Commercial Support Terms and Conditions
Supporters and exhibitors are limited to companies representing products or services which are, in the opinion of ISHLT, related to the field of advanced heart and lung failure and of professional interest/benefit to the meeting attendees. ISHLT reserves the sole authority to control all aspects of the ISHLT Annual Meeting & Scientific Sessions, and any ISHLT event, and to determine the eligibility of any company and/or its product(s). ISHLT reserves the right to refuse applications from companies not meeting standard requirements or expectations.
USE OF ISHLT ANNUAL MEETING & SCIENTIFIC SESSIONS AND JHLT: THE PODCAST SCIENTIFIC PROGRAM CONTENT
Information presented during the ISHLT Annual Meeting & Scientific Sessions and on JHLT: The Podcast is the property of ISHLT and the presenter. Information may not be recorded, copied, transferred to electronic format, reproduced, or distributed without the written permission of ISHLT and the presenter. Any use of the program content that includes, but is not limited to, live or recorded presentations, audiovisual materials used by speakers without the written consent of ISHLT is prohibited.
USE OF ISHLT NAME, LOGOS AND/OR ACRONYMS
The names, logos and acronyms of the International Society for Heart and Lung Transplantation are proprietary marks. Use of the names, in any fashion, by any entity, for any purpose, is expressly prohibited without the written permission of ISHLT.
ASSIGNMENT OF RIGHTS
Supporter/exhibitor grants ISHLT the right to use supporter’s/exhibitor’s name and logo in connection with the promotion and production of the ISHLT Annual Meeting & Scientific Sessions and JHLT: The Podcast and any ISHLT supported event.
Supporter/exhibitor represents and warrants to ISHLT that no materials used in or in connection with its Industry Symposium, Corporate Event, Webinar, Podcasts and/or demonstration material, including handouts, videos, and PowerPoint presentations infringe upon the trademarks, copyrights, or other intellectual property rights of any third party. The supporter/exhibitor agrees to immediately notify ISHLT of any information of which the supporter/exhibitor becomes aware regarding actual or alleged infringement of any third party’s trademarks, copyrights, or other intellectual property rights. The supporter/exhibitor agrees to indemnify, defend, and hold ISHLT and its agents, employees and successors harmless from and against all losses, damages and costs (including reasonable attorneys’ fees) arising out of or related to claims of infringement by the supporter/exhibitor of the trademarks, copyrights and other intellectual property rights of any third party. Notwithstanding the foregoing, ISHLT shall not be liable and expressly disclaims all liability for infringement or alleged infringement of the trademarks, copyrights, or other intellectual property of any third party arising out of the actions of a supporter/exhibitor.
Each supporter/exhibitor agrees to protect, save and keep the International Society for Heart and Lung Transplantation, Freeman, the Colorado Convention Center, Hyatt Regency Denver, ATIV, X-CD Technologies, Zoom Webinar, Libsyn and their respective employees, representatives, agents, successors and assigns forever harmless from any and all loss, cost, damages, liability, expense, lost profits or other indirect, incidental, consequential or exemplary damages for any of their acts, omissions or insufficient participation in connection with the ISHLT Annual Meeting & Scientific Sessions, industry webinars, JHLT: The Podcast. ISHLT is not liable for any errors in any listing or descriptions or for omitting supporter/exhibitor from the ISHLT Annual Meeting & Scientific Sessions, industry webinars, and JHLT: The Podcast. ISHLT will take reasonable measures to ensure the ISHLT Annual Meeting & Scientific Sessions, industry webinars, and JHLT: The Podcast are available without interruption. However, difficulties with hardware, software, equipment, and services may result in service interruptions. In no event will ISHLT be liable to supporter/exhibitor for any loss, cost or damage that results from any period of downtime.
COVID-19 RELATED SAFETY
Supporter shall comply with all safety requirements, guidelines, and directives by ISHLT or the Colorado Convention Center to reduce the spread of COVID-19. ISHLT will provide such rules and guidelines as soon as practical and reserves the right to amend such rules at any time before or during the Meeting. PLEASE NOTE: All Supporter employees who will be physically present during show hours, as well as all vendors and contractors of Supporter that will be physically present during show hours and that will have regular face-to-face interaction with attendees, must have completed the completed course of an FDAapproved COVID-19 vaccination prior to the start of the Meeting. ISHLT also strongly encourages Supporters to use vaccinated personnel to the maximum extent practical for all other purposes where such personnel will be physically present at the venue at any time before, during or after the Meeting. ISHLT reserves the right to require additional safety protocols for any individual present at the venue at any time before, during or after the Meeting that is not vaccinated.
