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Tuesday, September 21, 2021

EMA 2021 Annual Conference Attendee Terms & Conditions

THE ENROLLMENT MANAGEMENT ASSOCIATION, INC., WITH ITS PRINCIPAL PLACE OF BUSINESS LOCATED AT 862 ROUTE 518, SKILLMAN, NEW JERSEY 08558, UNITED STATES (“EMA”), WELCOMES YOU TO THE EMA 2021 ANNUAL CONFERENCE (THE "EVENT").

Acceptance of Attendee Terms & Conditions

EMA PROVIDES THE EVENT TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY OR PERSON ON WHOSE BEHALF YOU (COLLECTIVELY, “YOU”) ACCEPT THESE EMA 2021 ANNUAL CONFERENCE ATTENDEE TERMS & CONDITIONS. THESE EMA 2021 ANNUAL CONFERENCE ATTENDEE TERMS & CONDITIONS ARE ENTERED INTO BY AND BETWEEN EMA AND YOU (THE “PRIMARY TERMS”). YOU ACCEPT THEM AND AGREE TO BE BOUND BY THEM BY: (I) SIGNING UP FOR AN ACCOUNT ON THIS WEBSITE; (II) REGISTERING FOR THE EVENT VIA THIS WEBSITE; (III) ACCEPTING AN INVITATION TO THE EVENT; (IV) CONSENTING TO A THIRD PARTY REGISTERING YOU FOR THE EVENT; (V) ORDERING OTHER GOODS OR SERVICES VIA THIS WEBSITE; (VI) USING THIS WEBSITE; or (VII) ATTENDING THE EVENT ((I) THROUGH (VII) COLLECTIVELY, THE “REGISTRATION ACTIVITIES”).

Applicable Terms 

The Primary Terms set forth here apply to all Event activities, including the in-person and virtual components of the Event. If You are participating in the virtual Event, then You will also be subject to the Supplemental Virtual Attendee Terms & Conditions located for all virtual Event activities. The Primary Terms along with the Supplemental Virtual Attendee Terms & Conditions, where applicable, are collectively referred to as the “Terms”.

PRIMARY TERMS

Description of Services

The Event is scheduled to take place from September 21, 2021 through September 25, 2021 at the Sheraton Grand Seattle Hotel in Seattle, Washington (the “Hotel”). This website provides access to an account, registration and other services for the Event, including but not limited to information regarding promotional, sales, sponsorship, and networking opportunities for schools, education services providers and professionals who work in admissions and enrollment for independent private schools ("Services").

The benefits associated with the Event are located at ac.enrollment.org.

Eligibility

If You are registering on behalf of your employer or a third party, You represent and warrant that You are at least 18 years old and are authorized to accept these Terms on behalf of each person that You register, and that each person You register agrees individually to be bound by these Terms and agrees to indemnify EMA for violation of these Terms. You also represent and warrant that You have registered to attend the Event having only used a registration code that you are actually authorized to use.

Payment

All payments must be made in United States dollars to EMA’s appointed payment processor, authorize.net. Admission to the Event will not be granted without payment being received in full by the applicable due date. EMA’s receipt of an application for registration and/or Your making payment for registration does not constitute EMA’s acceptance of Your offer to register for the Event. Whether or not EMA accepts your application is within EMA’s sole discretion. EMA will return any applications and payments that are not accepted.

Cancellations

You may cancel your registration and EMA will provide a refund of 90% of the registration fee, less a 10% administrative  processing fee, if you send a written request to EMA via email to jdavis@enrollment.org no later than August 1, 2021.  You may not cancel your registration or request a refund after August 1, 2021.

You are also solely responsible for cancellation of travel and hotel reservations (including any associated cancellation charges).

EMA permits conversion of in-person Event registrations to virtual registrations; however, You are liable for the full registration fee associated with the original registration purchase made, and will not receive any refund if you convert your registration from in-person to virtual.

