may be subject to sales tax, value added tax, or other taxes and duties which, if applicable, will be charged to you in addition to the fees.   

  1. Code of Conduct. ONS fosters engagement, collaboration, community, and conversations in a diverse and open learning environment at its events, both live and virtual. By registering for or by participating in ONS Congress, you agree to follow ONS’s Code of Conduct, which is incorporated into these Terms and is available here: https://congress.ons.org/.  

  1. Your Information. For the purposes of these Terms, the term “Your Information” means your name, email, company name, job title, business address or other preferred address, and demographic information. Please see ONS’s Privacy Policy for more information: https://www.ons.org/legal-notices. By registering for or participating in ONS Congress, whether by visiting an exhibitor booth, session, satellite symposia, or other activity, you permit ONS to use Your Information to facilitate your registration with and participation in ONS Congress. This use includes, but is not limited to, disclosure of Your Information to ONS Congress exhibitors, sponsors, third-party service providers, and ONS’s subsidiaries, affiliates, and related companies, as described in these Terms, ONS’s Privacy Policy, or otherwise described by ONS.   

  1. Communications from ONS. By registering for ONS Congress, you consent to receive emails and other communications from or on behalf of ONS relating to ONS Congress. Specifically, you consent to allow ONS to use Your Information to provide access to ONS Congress activities, content, and programs, optional pre- and post-ONS Congress symposia and activities, and other events related to ONS Congress.  

  1. Attending Exhibitor and Sponsored Activities. By registering for an exhibitor or sponsored activity, you consent to providing Your Information to the exhibitor, sponsor, or service provider. You also consent to receive communications from the exhibitor, sponsor, or service provider, subject to any of their terms, conditions, and privacy policies. Attending an exhibitor or sponsored activity is optional. If you do not consent to sharing Your Information with an exhibitor, sponsor, or service provider, you may not be able to attend the activity.   

  1. Badge Scanning. Exhibitors and sponsors may use badge scanning at ONS Congress to manage and administer their activities and events. By scanning your badge, you consent to providing Your Information to the exhibitors, sponsors, and service providers who perform badge scanning. Badge scanning is optional. If you do not consent to sharing Your Information through badge scanning, you may not be able to participate in certain activities at ONS Congress, including but not limited to industry-supported symposia and product theaters as well as other sponsored activities. 

  1. ONS Congress Speakers. Unless otherwise indicated, speakers at ONS Congress are not employees of ONS. Speakers’ views are their own and do not reflect the views and opinions of ONS. 

  1. Multimedia. By registering for and/or participating in ONS Congress, you agree that ONS or others acting on its behalf may take photographs, videos, or recordings during ONS Congress, including through social media. You acknowledge that you may appear in those photographs or videos and be heard in the sound recordings. ONS may edit and use the footage it captures at ONS Congress for marketing and promotional activities (including through social media) now and in the future, and for any other lawful purpose in the ordinary course of its business. You are prohibited from photographing, video recording, and sound recording of any part of any in-person or digital ONS Congress sessions or content (including through recording on social media feeds) unless you have obtained written permission in advance from ONS. For online programs, ONS prohibits the use of screen shots or any other technology that can be used to capture proprietary content and images from ONS Congress. ONS disclaims all liability for the capture of your image, voice, or likeness by attendees in any multimedia format at ONS Congress. 

  1. Third Party Links. In connection with ONS Congress, 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 provide 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 hereby disclaims all responsibility and liability for any harm resulting from your use of Third-Party Applications.    

  1. No Warranties. ONS does not make any representations or warranties about ONS Congress, 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 ONS Congress may address medical topics, no part of ONS Congress is medical advice or a substitute for independent professional and clinical judgment or individual patient assessment. While ONS Congress may contain references to concepts of diagnosis or therapy, ONS Congress should not be used for specific diagnostic or treatment determinations. ONS does not warrant that ONS Congress will meet your expectations or requirements regarding ONS Congress attendance, traffic, or interaction. ONS does not warrant that ONS Congress will be error-free or uninterrupted or free of harmful components. 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.  No oral representations, statements, or inducements contrary to anything contained herein have been made by ONS or any other ONS Party. For purposes of these Terms, the term “ONS Parties” include (a) ONS, the venue owner/operator, the City of Anaheim, and each of their respective direct and indirect parents, affiliates, administrators, designees, licensees, agents, owners, officers, directors, employees, contractors (and all employees of such contractors) and other personnel; (b) all third parties exhibiting at, sponsoring, or providing services at or in connection with ONS Congress; and (c) any parents, subsidiaries, affiliated and related companies and officers, directors, owners, members, managers, partners, employers, employees, agents, contractors, sub-contractors, insurers, representatives, successors, and/or assigns of each of the forgoing entities and persons, whether past, present or future, and whether in their institutional or personal capacities.  

  1. Cancellation or Modification of ONS Congress. ONS reserves the right to cancel, alter, or reschedule ONS Congress for any reason, including if ONS determines in its sole discretion that ONS Congress cannot be held as planned. ONS also reserves the right to close registration when tickets are sold out. For these reasons, you are advised against making non-refundable travel arrangements. If you purchase non-refundable airline tickets or make non-refundable hotel reservations, you do so at your own risk. If ONS cancels, alters, or reschedules some or all the in-person portion of ONS Congress for any reason, your fees will not be refunded. As part of registration, you will be provided with access to the digital content for ONS Congress, which may include various events, speakers, education sessions, access to exhibitor and sponsor information, and digital networking opportunities.  

