Event & Ticket: Terms & Conditions
Last updated: 2/1/24
The following terms and conditions will apply with respect to your attendance at the educational event or any Event or educational program or offering you are currently registering (the “Event”) being administered, managed or sponsored by Healthcare Innovation and Technology Lab, Inc., a New York corporation (“HITLAB”):
1. GENERAL INFORMATION.
Event times and places (e.g., for presentations, field experiences, guest speakers and other included in any Event) are subject to change due to changes in schedules or operations. Please be sure to carry government-issued photo identification (driver’s license, etc.) for access to any areas, if required. Please notify us if you have any special needs or restrictions. Attire should be suitable for business.
2. CANCELLATION POLICY.
We reserve the right to modify, cancel or reschedule Events, refuse admission, or change Event facilitators, location or content. In any such case, our liability to you will be limited to the purchase price paid for the Event (if any), except as follows: If we must cancel the Event for any reason other than by reason of Force Majeure or breach of this Agreement by you, we will provide you access for the same Event at a later date, subject to availability.
All payments are NON-REFUNDABLE. If you must cancel before the Event start date, there is no refund; however, you may transfer that Event as credit for another event to be used within 1 year of cancellation date.
3. OWNERSHIP.
All right, title and interest in and to any Materials (as defined below) will at all times remain vested in the copyright owner(s). You will not use any Materials for your own commercial purpose; copy, distribute or otherwise disclose to any individual or entity whatsoever any of the Materials or any contents thereof; or videotape or otherwise record any portion of any Materials in audio, video, digital or any other format. You agree that any ideas, concepts, business proposals, input, suggestions or other information or material as to your business or that you provide us in connection with the Event (including, without limitation, all feedback and comments) will be deemed non-confidential and non-proprietary and may be used or disclosed by us without liability or compensation to you or any other persons or entities acting on your behalf. For the purposes hereof, “Materials” means the Event, including, without limitation, any PowerPoint (or similar) slides, deliverables and other products we present to you, and any other written or oral presentation we make to you, in connection with the Event.
4. PROMOTION; COPYRIGHT POLICY.
All materials as to the Event or that refer to or depict any design, logo, trademark, copyrighted work or symbol of any speaker(s) or sponsor(s) may not be used by you or allowed to be used by you without prior written approval, which may be withhold in the owner(s) sole discretion.
5. ENGLISH LANGUAGE.
The Event and all material for the Event will be in English and all attendees must be proficient in speaking, listening and reading in English. To minimize distractions during the Event, translators are not allowed in any of the Event sessions.
6. FORCE MAJEURE.
If the performance by either party of any obligation hereunder (other than any payment obligation) is directly delayed or prevented in whole or in part by any cause not reasonably within its control (including, by way of example but not limitation, acts of God, war, civil disturbances, accidents, shortage of supplies or labor disputes, but excluding, if you are booking the Event for a third party, any cause within the control of that third party), it will be relieved of performance of such obligation to the extent such performance is directly so delayed or prevented, without liability of any kind (cancellation of any Event due to any such cause is referred to herein as cancellation due to “Force Majeure”). Nothing herein will be construed as requiring either party to accede to any demands of labor or labor unions, suppliers or other entities that it considers unreasonable.
7. NO GUARANTEE.
Each party agrees that, notwithstanding anything to the contrary in this Agreement, no promise, guaranty, representation or warranty of any kind or nature whatsoever (including, without limitation, as to the implementation of any learning from any Event) is or will be made as to the success or failure of any Event on your or any other individual’s or entity’s business or operations.
8. NOTICE OF PHOTOGRAPHY / VIDEOGRAPHY / BROADCAST.
When you attend the Event or program, you enter an area where photography, audio, and video recording may occur. By entering the event premises, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, or any other purpose by us or any affiliates and representatives. You release us, our organization(s) and sponsor(s), their officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or or sound recordings. By entering the Event premises, you waive all rights you may have to any claims for payment or royalties in connection with any exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by us or the person or entity designated to do so by us or an affiliated organization, sponsor or exhibitor. This shall constitute your informed consent, waiver of liability, and release before entering the event, and this notice shall be made available and displayed at the Event. While we reserve all rights to photography and record the event, you may not tape or record the Event without obtaining prior written consent, which may be withheld in our sole discretion.
9. GOVERNING LAW; VENUE.
Any dispute or claim, whether in contract or tort, arising out of or in connection with the Event and/or these Terms & Conditions, will be governed by the laws of the State of New York without giving effect to any conflict of laws provisions thereof. Any dispute or claim, whether in contract or tort, arising out of or in connection with the Event and/or these Terms & Conditions will be submitted exclusively to the New York State Courts in New York County. You hereby consent to the exclusive jurisdiction of such court and to the service of process outside the State of New York pursuant to the requirements of such court in any matter submitted to it, and all parties expressly waive the right to a jury trial.