EMA reserves the right to cancel Your registration without notice if payment as required by these Terms is not received by EMA by the due date, You fail to provide all information required in the relevant registration form, or You are in violation of these Terms or any other applicable terms and conditions. You agree that EMA will not provide a refund and is not responsible for any damages, direct or indirect, resulting from any such cancellations.

If EMA cancels the Event, and You are a registered attendee who has paid Your Event registration fees in full, Your sole and exclusive remedy (whether under tort, contract, or otherwise), will be a refund of Your registration fee to the original method of payment. You are liable for the cost of any foreign exchange, return or other bank fees arising out of the refund of Your registration fee.

If the Event is postponed, EMA will provide You with a substitute registration for the new event. No refunds will be provided if the Event is postponed.

For the avoidance of doubt, You agree in no event shall EMA be liable to You or any third party for any other costs, expenses, or damages, direct or indirect, consequential, punitive, incidental, special or general resulting from a postponement, cancellation, or termination, including but not limited to travel and accommodation.

COVID-19 Health and Safety Protocols

You understand and acknowledge each of the following statements related to your participation in the Event:

  • COVID-19 HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION, IS EXTREMELY CONTAGIOUS AND IS SPREAD EASILY FROM PERSON-TO-PERSON THROUGH CLOSE CONTACT AND AIRBORNE TRANSMISSION. 
  • COVID-19 is an extremely contagious illness caused by a coronavirus that can lead to severe illness and death for people exposed to the virus even when people take reasonable precautions to reduce the risk of exposure.
  • The risk of exposure to COVID-19 exists in all places where people are present and when interacting with others both inside and outside enclosed buildings and spaces.  This risk includes attending the Event and participating in activities, meetings, sessions, meals and/or social events with others when in and on the premises of the Hotel and at locations off the premises of the Hotel, whether formally arranged by EMA or informally arranged by or among participants in the Event. 
  • You assume all risks related to your potential exposure to COVID-19 in the course of participating in the Event and all related activities.
  • You accept personal responsibility for doing everything within your power to reduce the risk of both contracting and spreading COVID-19 before and while attending the Event and all related activities.
  • You will comply with all applicable federal, local and state laws, regulations and guidance and Hotel policies related to COVID-19 before, during, and after the Event, which may include, but are not limited to the following requirements:
    • Wearing a face mask or covering that fully covers the mouth and nose at all times;
    • Maintaining minimum physical distance between people;
    • Ensuring that the number of people in any given space does not exceed a specified maximum;
    • Abiding by travel restrictions;
    • Self-quarantining upon potential exposure to COVD-19 or following travel from certain locations;
    • Complying with quarantine orders;
    • Submitting to body temperature screening;
    • Submitting to COVID-19 screening and/or testing;
    • Sharing evidence of vaccination for COVID-19 or disclosing the absence of a vaccination; and
    • Self-reporting symptoms that could be related to COVID-19.
  • You will carefully review the specific COVID-19 regulations that govern the state of Washington, as set forth on the state’s website at https://www.coronavirus.wa.gov. You will check the website periodically to see if these regulations change and You will comply in all respects with the specific regulations that apply to your participation in the Event and all related activities.
  • You will carefully review the specific COVID-19 protocols and policies in place at the Hotel, as set forth on the Hotel’s website at https://whattoexpect.marriott.com/seasi. You will check the website periodically to see if the Hotel’s protocols and policies change, and You will comply in all respects with these specific protocols and policies.
  • You understand that if You refuse or fail to comply with any applicable federal, local or state law, regulation or guidance related to COVID-19 and/or any additional COVID-19-related requirements imposed by the Hotel, that the Hotel may, in its sole discretion, require you to quarantine in your room, report you to state and/or local health officials or law enforcement authorities, refuse to allow you to stay or may ask you to leave the Hotel, and that EMA may, in its sole discretion, refuse to allow you to participate in any or all events related to the Event and may ask you to leave the Hotel. 

