TERMS & CONDITIONS
AS OF MAY 1, 2020
AGREEMENT TO TERMS AND CONDITIONS (“Terms & Conditions”)
Each attendee, exhibitor and sponsor for himself and his employees, agents or assigns (which may be referred to as ‘you’ or ‘your’ as applicable), agrees to abide by these Terms and Conditions, it being understood and agreed that the sole control of the 2020 Specialty Pharmacy Summit Virtual Experience (“Summit Virtual Experience”) rests with Asembia Specialty Pharmacy Summit, LLC® (“Asembia”) and that Asembia may render final and binding decisions with respect to interpretation of all rules and regulations herein and with respect to eligibility and participation in this event. Asembia’s Specialty Pharmacy Summit and the Summit Virtual Experience are private business events. Asembia monitors registration and attendance. Registration and/or attendance may be denied to or revoked for any person or entity by Asembia, in its sole discretion.
Attendees, exhibitors and sponsors agree to release and hold harmless Asembia, including its officers, directors, agents, employees, designees and affiliates, from any and all claims, demands, and causes of action arising out of or relating to your participation in the Summit Virtual Experience, including the digital networking mobile application (“2020 Summit Mobile App”), on-demand business programming (“On-Demand Content”), and live continuing education programs/webinars/broadcasts (“CE Programs,” together with “On-Demand Content”, the “Virtual Content”) and use of the Summit Virtual Experience applications and any related applications or facilities.
ACCESS TO THE SUMMIT VIRTUAL EXPERIENCE
Registration for the Summit Virtual Experience will provide attendees, exhibitors and sponsors access to the 2020 Summit Mobile App, On-Demand Content (including audio and video presentations provided by Switch), and the CE Programs. Registration fees include access to the Summit Virtual Experience or any part thereof. All On-Demand Content will be available for registered attendees, sponsors and exhibitors from May 26, 2020 until June 30, 2020, unless Asembia, in its sole discretion, decides to provide content sooner or to extend access. Access to the 2020 Summit Mobile App will begin on May 4, 2020, and CE Content will begin on May 2, 2020, unless Asembia, in its sole discretion, decides to provide sooner or to extend access.
The 2020 Summit Mobile App provides access to networking capabilities between attendees, exhibitors and sponsors, including senior executives and key decision makers from throughout the industry. Leveraging this digital tool, you will have the ability to connect, message and schedule meetings, assisting your company in cultivating new business opportunities. These virtual business sessions and opportunities will be available only to registered Summit Virtual Experience attendees and registrants of Asembia’s 2020 Specialty Pharmacy Summit (“2020 Summit”) rolling over registration ("Rollover Registrants") to the 2021 Specialty Pharmacy Summit (“2021 Summit”).
Attendees, exhibitors and sponsors will be able to access the Mobile App and/or the Virtual Content (based on applicable registration) after registering through CVENT (New Registrants) for the Summit Virtual Experience and upon payment of any applicable fees. Rollover Registrants shall be automatically registered for the Summit Virtual Experience. Attendees, exhibitors and sponsors will be asked to provide their first name, last name, title, affiliation and the email address they used to register for the Summit Virtual Experience or the 2020 Summit. Upon logging in, the attendees, exhibitors and sponsors will have the option to create a profile if they choose to do so. Attendees, exhibitors and sponsors will have the ability to view profiles of any attendees, exhibitors and sponsors, who have created a profile and will be able to send them direct messages.
As explained below, Asembia reserves the right to revoke the registration and participation of any attendee, exhibitor or sponsor who fails to comply with the anti-abuse policies set forth herein.
FEES AND CANCELLATION POLICY
All attendees, exhibitors and sponsors will pay a fee to be granted access to the Summit Virtual Experience. For participants registered for the 2020 Summit on or prior to April 30, 2020, who are Rollover Registrants, this fee will be covered by their 2021 Summit registration fees (subject to the exceptions and cancellation policies set forth below). For new registrants (“New Registrants”) to the Summit Virtual Experience, the fee shall be $350 (Asembia member pharmacies, which are primary members of Asembia’s GPO) or $425 (non-members).