10. ASSIGNMENT; LIMITATION OF LIABILITY.
You may not assign or transfer any rights or interest herein (including, without limitation, rights and duties of performance), nor shall the same be assignable by operation of law, without our prior written consent in its sole discretion. In no event will any party be liable to you for any lost profits or any non-economic, incidental, indirect, special, consequential, speculative, exemplary or punitive damages arising out of or relating to the Event or these Terms & Conditions.
11. COMMUNICATIONS.
By choosing to purchase a ticket, register and/or create an account through our Events, you agree to receive HITLAB related communications from our partners and us. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email or text we send.
12. USER CONTENT.
Our Events may allow you to comment, post, link, store, share, and otherwise make available certain information, text, photographs, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through the Events, including its legality, reliability, and appropriateness.
By posting User Content on or through the Events, you represent and warrant that: (a) the User Content is yours (i.e., you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (b) that the posting of your User Content on or through the Events does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to censor, edit, and/or remove any User Content found to be infringing on a copyright or otherwise deemed, in our sole discretion, to be inappropriate.
You retain any and all of your rights to any User Content you submit, post, or display on or through the Events and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third-party posts on or through the Events. However, by posting User Content using the Events you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Events. You agree that this license includes the right for us to make your User Content available to other users of the Events, who may also use your User Content subject to these Terms.
There are areas of our Events where you are able to post data such as your name, photograph or contact information, that will be available to other Users of the Events. By choosing to use those features of our Events, you understand and agree that anyone may access, use and disclose the data that you post, including your name, photograph or contact information.
User Content should not include any sensitive information such as medical histories, mental health conditions or insurance information. If you do share personal or sensitive information, you will not hold HITLAB or any of its partners responsible in any way, including any actions that result from your voluntary sharing of personal or sensitive information.
13. ACCOUNTS/REGISTRATION.
Use of some of the HITLAB Content found on the Events may require you to create a third party account, including a username and password. To create an account and register for those events or benefits, you must provide you name, email address and a password. We will use your email address to send you notices and reminders of upcoming activities and sessions related to HITLAB. You may not select or use a user name (a) of another person with the intent to, or in any way may be interpreted as an attempt to, impersonate another person, (b) that is subject to the rights (including intellectual property or other personal rights) of any other person or entity without prior written authorization, (c) that we, in our sole discretion, deem inappropriate, illegal, offensive, troublesome or violative of any third-party rights in any way.
By creating an account with us, you guarantee that you (a) are above the age of 18, (b) will provide true and accurate information and (c) will maintain a valid email address to continue participating in our Events.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Events or a third-party Events. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
14. PERMITTED USE OF ANY CONTENT.
Your use of any content from our Events must be lawful and respectful of our and others’ rights. As a condition of using our Events, you must not misuse or abuse it in any way. Specifically, you may not use our Events, in whole or in part, that (a) is unlawful in any way, (b) may cause HITLAB legal liability of any kind, (c) may disrupt others’ use of the Events, (d) may be considered to be harassing, libelous, invasive of anyone’s privacy, defamatory, obscene, harmful, incendiary, discriminatory, prejudiced, offensive, hostile, exploitive, harmful to minors, promotes illegal activity, misleading or deceptive, pornographic, or violates these Terms, our Privacy Policy or Cookies Policy, (e) interrupts, destroys, limits the functionality of our Events or provides unauthorized access to any computer system, or (f) is commercial in nature. You may also not modify, rent, lease, loan, reproduce, duplicate, copy, sell, distribute, otherwise exploit, or create derivative works of the Events or HITLAB Content, either in whole or part.
15. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless HITLAB, its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of (or inability to use) the Events (by you or any person using your account and password), (b) your breach of these Terms, (c) any Content posted on the Events, (d) your violation of any rights of a third party, including any right of privacy, publicity rights, or intellectual property rights, or (e) your violation of any applicable laws, rules, or regulations of the United States or any other country.
16. LIMITATION OF LIABILITY.
In no event shall HITLAB, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to, or use of, or inability to access or use the Events; (b) any conduct or content of any third party on the Events; (c) any content obtained from the Events; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
IN THE EVENT YOU ARE DISSATISFIED WITH ANY PART OF THIS EVENTS OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO EXIT, DISCONTINUE USING THIS EVENTS, CANCEL YOUR ACCOUNT AND/OR UNSUBSCRIBE TO OUR COMMUNICATIONS.
17. DISCLAIMER.
Your attendance and participation at any Event is at your sole risk. The Events are provided on an “AS IS,” “AS AVAILABLE,” and “WITH ALL FAULTS” basis. The Events are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
HITLAB, its partners, agents, and its licensors do not warrant that (a) the Events will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Events is free of viruses or other harmful components; or (d) the results of using the Events will meet your requirements.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
18. EXCLUSIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
19. NO WAIVER.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Events, and supersede and replace any prior agreements we might have had between us regarding the Events.
20. CHANGES.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We encourage you to review these Terms periodically for changes. We will post an “updated date” at the top of these Terms if any changes are made.
By continuing to access or use our Events after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Events and should exit immediately.
Contact Us
If you have any questions about these Terms, please contact us at media@HITLAB.org.