You agree that You will NOT, under any circumstances, travel to the Event or participate in any in-person activity at the Event if You feel sick, have any flu-like symptoms, have a body temperature in excess of 99.5 degrees, have lost your sense of smell, have been diagnosed with COVID-19, have taken a test for COVID-19 and not yet received a negative test result, failed to comply with an applicable travel restriction or quarantine period, or been in contact with any person suspected of being exposed to COVID-19 in the prior ten (10) day period.  

You understand and agree that if You arrive at the Hotel or the Event with any symptoms of illness, or otherwise fail to meet the Hotel’s requirements related to COVID-19, that You may be refused permission to enter the Hotel or asked to leave, and prohibited from participating in the Event. 

You understand and agree that if, at any time within ten (10) days of participating in any in-person event at the Event, You are diagnosed with COVID-19, You will immediately notify EMA in writing via email of your diagnosis, including the date of diagnosis, and You authorize EMA to notify the all other attendees of the events that You attended at the Event of your diagnosis, notwithstanding any right to privacy in your health information that may otherwise be afforded to you under federal, state or local law.  You hereby release EMA from any and all claims, demands, losses, costs, expenses or potential liability that could arise from EMA’s sharing of any COVID-19 diagnosis that You may receive with other in-person participants in the Event.

Failure to follow the COVID-19 health and safety protocols may, in the sole discretion of the Hotel and/or EMA result in (i) You being prohibited from entering the Event, (ii) You being ejected from the Event, (iii) You being permanently barred from attending the Event or any other EMA event, and/or (iv) EMA, the Hotel or applicable authorities taking any other action permitted by law. In any such circumstances, You remain liable for payment of the full registration fee associated with Your registration.

Identification

You agree to carry Your government issued photo identification in the form of a passport or valid driver’s license issued by any state or territory of the United States with You at all times during the Event. You will be required to produce such identification upon request. You are solely responsible for the accuracy of all personal data provided while registering for the Event. Failure to enter accurate data may result in adverse consequences, including but not limited to, Your failure to receive critical information and the inability to reset account passwords. EMA is not liable for any damages that may result from the submission of incomplete or inaccurate information.

Substitutions

Requests for substitution of a registered Event attendee (the “Original Registrant”) with an alternative person from your school (the “Substitute Registrant”) must be made in writing to jdavis@enrollment.org. Requests are approved or denied by EMA in its sole discretion. Requests must include (i) the Original Registrant's full name and registration number, (ii) documentation evidencing the Original Registrant’s permission to substitute the Substitute Registrant, and (iii) the name of the Substitute Registrant. The cost of substituting the Original Registrant varies based on registration status of the Original Registrant. Any balance due will automatically be transferred to the Substitute Registrant. Once a badge (smartcard or digital) has been issued, no substitutions are permitted.

Registration Sales

Your Registration is personal to You. Sale of Event registrations other than directly from EMA is strictly prohibited. If an invitation code was given to You by an exhibitor, sponsor, advertiser, or other party who properly acquired the registration from EMA (the “Registration Provider”), that code is personal to You, and cannot be sold, gifted, published, or otherwise transferred without express written permission of EMA. You agree You will not sell your registration, purchase a registration from any person or entity other than EMA, publish/distribute any code such that others may use it without appropriate authorization, or in any way work to facilitate access (including Your own) to the Event by unauthorized means. By registering using a registration provided by the Registration Provider, You consent to the disclosure of Your personal data to such Registration Provider, including Your name, email address, company, and job title. If You wish to exercise any data protection rights with regard to how a Registration Provider processes or uses Your personal data, You must do so directly with such Registration Provider.

Visas & Travel Authorization

You are responsible for arranging, and paying all costs for obtaining, appropriate travel authorizations to travel to, and gain entry into, the country where the Event takes place. EMA will not provide a refund or other compensation if you are unable to attend the Event due to lack of necessary travel authorizations.

EMA Trademarks and Logos

Registering for and attending the Event does not grant You any rights to use EMA’s name, logos or trademarks. The Services and materials provided by registering and attending the Event, including all images, designs, photographs, writings, graphs, data, or otherwise are EMA’s property and are protected by international copyright, trademark, trade secret, or other proprietary rights.