Registration (New and Rollover Registrants) for the Summit Virtual Experience is non-refundable. By registering for the Summit Virtual Experience, participants agree that Asembia shall assume no liability whatsoever.
For attendees, exhibitors, and sponsors who receive access to the Summit Virtual Experience as a Rollover Registrant for the 2021 Summit, the following cancellation fees and refund policy shall apply:
2021 Summit attendance cancellation policies then in effect shall apply, and a $100 administrative fee and $350/425 (depending on member / non-member status), registration fee for the Summit Virtual Experience, shall be deducted.
For New Registrants, the registration fee is non-refundable, and no refund shall be given.
Registrations for the Summit Virtual Experience are non-transferable. To cancel your registration, and get your refund (if applicable), you will need to notify us in writing to email@example.com.
If you are entitled to a refund, you will be refunded to your original payment method.
Remember that cancelling your registration does not automatically cancel your hotel and travel arrangements. You are responsible for cancelling your own hotel and travel reservations.
Please note that as set forth herein, registration may be revoked at any time for any violation of these Terms & Conditions or any other applicable policy, rule or regulation at Asembia’s sole discretion without payment of any otherwise applicable refund amounts.
Except as set forth above, no refunds will be granted for unattended events or early termination of attendance, in case of cancellation of speakers, problems or disruptions in the virtual platform where the sessions are being streamed or any other incidents during the virtual conference, which are beyond the control of Asembia.
Access to the 2020 Summit Mobile App and On-Demand Content are available exclusively to registered participants of the Summit Virtual Experience (including attendees who registered for the cancelled 2020 Summit onsite event who have transferred their registrations the 2021 Summit). Users may not transfer access to the Summit Virtual Experience to another individual, share access through their individual username and password, or make information within the Summit Virtual Experience available to unregistered persons.
ACCEPTABLE USE AND ANTI-ABUSE POLICY
It is Asembia’s policy that all employees, volunteers, attendees, exhibitors, sponsors and any other participants are entitled to respectful treatment. Any form of abusive and unwanted communication, bullying, discrimination, harassment, sexual or otherwise, is unacceptable and will not be tolerated. This policy applies to all aspects of the Summit Virtual Experience.
While Asembia cannot guarantee a safe space, it is committed to providing a harassment- and discrimination-free experience for everyone at our events, an experience that embraces the richness of diversity where participants may exchange ideas, learn, network, and socialize in the company of colleagues in an environment of mutual respect. The Summit Virtual Experience and associated networking and programming tools should be used only in good faith for appropriate networking purposes on a selective basis.
Unauthorized spamming or solicitation, with exception of personal, one-on-one communications through the 2020 Summit Mobile App, are prohibited.
If an attendee, exhibitor, sponsor or other participant engages in prohibited behavior or violates these access and use restrictions, Asembia reserves the right to take any action Asembia deems appropriate, including immediately revoking access privileges to the Summit Virtual Event without warning or refund.
Any individual who experiences harassment or witnesses unacceptable behavior (as described above) should contact Asembia’s Compliance Hotline immediately at Asembia@getintouch.com or 844-704-2372.
PHOTOGRAPHY, VIDEO AND AUDIO RECORDINGS
By attending Asembia’s Summit Virtual Experience, you consent to having your image, voice, likeness, presentation and/or other copyrightable material recorded, including video, audio and still photography. Asembia may without the further consent of or compensation to the attendees, exhibitors, sponsors, or other participants use and release pictures and videos taken during the virtual conference for reports of the conference, press releases, marketing materials, or other publications including social media. By registering for this virtual conference attendees agree that photographs or sound or video recordings taken during the virtual conference that could include recognizable images or voices of those in attendance may be posted on Asembia’s website or in its marketing materials. The Summit Virtual Experience is held in a public virtual space; therefore, we do not prohibit participants, exhibitors, sponsors, or news organizations from photographing, video or audiotaping some of the virtual conference activities. Asembia reserves the right to use images taken at the Summit Virtual Experience with your photograph and/or likeness on social media and/or in future marketing materials. Asembia assumes no responsibility for individual attendee’s use of your image or likeness.
