These are the terms and conditions (“Terms”) governing your company’s participation in the ASHA Virtual Career Fair (“Event”). By registering for the Event, you agree to these Terms which form a binding legal contract between your company, hereby referred to as “Exhibitor” and the host, the American Speech-Language-Hearing Association (“ASHA”). By accepting these Terms, you represent and warrant that you have the full legal right and power and all authority to do so on behalf of the Exhibitor, and Exhibitor agrees to be bound by all conditions, policies, and procedures as defined herein. Any term or condition regarding the Event not expressly covered in these Terms is subject to ASHA’s decision, in its sole discretion.
ASHA reserves the right to assess and determine eligibility of any potential Exhibitor. To be eligible to participate in the Event, Exhibitor must have an Account with ASHA that is current and paid in full. ASHA may deny or revoke eligibility for cause based on a violation of these Terms.
ASHA reserves the right to withdraw its acceptance and immediately terminate these Terms without issuing a refund to the Exhibitor (a) if ASHA determines, in its sole discretion, that Exhibitor is not eligible to participate, or (b) if ASHA determines, in its sole discretion, that Exhibitor or any of its officers, directors, employees, or agents are engaged in activities involving moral turpitude or activities that are otherwise objectionable to ASHA.
Exhibitors must register to participate in the Event. Please reference individual exhibit packages for the number of virtual registrations included. Exhibitor shall staff virtual booths during all hours of the Event.
Exhibitor shall upload its virtual career fair booth materials to the Event platform no later than two weeks prior to the date of the Event. Exhibitor’s materials shall include a company profile, branded image, job description(s), link(s), and video(s).
Exhibitor has the option to select one of the following tiers:
Additional job postings can be purchased as an add-on to Exhibitor’s booth package through the Career Portal.
Exhibitor shall pay to ASHA all amounts due in full in the amounts and upon the terms set forth on the payments page associated with these Terms.
As between Exhibitor and ASHA, Exhibitor shall be solely responsible for all of its materials submitted to ASHA in connection with the Event (the “Content”), including the accuracy of such Content. Exhibitor represents and warrants to ASHA that the Content does not infringe on the intellectual property rights of any third party, is not defamatory or offensive, and is in compliance with all applicable laws, and that all persons appearing in the Content have provided appropriate consents to have their name, image, likeness, and video and audio recordings used in the manner that Exhibitor intends to use them.
Prizes, contests, and/or lotteries are permitted; however, such activities and their prizes must be approved by ASHA prior to the Event. An Exhibitor giveaway should be modest in value and, in any event, cannot exceed $500. Exhibitor shall not provide alcohol as a prize. The Exhibitor shall pay all expenses and damages incurred by ASHA with respect to any breach of these Terms, and ASHA may retain any and all amounts paid by Exhibitor to ASHA to participate in the Event.
Any failure by the Exhibitor to occupy their virtual booth will not relieve the Exhibitor of the obligation of paying the full Event fee.
Cancellation requests must be received by ASHA at firstname.lastname@example.org, no later than two weeks prior to the Event. Cancellations will be refunded less 25% of the total booth package. If any benefits from the booth package have been used, i.e., job postings, the value of that benefit may not be refunded, in ASHA’s sole discretion. Cancellation requests received less than two weeks before the event will not receive a refund and the Exhibitor forfeits the entire amount paid. There are no exceptions to this requirement.
The virtual booth assigned to the Exhibitor is for its exclusive use. ASHA strictly prohibits the “co-opting” or subletting of virtual booths unless the exhibitors are affiliated companies.
ASHA may postpone or terminate the Event or any of its obligations hereunder without penalty if the Event platform becomes unavailable, or if it becomes inadvisable, impracticable, illegal, or impossible to hold the Event as scheduled due to any event or occurrence beyond the control of ASHA. In such an event, Exhibitor hereby waives any and all damages and claims for damages and agrees that the sole liability of ASHA shall be to refund to Exhibitor all payments made for booth space, less a proportionate share of all expenses incurred or committed by ASHA, such as, but not limited to, advertising.
The Exhibitor agrees to indemnify, defend and hold harmless ASHA and Brazen Technologies, Inc. (“Brazen”), the Event platform provider, and their respective officers, directors, employees, agents, successors, and assigns, from all and against any loss or liability, including reasonable costs and attorney’s fees, asserted by any person or entity, arising out of or relating to: (a) any violation of any law, regulation or ordinance by the Exhibitor, its employees or agents, (b) any failure by the Exhibitor to comply strictly with these Terms and any additional requirements set forth in writing by ASHA or Brazen regarding the exhibition space, (c) any infringement, defamation, unauthorized use, or other claims related to the Content or Exhibitor’s banner ads on asha.org, including but not limited to music, displays, graphics, or any other materials used during the Event; (d) use of any portion of the Event platform by the Exhibitor, its employees, and/or agents, (e) the gross negligence, willful misconduct or fraud of the Exhibitor, its contractors, subcontractors, employees, and/or agents, and (f) personal injury or property damage caused by the Exhibitor, its employees and/or agents.
THE MAXIMUM LIABILITY OF ASHA AND BRAZEN FOR ANY CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT OF THE VIRTUAL CAREER FAIR BOOTH PACKAGE PAID BY EXHIBITOR FOR THIS EVENT. IN NO EVENT SHALL ASHA BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ASHA’S SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. ASHA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE EVENT OR ASHA.ORG, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ASHA EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE ASHA MATERIALS, ASHA PROPERTIES, SERVICES OR EVENT WILL BE FREE FROM ERRORS, DELAYS OR INTERRUPTIONS, THAT ALL ERRORS WILL BE CORRECTED, OR THAT ANY OF THE FOREGOING WILL MEET THE REQUIREMENTS OF EXHIBITOR.
Any controversy or claim arising out of or relating to these Terms, or breach thereof, shall first be discussed informally for an amicable settlement between the parties and should that not succeed the parties shall attempt to resolve the matter by mediation. Should mediation not resolve the matter, it shall be settled by binding arbitration in the State of Maryland in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The exclusive jurisdiction and venue for any claims relating to these Terms that are not subject to arbitration for any reason shall be the state or superior courts of Maryland, or the federal courts located in Montgomery County, Maryland, and the Exhibitor hereby submits to the personal jurisdiction of said courts. These Terms will be governed by and construed in accordance with the applicable laws of the state of Maryland, without regard to conflicts-of-laws principles. The parties hereto agree that the right to a trial by jury shall be waived regarding any and all claims related to this agreement.
Exhibitor shall not assign these Terms, including though an assignment by operation of law, without ASHA’s express prior written consent.
ASHA and Exhibitor agree that these Terms are not intended to create any partnership, agency, joint venture, or employer/employee relationship of any kind; both parties agree not to contract any obligations in the name of the other or to use each other's credit in conducting any activities under these Terms. The parties agree that exhibiting as part of the Event does not constitute ASHA's official endorsement, guarantee, acceptance, or approval of Exhibitor, its services, products, programs, or activities.