Suitcasing and Outboarding

Suitcasing and Outboarding at the Event are strictly prohibited. Suitcasing occurs where companies or persons attend the Event as attendees but "work the aisles" soliciting business from other attendees, exhibitors or Event participants. Outboarding occurs where companies or persons set up events or activities at a location other than the Hotel (or at the Hotel) without EMA’s consent that encourage attendees to leave the Event or otherwise compete with the Event. You will not (i) engage in or support Suitcasing or Outboarding in any way, or (ii) plan, attend or participate in an Outboarding event that takes place during the Event or three (3) days before or after the Event.

You will not develop, facilitate, or host any program, free or paid, during the course of the Event which competes with the EMA 2021 Annual Conference without the prior written permission of EMA, which will be granted or denied in EMA’s sole discretion.

Safety and Security 

For the safety and security of all attendees, EMA reserves the right to enable security personnel to perform security checks of any attendee at any time. EMA is not responsible for lost or stolen items. Please remain alert and keep personal possessions secure at all times. You agree to carry Your mobile telephone (matching the mobile phone number that You provided during registration) with You at all times at the Event so that You can receive important alerts regarding health and safety and other essential information.

EMA reserves the right, in its sole discretion, to refuse admittance or remove any attendee from the Hotel, entry points, or offsite location controlled by EMA at any time, without liability, including, without limitation, where an attendee has violated these Terms.

Decorum, Disruptions and Anti-Harassment Policy

EMA is dedicated to providing a positive, harassment-free Event experience for all participants and staff, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, race, age or religion. Attendees are expected to support a robust, inclusive, professional and polite learning environment at the Event, and otherwise engage in the Event with appropriate decorum both in-person and as permitted within the virtual platform.  EMA and its designees may, in their sole discretion, remove Attendees who display a lack of appropriate decorum or engage in disruptive, non-inclusive, rude or unprofessional behavior during the PAEA Forum, and no refund will be provided if such removal occurs. EMA does not tolerate harassment in any form. The use of harassing language and imagery (including that of a sexualized nature) is not appropriate at any EMA event or related social activity sponsored or organized by the EMA. Any Event participant found to be violating this policy may be sanctioned or expelled without a refund at EMA’s sole discretion. In addition to complying with the rules set forth in this paragraph, all Event and Virtual Event participants must abide by the Code of Conduct provided below.

Attendee Postings

Messages, statements and multi-media posts made by attendees whether in-person or via the Attendify platform do not reflect the views of EMA and EMA does not verify, endorse, or vouch for any such content. However, EMA does enforce the Terms. If EMA determines, in its sole discretion, that any posting is inaccurate, was posted without authorization, or otherwise does or may violate the Terms, EMA reserves the right, at any time, without prior notice and without limiting any and all other rights EMA may have, at law or in equity, to: (a) modify, refuse or remove the message, statement or multi-media post from the Attendify platform; (b) revoke Your right to use the Attendify platform; (c) terminate your access to the Event; and/or (d) use any technological, legal, operational or other means available to enforce the provisions of the Terms, including, without limitation, blocking specific IP addresses or deactivating Your registration.

Attendee List and Messaging

As an attendee, You will be identified in the Attendee list and have access to messaging features in the Attendify platform. These features are designed to help You find and connect with Your peers before, during and after the Event. Other attendees can view the profile information You supply, but will not have access to Your personal email address, or any other contact information about You, unless You choose to explicitly provide it to them in Your online posts, messages, meeting invitations, or another vehicle of Your choice. Our Event Code of Conduct and these Terms bind your usage of these features. However, Sponsors will have access to your personal email address and related contact information that you provide to EMA at the time of registration.

Presentation Materials

You may receive access to EMA and third-party licensed content (collectively, the “Presentation Materials”). EMA is not liable for the information in the Presentation Materials. You may use these Presentation Materials as well as session audio/video recordings where available solely for Your own internal, non-commercial purposes. Unauthorized distribution (via sales, copying, posting on intranet/internet) is expressly forbidden. You must receive EMA’s prior written approval before excerpting or quoting the Presentation Materials.