AMENDMENT TO TERMS & CONDITIONS, RULES AND REGULATIONS
Asembia may, in its sole discretion and without notice, make changes, amendments, or additions to these Terms & Conditions and to any applicable Rules and Regulations. Any such changes shall be binding on all individuals, including but not limited to exhibitors, sponsors and attendees.
TERMINATION OR CANCELLATION OF THE SUMMIT VIRTUAL EXPERIENCE / FORCE MAJEURE
Should the Summit Virtual Experience be materially interfered with or become impossible or impracticable by reason of action of the elements, strike, picketing, boycott, embargo, injunction, war, riot, internet disturbance, pandemic, epidemic, virus, disease outbreaks or other public health crisis, emergency declared by a government agency, governmental action, act of God, or other act or event beyond the control of Asembia, the registration for, use of, and agreement regarding the Summit Virtual Experience may be terminated or cancelled by Asembia. Attendees, exhibitors and sponsors agree that Asembia shall not be liable for damages or loss sustained or incurred by them as a result of such termination or cancellation. In the event of such termination or cancellation, the attendees, exhibitors and sponsors expressly release and shall hold harmless Asembia, including its officers, directors, agents, employees, designees and affiliates, of and from all claims for damages or loss, and agree that Asembia and its officers, directors, agents, employees, designees and affiliates, shall have no obligations or liability whatsoever in connection with such termination or cancellation. Under these circumstances, Asembia reserves the right to either retain the entire registration fee and to credit any unused amounts (if any) to a future Summit event or to refund to attendees, exhibitors and sponsors a prorated share of the aggregate amount of fees received by Asembia from them , after deducting all costs and expenses incurred by Asembia in conjunction with the Summit Virtual Experience, including a reasonable reserve for claims.
VIOLATIONS OF THE CONDITIONS
Any of the following actions by any attendee, exhibitor or sponsor shall constitute a material breach of the conditions of this Agreement and these Terms & Conditions:
Failure to pay any applicable fees or provide requested information.
Violation of any municipal, state, or federal laws, rules, or regulations relating to participation in the Summit Virtual Experience.
Failure to follow the procedures prescribed in these Terms & Conditions, including the Acceptable Use and Anti-Abuse Policy.
LIABILITY AND INSURANCE
Asembia is not responsible for any loss (however caused) to any property of any attendee, exhibitor or sponsor. Attendees, exhibitors and sponsors are solely responsible for their own actions and that of their employees, contractors, agents and representatives during the Summit Virtual Experience. Each attendee, exhibitor and sponsor participates in the Summit Virtual Experience at his/her own risk. Oral agreements shall not be binding if these have not been confirmed in writing by Asembia.
FUNCTIONALITY OF THE VIRTUAL PLATFORM
Asembia has contracted with third parties to provide a high-quality virtual experience. Asembia cannot, however, guarantee that the 2020 Summit Mobile App or Virtual Content will operate without any interruptions or malfunctions. No assurances or guarantees can be given about the availability, quality, operation or support services for data traffic, on the networks, or lines of the participant’s internet provider. Asembia accepts no liability or responsibility if 2020 Summit Mobile App and/or Virtual Content are interrupted, partially restricted, otherwise inaccessible in whole or in part or impossible as a result of an event beyond Asembia’s reasonable control, even if Asembia theoretically could have protected against such event.
MODIFICATION OF THE PROGRAM OF ON-DEMAND CONTENT SESSIONS
Asembia reserves the right to modify the program of On-Demand Content. No refunds will be granted in case of cancellation of speakers or changes in line-up of On-Demand Content programming.
