eClinicalWorks hosts the Virtual Conference for the benefit of its customers, affiliates, and employees. To create the best environment to share ideas, eClinicalWorks sets these Terms and Conditions for attendance at the Virtual Conference. These Terms and Conditions apply to each person (“Attendee”) regardless of whether the Attendee completed a formal registration, and your attendance at the Virtual Conference demonstrates your consent.
1.ATTENDEES Virtual Conference attendees are limited to eligible registrants, specifically eClinicalWorks customers and their employees, as well as eClinicalWorks’ partners, affiliates, and guests. eClinicalWorks reserves the right to deny registration to the Virtual Conference to any individual or corporate applicant(s) for any reason at its sole discretion. Registration for the Conference is for the full three-day event, and no single-day passes are available. All registered attendees agree to allow eClinicalWorks to contact them regarding their registration and attendance at the event. By registering for the Virtual Conference, you agree to allow eClinicalWorks to communicate with you via email with information regarding the event.
2.FEES There are no fees to attend the 2020 Virtual Conference.
3.CANCELLATIONS Registered attendees who cancel their registration for the Virtual Conference may forfeit all conference materials included in theregistration, including access to on-demand presentations and the Exhibit Hall.
4.CONDUCT Inappropriate behavior that creates a disturbance, disruption, or safety hazard is prohibited at the Virtual Conference. Attendees are prohibited from offering goods or services to or attempting to sell or purchase goods and services from anyone other than a sponsored vendor. eClinicalWorks reserves the options of revoking registrations as well as removing Attendees found disrupting any part of the Virtual Conference.
5.CONFIDENTIALITY You may obtain, receive, or have access to certain confidential, non-public, or proprietary information regarding eClinicalWorks or its affiliates during the course of the Virtual Conference. By completing registration for the Virtual Conference, you agree to maintain as strictly confidential all such information and not disclose any such information for any reason to any third parties without eClinicalWorks’ prior written consent. You agree that all content provided at the Virtual Conference is proprietary, and no sessions or content may be recorded or copied.
6. SESSIONS Attendance at sessions and classes is on a first-come, first-served basis; space is limited to attendees only. Please arrive early to each session to secure your place. eClinicalWorks may add, substitute, or cancel sessions and/or vary advertised programs or event times without prior notice. eClinicalWorks does not guarantee that you will be informed of such changes before the date of the Virtual Conference.
7. SHARING CONTACT INFORMATION If you choose to share your contact information with event sponsors, eClinicalWorks employees, or fellow attendees, that is at your own discretion. eClinicalWorks is not responsible for information that you choose to share on the virtual platform or in virtual Exhibit Hall.
9. OPINIONS eClinicalWorks encourages you to meet and visit with all of the companies who will be joining us as official sponsors and exhibitors at the Virtual Conference. The views or opinions expressed by any Attendee, speaker, or sponsor are not necessarily the views or opinions of eClinicalWorks or its affiliates. All Attendees, speakers, and sponsors are responsible for their own content (including presentations, marketing collateral, advertising, and online content) and warrant that none of their content infringes on the intellectual property rights of others.
10. SHARING OF INFORMATION You understand and agree that your personal information may be shared between eClinicalWorks and the event platform vendor. Such information includes personal demographic information such as name, practice name, practice address, and contact information such as an email address.
11. INDEMNITY To the extent permitted by law, you agree to indemnify, defend, and hold harmless eClinicalWorks, the Virtual Conference hotels/convention center where the Virtual Conference is being held, and their respective employees, officers, directors, and agents against all claims, losses, or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney’s fees) arising out of or connected to your actions or failure to act in accordance with the Terms and Conditions, except those claims arising out of the other party’s gross negligence or willful misconduct.
12. WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ASSOCIATED WITH THE VIRTUAL CONFERENCE ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ECLINICALWORKS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ASSOCIATED WITH THE VIRTUAL CONFERENCE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL (A) ECLINICALWORKS BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOSS OF OPPORTUNITY, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR RELIANCE DAMAGES AND (B) THE AGGREGATE LIABILITY OF ECLINICALWORKS TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH THIS AGREEMENT EXCEED THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU TO ATTEND OR $100 USD.
14. ASSUMPTION OF RISK You acknowledge and agree that your attendance and participation in the Virtual Conference is voluntary. You agree to assume the risks associated with attending and participating in the Virtual Conference to the fullest extent permitted under applicable law.
15. CODE OF CONDUCT You agree to behave in such a way as to create a safe, supportive learning environment while at the Virtual Conference and any related events. You agree not to engage in disruptive speech or behavior or otherwise interfere with the Virtual Conference or other individuals’ participation in the event. You will comply with all applicable laws and agree not to engage in any form of harassing, offensive, discriminatory, or threatening speech or behavior, including relating to race, gender, sexual orientation, religion, or disability. eClinicalWorks will require participants engaging or threatening to engage in such behavior to leave the Virtual Conference or related event immediately. If you witness such behavior, please promptly contact an eClinicalWorks staff member so direct action can be taken.
16. GOVERNING LAW This Agreement, its validity, construction, and effect shall be governed by the laws of the State of Massachusetts. In the event that any part of this Agreement is declared to be void or unenforceable by a court having jurisdiction, the remainder of this Agreement shall continue in full force and effect with such void or unenforceable part thereof deleted therefrom.
17. ABRITRATION Any and all controversies, claims, or disputes arising out of, relating to, or connected with this Agreement or your attendance or use of the content provided by the Virtual Conference shall be referred to and settled by individualized arbitration administered by the American Arbitration Association ("AAA") in accordance with the provisions set forth under the AAA's Commercial Arbitration Rules and any other applicable rules and procedures ("Rules") by a panel of three arbitrators appointed in compliance with the Rules. This includes all disputes over arbitrability.
i.The Parties to this Agreement further acknowledge and agree that:
1.The location of the arbitration, including the location of all arbitration hearings, shall be Boston, Massachusetts;
2.The arbitral award shall address the costs and expenses of arbitration and all matters related thereto, including, the allocation of same between the parties;
3.The award of the arbitrators shall be final and binding upon the parties; and
4.The parties submit to the jurisdiction of the federal courts of Massachusetts for the purposes of ratifying any award made pursuant to arbitration proceedings conducted in accordance with this clause and/or may enforce the award through such courts.
ii. By attending the Virtual Conference or using the content from the Virtual Conference, you expressly waive your right to pursue all controversies, claims, or disputes in court and instead must submit any such controversies, claims, or disputes to arbitration as described above.
18. WAIVER OF CLASS AND JOINT CLAIMS Any arbitration (or, if arbitration of the action is not permitted by law, litigation) shall be solely on behalf of an individual person, and shall not be consolidated or joined with the claims of any other person or brought on behalf of a putative class unless previously agreed to in writing by you and eClinicalWorks. This provision shall survive the termination of this Agreement, regardless of the cause of such termination.
19. GENERAL eClinicalWorks reserves the right to change, amend, add, or remove any of the above Terms and Conditions at its sole discretion and without prior notice. If one or more of the conditions outlined in these Terms and Conditions should become invalid, the remaining conditions will continue to be valid and apply. These Terms and Conditions apply to all event participants (attendees, speakers, sponsors, exhibitors, etc.).