Code of Conduct

The Code of Conduct outlines EMA’s expectations for You and all attendees who attend or access the Event and for those who utilize the Attendify platform to post Content or interact with other Event attendees whether at the Event or Virtual Event. EMA enforces this Code of Conduct and expects Your cooperation to help promote a safe environment and a productive Virtual Event experience for everyone.

When messaging or communicating in person and via the Attendify platform, or otherwise engaging with the Event or Virtual Event, please:

  • Maintain a respectful, considerate, and courteous attitude towards everyone You engage with;
  • Adhere to the EMA Antitrust Policy;
  • Make Your messages and invitations useful, informative and relevant to the Virtual Event;
  • Do not demean, discriminate, abuse, harass, or threaten any individual or group;
  • Do not spam Virtual Event participants;
  • Do not post content that is obscene or otherwise objectionable;
  • Do not use the Virtual Event for commercial or advertising purposes, unless you are a Sponsor and are using specific resources made available to Sponsors; and 
  • Do not post copyrighted content without permission from the owner.

Speaker Sessions

Speaker sessions are central to the success of the Event. In order to provide You with a global platform for the exchange of ideas and insights, EMA invites key figures from the industry to share their personal perspectives concerning the challenges and opportunities facing our industry today. Speakers are generally not employees of EMA and EMA neither pre-reviews nor comments on the content of speaker sessions. Speaker views and opinions are entirely their own and in no way reflect the views and opinions of EMA.

Intellectual Property Rights

All intellectual property rights in and to the Event, the Virtual Event, the Content, the Services and all materials distributed at or in connection with the Event are owned by us, our related companies, and/or the Event Partners or speakers participating in the Event. You agree not to reproduce, modify, distribute, license, perform, publish, create derivative works from or use (except as authorized and in accordance with these Terms) the Event or the Services for any reason.

Nothing in these Terms shall vest in you any legal or beneficial right in or to any intellectual property rights owned or used under license by EMA or our related companies, or grant to you any right or license to any other intellectual property rights of EMA. All such intellectual property rights shall remain the exclusive property of EMA and our related companies. It is strictly forbidden for any company, organization, or person to attempt to host or organize any event in conjunction with, contiguous to or purporting to be related to the Event or its affiliates without the express prior permission and cooperation of EMA. We reserve their right to take such action (legal or otherwise), including a claim for damages as we, in our sole discretion, deem appropriate in the circumstances.

Smoking/E-Cigarettes

You are strictly prohibited from smoking, including using smokeless tobacco products, e-cigarettes or unregulated nicotine products, except in designated areas where You maintain at least two meters of physical distance from other individuals at all times.

Term and Termination

These Terms are effective from the moment You carry out any of the Registration Activities until terminated by EMA. You agree that EMA may terminate these Terms in EMA’s sole discretion at any time without prior notice. In the event of termination, You are no longer authorized to attend the Event. You agree that EMA is not liable to You or any third party for any termination of Your access to the Services or the Event, unless otherwise stated herein.

The following Sections survive any termination of the Terms: EMA Trademarks and Logos, Privacy and Data Protection, Your Collection of Attendee and Exhibitor Data, Eligibility, No Warranty, General Assumption of Risk and Release of Claims, COVID-19 Assumption of Risk and Waiver of Liability, Limitation of Liability, Class Action Waiver, and Indemnification.

Third Party Services 

The Event website or app may contain or make available information on accommodations, transportation, and other services provided by third parties (each, a “Third Party Service”). EMA is not responsible for any issues or disputes between you and any provider of Third Party Services. You are responsible for complying with each Third Party Service Provider’s terms and conditions and cancellation policy, including if the Event is cancelled or postponed for any reason.

Changes to the Event or Services and Restrictions on Access

The Event and the Services are subject to change at any time. EMA does not guarantee the attendance of any third party (including any exhibitor or speaker), or that any scheduled session, breakout, keynote or other activity will take place.