DATA PROTECTION AND SHARING OF CONTACT DETAILS
The protection of your data and the observance of your right of informational self-determination about the collection, processing and use of your personal data are important to us. Asembia, or a third-party designated by Asembia, will collect and store all personal data for the preparation and execution of the Summit Virtual Experience. In accordance with data protection and other applicable laws, sensitive data will be deleted after the conference, whereas personal data, payment history and correspondence will be stored for the period prescribed by law. Your data will not be sold to third parties without your express permission.
Communications from Asembia
By accepting these Terms & Conditions, you consent to Asembia or its designee(s) contacting you with regular email communications ahead and during the Summit Virtual Experience, including relating to registration, opportunities to connect, an invitation to complete a post conference survey, as well as with announcements of future Asembia Summits. You may unsubscribe or opt-out from these mailings at any time by providing a request to firstname.lastname@example.org.
Networking communication system
At the time of your registration or thereafter, you will be asked to provide your contact information, including your first name, last name, job title, company affiliation, and email address. By agreeing to these Terms & Conditions, you expressly consent and provide your permission to be contacted one-on-one by other attendees, exhibitors and sponsors for purposes of networking.
GOVERNING LAW AND DISPUTE RESOLUTION
Notification of Complaints
You and Asembia agree that any and all Claims will be resolved by binding arbitration, rather than in court. This includes any Claims that arose before you accepted these Terms & Conditions, regardless of whether prior versions of the Terms & Conditions required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, where appropriate. The arbitrator must follow and enforce these Terms & Conditions.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
Any arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules (AAA Rules) and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be decided by one arbitrator jointly selected by the parties within 30 days of the filing of any Demand for Arbitration or, failing that, pursuant to the AAA Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's Rules. The seat of any arbitration shall be Las Vegas, Nevada. To the extent permitted by law, these Terms and Conditions, the provision of our services, and any Claims shall be governed by and construed in accordance with the law of the State of Nevada, without reference to conflicts of laws principles.
To begin an arbitration, you must send a Demand for Arbitration describing your Claims to the AAA. The AAA Rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. You must also provide a copy of your Demand for Arbitration to Asembia at 200 Park Ave., Suite 300, Florham Park, NJ 07932 and by email to email@example.com. If we request arbitration against you, we will give you notice at the email address or postal address you have provided.
You agree that the arbitration will be conducted in the English language. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request an in-person or telephonic hearing or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favor of a telephonic hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. Asembia will ordinarily request that the hearing be held in [insert city, New Jersey]. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. The arbitration will be confidential, and neither you nor Asembia may disclose the existence, content or results of any arbitration, including any communications or documents produced or exchanged therein, except as may be required by law or for purposes of enforcement of the arbitration award.
This arbitration agreement shall be governed by and enforced in accordance with the Federal Arbitration Act and federal arbitration law. An arbitration decision may be confirmed by any court with competent jurisdiction.
Subject to the limitations set out in these Terms and Conditions and to the extent permitted by law, Asembia will only be liable for direct damages actually suffered, paid, or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your registration.
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, agents or affiliates will be liable for anything other than the amount of registration fees you paid, including but not limited to any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of the virtual systems, programs and programming provided in connection with the Summit Virtual Experience.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms & Conditions limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Summit Virtual Experience or information provided to or gathered by us with respect to such use.
If any part of these Terms & Conditions is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms and Conditions at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Nothing in Terms & Conditions shall be read to create any legal rights that do not otherwise exist under the law or constitute any waiver of any personal jurisdiction defense, nor shall this provision give you the right to pursue any claim for relief that is not cognizable under the law. Any rights not expressly granted herein are reserved.
ALL CONTENT PROVIDED IN CONNECTION WITH THE VIRTUAL SUMMIT EXPERIENCE, INCLUDING BUT NOT LIMITED TO, VIRTUAL CONTENT, IS MADE AVAILABLE AS IS AND ASEMBIA DOES NOT OFFER ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR REPRESENT THAT THE CONTENT WILL BE ACCURATE, COMPLETE, OR ERROR-FREE. Asembia is not liable for the usage of, implementation of, impact from, content of or communication of the ideas presented in any Virtual Content. Any opinions expressed in such Virtual Content are those of the relevant speaker and not of Asembia.