FORCE MAJEURE Neither "ISHLT nor Freeman, the Colorado Convention Center, Hyatt Regency Denver, ATIV, X-CD Technologies, Zoom Webinar, or Libsyn will be responsible for delays and/or defaults in its performance due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing; acts of terrorism, wars, hostilities, revolutions, riots, civil commotion, national emergency, fire or explosion, flood, force of nature, embargoes, accidents, acts of God, or stability or availability of the internet, telecommunication system failure; technology attacks, epidemic; quarantine, viruses; strikes, total or partial failure of transportation and/or transportation facilities, supplies, acts of request of any governmental authority or any other cause beyond the control of ISHLT, Freeman, the Colorado Convention Center, Hyatt Regency Denver, ATIV, X-CD Technologies, Zoom Webinar, or Libsyn.
Violations of any of these rules, regulations and guidelines on the part of the supporter/exhibitor, employees or agents, shall cancel the right to support and/or occupy space and will forfeit to ISHLT all money that may have been paid. Supporters and exhibitors participating in the ISHLT Annual Meeting & Scientific Sessions, industry webinars, JHLT: The Podcast are responsible for communicating the rules, regulations and guidelines of ISHLT to their agents, employees, contractors and anyone connected with or authorized by the supporter/exhibit company.
PAYMENT AND CANCELLATION
Total payment in full is due with completed applications by the due dates listed. If for any reason, a company cancels its support and/or exhibit opportunity commitment after returning the application, full payment is due upon cancellation. There will be no refunds.
ADDITIONAL COMMERCIAL SUPPORT AGREEMENT
Supporter/exhibitor agrees to sign an additional Commercial Support Agreement which includes terms, conditions and purposes of commercial support for an independent educational activity. ISHLT, an ACCMEaccredited “Accredited Provider” of continuing medical education, is committed to presenting Continuing Medical Education (“CME”) activities, the content of which promotes improvements in physician performance or patient health status and is independent of the control of commercial interests. As part of this commitment, and in accordance with its Commercial Support Policy, the Accredited Provider will outline in the additional Commercial Support Agreement the terms, conditions and purposes for commercial support associated with its CME activities. Commercial support is defined as financial or in-kind contributions given by a commercial interest used to pay all or part of the costs of a CME activity.
This Agreement will constitute the entire agreement between supporter/exhibitor and ISHLT and may only be modified in writing, signed by both parties. ISHLT’s rights under this Agreement are not deemed waived except as specifically stated in writing and signed by an authorized representative of ISHLT. If any term of this Agreement is declared invalid or unenforceable, the remainder continues in full force and effect. ISHLT may assign this Agreement or its rights or responsibilities hereunder to any other party. ISHLT shall have the sole authority to interpret and enforce all terms and conditions. Any and all matters not specifically covered herein are subject to decision by ISHLT and such decision shall be final. These terms and conditions may be amended at any time by ISHLT upon written notice to all supporters/exhibitors. Supporter/exhibitor expressly agrees to be bound by the terms and conditions set forth herein and by any amendments thereto adopted by ISHLT from time to time. Any action arising out of this Agreement or the ISHLT Annual Meeting & Scientific Sessions, industry webinars, JHLT: The Podcast must be brought in courts located in Cook County, Illinois, USA and governed by the laws of the State of Illinois, USA. Supporter/exhibitor hereby consents to the jurisdiction of such courts. ISHLT is entitled to recover reasonable attorneys’ fees and costs in any action to enforce its Agreement. Supporter/exhibitor may not assign this Agreement to any other party, including a successor in interest without the prior written consent of ISHLT, in which circumstance support/exhibitor must guarantee performance of the assigned obligations. This Agreement is binding upon the heirs, successors and permitted assigns of supporter/exhibitor.