EMA reserves the right, including without prior notice, to make any change to the Event or Services at any time for any reason (including modification of the schedule or content of, or cancellation of, any session, breakout, keynote or other activity). EMA is not responsible for, and will not issue any refunds, if there is change to an Event (including modification of the overall Event program, or the schedule or content of, or cancellation of any session, keynote or other activity).

EMA reserves the right, including without prior notice, to limit the number of Event attendees and participants, to cancel or terminate any Event registration, to bar any person from attending all or any part of any Event, and to refuse to provide any person with access to Event materials.

Privacy and Data Protection

In general, EMA collects and uses information about You in connection with the provision of the Services and for account administration. If you complete any Registration Activities for the Event, EMA will collect certain information about You and use it to provide You with information and services associated with the Event. We process this information to fulfil the offer You have made to receive Services. As an attendee, You will be identified in the Attendee list and have access to messaging features in the Attendify Platform. These features are designed to help You find and connect with Your peers before, during and after the Event. Other attendees can view the profile information You supply, but will not have access to Your personal email address, or any other contact information about You, unless You choose to explicitly provide it to them in Your online posts, messages, meeting invitations, or another vehicle of Your choice. Our Event Code of Conduct and these Terms bind your usage of these features. Event Sponsors will have access to your personal email address and related contact information that you provide to EMA at the time of registration.   Further details about EMA’s policies and practices around the processing of personal data is available in our Privacy Policy located [here]. 

In addition to and without prejudice to the Primary Policy,  EMA will collect certain information about You and use it to provide You with information and services associated with the Event and/or Virtual Event. We process this information to fulfill the offer You have made to receive Services. The data we process as part of the event administration includes:

  • Primary Email
  • First Name
  • Last Name
  • Preferred pronouns
  • Organization Name
  • Job Title
  • Country / Region
  • Address
  • City
  • State / Province 
  • Postcode / Zip Code
  • Mobile (Country Code / Number)

Your data is used for the administration and management of the Event (which may occur through external providers), including the following:

  • Validation of Your being entitled to participate in the Event;
  • Communication with You regarding the Event; and
  • Sharing Your data with selected Event Partners.

All third parties, including those listed below, are required to respect the security of Your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use Your personal data for their own purposes and only permit them to process Your personal data for specified purposes and in accordance with our instructions. Those suppliers include:

Swoogo – Virtual Event Platform

Swoogo – Registration System

Attendify – App and live streaming platform 

Please note that the Website and/or Platform and all relatable platforms (Sponsor showcase/ expo/ socials) will be recorded and photographed. By agreeing to these Terms You give consent for video recordings, audio and photos of You to be used during and after the Virtual Event. This includes the release, publication, exhibition, or reproduction of such assets for promotional purposes, social media posts, website resource, PR, podcasts, On Demand, Webinars, EMA and Event Partner communications or any other purpose.

Your Collection of Attendee and Exhibitor Data

You may receive personal and contact information from attendees and exhibitors that is voluntarily provided to You or otherwise obtained in accordance with applicable law. You cannot sell any of this information and must comply with any restrictions placed on the use of such information.

Recordings by You

By attending this Event, You agree that, without the prior written consent of EMA: (i) You will not bring into the Hotel any equipment for the purpose of recording or broadcasting sounds or images for any purpose other than a private non-commercial purpose (and any such equipment may be confiscated by EMA and any recordings made destroyed); (ii) You will not make any recording or take any photographs for any purpose; and (iii) You will not publish, license or in any way disseminate recordings or photographs taken within the Hotel of any persons or material.

Recordings by EMA and Authorized Third Parties

You consent to EMA and its authorized third parties making and storing recordings of You, Your image, Your voice and likeness by any means (the “Recordings”) without compensation of any kind to You. You release EMA, its affiliates, and its authorized third parties from any and all claims and causes of action You may have now or in the future including but not limited to defamation, invasion of the right of privacy, publicity or personality, copyright or trademark infringement and unfair competition, and agree not to institute any legal action based on any grounds whether or not specified in this section. You agree that EMA, or the applicable third party, is the copyright owner of the Recordings, and is not obligated to use the Recordings. All the rights granted to EMA by You hereunder are irrevocable and perpetual, and You waive all rights to any equitable relief in connection with the Terms set forth herein. To exercise Your data subject rights with respect to third parties’ recordings, You must contact that third party directly.