  1. COVID-19 Acknowledgments. You acknowledge the following: (a) the novel coronavirus SARS-COV-2 and any resulting disease (together with any mutation, adaptation, or variation thereof, “COVID-19”) is an extremely contagious disease that can lead to severe illness and death, and there is an inherent danger and risk of exposure to COVID-19 in any place where people are present; (b) no health and safety policies, assessments, precautions and/or protocols that will be implemented from time to time at and for the venue by local, state and federal governmental agencies, the venue owner/operator, ONS, or third parties, can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions can be and have been adversely affected by COVID-19, according to the Center for Disease Control and Prevention (CDC) and other public health authorities: people with certain underlying medical conditions are or may be especially vulnerable, including, but not limited to, people with chronic kidney disease, chronic obstructive pulmonary disease, moderate to severe asthma, liver disease, compromised immune systems (including as a result of organ transplant), obesity, serious heart conditions, sickle cell disease, and type 2 diabetes, and, the risk of severe illness from the contraction of COVID-19 increases with age, and contracting COVID-19 can result in the further transmission of COVID-19 to family and others; and (d) exposure to COVID-19 can result in subsequent quarantine, illness, disability, other short-term and long-term physical and/or mental health effects, and/or death, regardless of age or health condition at the time of exposure and/or infection.  

  1. Assumption of Risk. You, for yourself and on behalf of Related Persons, knowingly, voluntarily, and irrevocably assume all risks associated with, resulting from, or arising in connection with, attendance at and/or participation, in any capacity, at ONS Congress or any related activities, including, without limitation, all risks of theft, loss, harm, damage, infection, transmission, sickness, bodily injury, severe illness, disability, or death, whether due to COVID-19 (as well as other known or unknown infections or communicable disease) or otherwise, or injury to the person (including death) or property damage, whether caused by any ONS Party’s negligence or gross negligence, intentional act, accident, or act of God or otherwise, and whether occurring before, during or after ONS Congress.  

  1. Waiver of Liability; Release; Covenant Not to Sue. You agree, for yourself and on behalf of Related Persons, that no ONS Party shall be liable for any injury to person or property (including death), or any infection, transmission, sickness, bodily injury, severe illness, or death, whether due to COVID-19 (as well as other known or unknown infections or communicable disease) or otherwise, or loss or damage to property resulting from, occurring at or arising out of ONS Congress or related activities, or for any lost profits, indirect, incidental, consequential, special, punitive or exemplary damages, regardless of legal theory and regardless of whether the possibility of such damages was disclosed in advance. For yourself and on behalf of Related Persons, you further release and discharge all ONS Parties from, and covenant not to sue such ONS Parties with respect to, all risks, injuries, losses, damages, and liabilities contemplated herein, including but not limited to any infection, transmission, sickness, bodily injury, severe illness, or death, whether due to COVID-19 (as well as other known or unknown infections or communicable disease) or otherwise, or for any lost profits, indirect, incidental, consequential, special, punitive or exemplary damages, regardless of legal theory and regardless of whether the possibility of such damages was disclosed in advance. For any liability that cannot be excluded or limited under law, you further agree that ONS’s maximum liability to you arising from these Terms or your registration for or participation in ONS Congress will be limited to a refund of your fees paid to ONS. Some jurisdictions do not allow exclusions or limitations of liability for consequential or incidental damages, so aspects of these limitations may not apply to you. You acknowledge 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.”  

  1. Indemnification. You shall defend, indemnify, and hold ONS (including its affiliates, subsidiaries, related companies, and its and their directors, officers, employees, agents, and representatives) harmless from and against any actions, claims, damages, liabilities, losses, and costs and expenses (including legal fees) arising out of or relating to your registration for or participation in ONS Congress, including but not limited to your acts or omissions or violation of these Terms.  

  1. Violations. ONS may, without liability and any obligation to refund fees, remove you from ONS Congress if, in ONS’s sole discretion, you have violated or threaten to violate these Terms. ONS may also ban you from future events.  

  1. Governing Law. You understand and agree that these Terms are subject to and will be construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its choice of law provisions.  

  1. Arbitration Agreement. You hereby agree, on behalf of yourself and Related Persons, that: (a) any claim asserted by me against any of the ONS Parties shall be resolved by mandatory, confidential, final, and binding arbitration to judicial arbitration and mediation services, inc. (“JAMS”); (b) this section titled “Arbitration Agreement” is governed by the Federal Arbitration Act (“FAA”); (c) the FAA is applicable because the ONS Parties 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 to this section shall take place in Allegheny County, Pennsylvania. Notwithstanding the foregoing, ONS may sue in any court for infringement of its proprietary or intellectual property rights. 

  1. Class Action Waiver. You hereby agree that all disputes, including any claims made by you against any of the ONS Parties must be arbitrated on an individual basis only. You hereby waive any right to litigate or arbitrate any claim as a class action, representative action, or class arbitration against any of the ONS Parties.  

  1. Enforcement. If ONS succeeds in an action to enforce these Terms, you shall pay ONS’s costs and expenses for the action, including ONS’s reasonable legal fees. If ONS seeks injunctive or equitable relief to curtail an actual or threatened breach of these Terms, you shall not (a) object to ONS’s request for injunctive relief because equitable remedies are not appropriate, or (b) require ONS to post bond or other security. ONS’s remedies are cumulative.  

  1. General. Any matters not specifically covered by these Terms are subject to the sole and absolute discretion of ONS. These Terms (including ONS’s Privacy Policy and Code of Conduct) may be amended at any time by ONS, and all amendments will be binding on you. These Terms cannot be modified by printed or handwritten additions, changes, or strikethroughs. If any provision of these Terms is illegal or unenforceable, the other provisions of these Terms remain in force and the provision at issue be reformed and enforced to the maximum extent permissible under law.  ONS’s rights under these Terms may only be waived through a written document expressly waiving such rights.  These Terms are the entire and exclusive agreement of the parties relating to the subject matter hereof, superseding all other oral or written agreements relating thereto. 

 

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