Your acts and statements contained in the Recordings will not violate any right of any third party.

Attendee License Granted to EMA.  

By registering for and/or participating in the Event, You grant EMA a non-exclusive, irrevocable, non-transferable, non-assignable, sublicenseable, royalty–free, fully paid, worldwide right and license to use Your name, likeness and voice for the exclusive purposes of copying, streaming, recording, broadcasting, displaying and transmitting Your name, likeness and voice in any media format for the purpose of facilitating the production, recording and streaming of the Event, including the the Internet-based virtual component of the Event, without limitation and without requiring EMA to pay You any fees, royalties or honoraria.   

Disclaimer of Content and Statements of Third Parties

EMA expressly disclaims any liability or responsibility for usage of, implementation of, impact from, or communications of the ideas or discussions presented by any attendee, speaker or other participant at the Event.

No Warranty

THE GOODS AND SERVICES ORDERED THROUGH EMA WEBSITES ARE PROVIDED TO YOU "AS IS". EMA GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED BY LAW, EMA EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

COVID-19 ASSUMPTION OF RISK AND WAIVER OF LIABILITY 

YOU ACKNOWLEDGE THAT COVID-19 HAS BEEN DECLARED A WORLDWIDE PANDEMIC BY THE WORLD HEALTH ORGANIZATION, IS EXTREMELY CONTAGIOUS AND IS SPREAD EASILY FROM PERSON-TO-PERSON. YOU THEREFORE ACKNOWLEDGE AND AGREE EMA CANNOT GUARANTEE THAT YOU WILL NOT BECOME INFECTED WITH COVID-19 AT THE EVENT. YOU UNDERSTAND THE RISK OF BECOMING EXPOSED TO OR INFECTED BY COVID-19 IN CONNECTION WITH YOUR PARTICIPATION IN THE EVENT AND YOU PERSONALLY ASSUME THIS RISK. 

ADDITIONALLY, YOU FOREVER EXPRESSLY RELEASE AND WAIVE ALL AND ANY CLAIMS (WHETHER IN CONTRACT, TORT OR OTHERWISE) AGAINST EMA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS ARISING OUT OF OR RELATED TO EXPOSURE, INFECTION AND/OR SPREAD OF COVID-19, WHETHER BEFORE, DURING OR AFTER ATTENDANCE AT THE EVENT TO THE FULLEST EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS WAIVER MEANS THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU GIVE UP YOUR RIGHT TO BRING ANY CLAIMS, DEMANDS, CAUSES OF ACTION, OR SUITS INCLUDING FOR PERSONAL INJURY, DEATH, DISEASE OR PROPERTY LOSSES, OR FOR ANY OTHER LOSSES, LIABILITIES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE, AND GIVE UP ANY CLAIM THAT YOU MAY HAVE TO SEEK DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN.

GENERAL ASSUMPTION OF RISK AND RELEASE OF CLAIMS

YOU ACKNOWLEDGE AND AGREE THAT YOUR ATTENDANCE OR PARTICIPATION IN THE EVENT OR ANY RELATED ACTIVITIES (INCLUDING, BUT NOT LIMITED TO YOUR PARTICIPATION IN DEMONSTRATIONS OR HOSPITALITY OFFERINGS) IS COMPLETELY VOLUNTARY AND YOU UNDERSTAND THE NATURE OF THE EVENT. 

IN ADDITION TO THE COVID-19 ASSUMPTION OF RISK AND WAIVER OF LIABILITY SECTION OF THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ACCEPT AND ASSUME ALL RISKS OF ANY AND ALL PERSONAL INJURY OR DAMAGE TO YOUR PERSONAL PROPERTY THAT YOU MAY FACE WHILE ATTENDING THE EVENT. YOU HEREBY RELEASE EMA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS FROM, AND WAIVE, ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND COSTS) THAT YOU MAY HAVE NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, FORSEEN OR UNFORESEEN, ASSOCIATED IN ANY WAY WITH THE EVENT.

LIMITATION OF LIABILITY

EMA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO YOU UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR (II) LOST PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, OR GOODWILL. SUBJECT TO THE ABOVE AND THE WAIVERS OF LIABILITY SET FORTH IN THESE TERMS, THE AGGREGATE LIABILITY OF EMA AND EMA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS TO YOU UNDER THESE TERMS OR IN RELATION TO THE EVENT WILL NOT EXCEED THE REGISTRATION FEE PAID BY YOU, AND RECEIVED BY EMA, TO ATTEND THE EVENT. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

CLASS ACTION WAIVER

YOU HEREBY AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. BY AGREEING TO THESE TERMS, YOU HEREBY WAIVE ANY RIGHT TO LITIGATE ANY CLAIM AS A CLASS ACTION OR REPRESENTATIVE ACTION AGAINST EMA OR ITS AFFILIATES. 

Indemnification

You agree to indemnify, defend, and hold harmless EMA, and its affiliates, and their respective officers, directors, employees, contractors, representatives, agents, licensors, successors and assigns from and against any and all claims, demands, losses, damages, judgements, settlements, costs and expenses, including reasonable attorney fees, arising out of or related in any way to any breach of these terms by You, any breach of an applicable law by You, or any other liabilities incurred by EMA relating to or arising out of Your attendance, participation or access to, the Event.

Force Majeure

Where the Event or services are unavailable for any reason beyond the reasonable control of EMA, we shall have no liability (whether direct or indirect) to You. We are not liable if the Event is, in whole or in part, cancelled, rescheduled or postponed, or for any failure or delay to perform our obligations under these Terms, if such event results from anything beyond our reasonable control, including but not limited to: (a) power or server outages or electronic or communications failure; (b) update or maintenance periods; (c) acts of God, flood, drought, earthquake or other natural disaster; (d) disease, epidemic or pandemic; (e) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (f) nuclear, chemical or biological contamination or sonic boom; (g) any law or any action taken by a government or public authority; (h) collapse of buildings, fire, explosion or accident; (i) any labour or trade dispute, strikes, industrial action or lockouts; (j) non-performance by suppliers or subcontractors; (k) interruption or failure of utility service , (l) or anything else that renders performance of the Event, in whole or in part, impracticable, illegal or impossible.

Modifications to the Terms

EMA may modify these Terms at any time by posting a revised version on the Event website. The modified terms will become effective upon posting. EMA has no obligation to directly notify You of changes to these Terms. By attending the Event or accessing the Services after EMA has posted modifications to these Terms, You expressly agree to be bound by the modified terms. It is Your responsibility to check the Event website regularly for modifications to these Terms.

Entire Terms

These Terms constitute the entire agreement between EMA and You with respect to the Event, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and EMA with respect to the Event. However, there may be legal notices on other areas of this website that relate to the ordering of goods and services, all of which will, together with these Terms govern Your ordering of Services. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. No waiver by either party of any clause, breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Electronic Communications and Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement You transmit through this Website or an App associated with the Event, including but not limited to any consent You give to receive communications from EMA solely through electronic transmission. You agree that when in the future You click on “I agree,” “I consent,” “I have read and accept” or other similarly worded “button”, entry field or check box with Your mouse, keystroke, or other computer device, Your agreement or consent is legally binding and enforceable and the legal equivalent of Your handwritten signature.

General

The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. Notices to You may be made via either e-mail or regular mail.

Governing Law

These Terms and all matters and disputes arising out of or relating to these Terms, whether in contract, tort, by statute or otherwise, are governed by, and construed in accordance with, the laws of the State of New Jersey, United States without giving effect to the conflict of law provisions. The parties agree to submit to the exclusive jurisdiction of the courts in Princeton, New Jersey, United States or the US District Court for the District of New Jersey.