TERMS AND CONDITIONS

These terms and conditions apply to any registration to attend ACE NextGen events or

programing, including Inner Circle Programs, Retreats, Conferences, Virtual Events and All

other future programming related to ACE NextGen.

1. INTRODUCTION

 Any event or programming will be organized and managed by Ace NextGen, addressed

PO BOX 51471, Boston MA 02205, USA.

 References to “us” or “service provider” means Ace NextGen and references to “we” and

“our” shall be construed accordingly. Reference to “you” or “event attendee” or

“customer” means the entity/person completing a registration request and references to

“your” shall be construed accordingly.

 All applications to register for the event, and all orders to purchase the relevant item, are

made subject to these terms & conditions (which shall apply to the exclusion of any

terms you attempt to be incorporated into our agreement with you).

2. REGISTRITIONS

 All applications to register for the relevant event are subject to availability and full

payment being received by us.

3. PRICE & PAYMENT

 The prices for attending the event are set out on the relevant registration form or on our

website. Prices are subject to change at our discretion.

 If full payment has not been received, we reserve the right to cancel your registration at

any time and refuse entry.

4. CANCELLATION, SUBSTITUTION, AND REFUND POLICY

 We shall not be liable to you for travel, accommodation or other costs and expenses

incurred (included wasted costs and expenses) if we are required to cancel or relocate

the event as a result of an event outside our reasonable control (including, without

limitation, to acts of God, floods, lightning, storm, fire, explosion, war, military operations,

acts or threats of terrorism, strike action, lock-outs or other industrial action or a

pandemic, epidemic or other widespread illness).

 See also our Cancellation/Refund Policy. 

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5. CONTENT

 All rights in all presentations, documentation and materials published or otherwise made

available as part of the event (including but not limited to any documentation packs or

audio or audio-visual recording of the event) (“Content”) are owned by us or are included

with the permission of the owner of the rights. No (i) photography, filming or recording; or

(ii) republication, broadcast or other dissemination of the Content is permitted. You shall

not distribute, reproduce, modify, store, transfer or in any other way use any of the

Content (save that use by the relevant delegate for internal business purposes shall be

permitted), and in particular (but without limitation) you shall not (and shall procure that

each of your delegates shall not):

- upload any Content into any shared system;

- include any Content in a database;

- include any Content in a website or on any intranet;

- transmit, re-circulate or otherwise make available any Content to anyone else;

- make any commercial use of the Content whatsoever; or

- use Content in any way that might infringe third party rights or that may bring us or any

of our affiliates into disrepute.

 Suggestions or advice contained in the Content should not be relied upon in place of

professional or other advice. Whilst we take reasonable care to ensure that the Content

created by us is accurate and complete, some of it is supplied by third parties and we are

unable to check its accuracy or completeness. You should verify the accuracy of any

information (whether supplied by us or third parties) before relying on it. The Content is

provided on an “as is” basis without any warranties of any kind (express or implied). We

hereby exclude to the fullest extent permitted by law all liabilities, costs, claims,

damages, losses and/or expenses arising from any inaccuracy or omission in the

Content or arising from any infringing, defamatory or otherwise unlawful material in the

Content.

 To the extent that any Content is made available by us online or in any other way other

than physical hard copy form we reserve the right to suspend or remove access to such

Content at any time.

6. LIABILITY

 Our aggregate liability to you, whether such liability arises in contract, tort (including

negligence) or otherwise, for any damages, loss, costs, claims or expenses of any kind

howsoever arising, out of in connection with any booking (or requested booking) made

by you or otherwise in relation to an event, shall be limited to the price paid by you in

respect of your booking to attend the event.

 We shall not be liable to you for: (i) any loss of profit, loss of or damage to data, loss of

anticipated savings or interest, loss of or damage to reputation or goodwill; or (ii) any

indirect, special or consequential damages, loss, costs, claims or expenses of any kind.

 You agree to indemnify us, our staff and our affiliates and to hold us harmless to the

fullest extent permitted by law, against all loss, costs, claims or expenses of any kind

arising from any act or omission by you (including your delegates) during or otherwise in

relation to an event.

 Nothing in this these Terms and Conditions shall limit or exclude a party's liability for:

o death or personal injury caused by its negligence, or the negligence of its employees,

agents or subcontractors;

o fraud or fraudulent misrepresentation; or

o any other liability which cannot be limited or excluded by applicable law.

 Disclaimer of Warranties. ENROLLING AND PARTICIPATING IN THE SERVICES IS AT

YOUR OWN RISK. WE DO NOT GUARANTEE OPENINGS FOR THE SERVICE OR

ANY QUALITY THEREOF. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS

AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT SERVICES OR ANY

MATERIAL PROVIDED IN CONNECTION WITH SERVICES WILL: A) MEET YOUR

REQUIREMENTS OR EXPECTATIONS, B) BE UNINTERRUPTED, TIMELY, SECURE

OR WITHOUT ERRORS, OR C) GENERATE ANY PARTICULAR RESULT OR

PURPOSE. 

  Limitation of Liability. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO

EVENT ATTENDEE OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE

OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY

CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE

DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT

(INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH

DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND

NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS

ESSENTIAL PURPOSE. IN NO EVENT SHALL SERVICE PROVIDER'S AGGREGATE

LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER

ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING

NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR

PAYABLE TO SERVICE PROVIDER. THE LIMITATION OF LIABILITY SET FORTH IN

THIS SECTION 9 SHALL APPLY DEATH OR BODILY INJURY RESULTING FROM

SERVICE PROVIDER'S NEGLIGENT ACTS OR OMISSIONS.

 Indemnification. Event attendee shall indemnify, defend, and hold harmless Service

Provider, and its parent companies, affiliates and subsidiaries, and each of their officers,

directors, managers, members, employees, contractors, customers, agents, successors

and assigns from and against all claims, demands, actions, suits, damages, liabilities,

losses, settlements, judgments, costs and expenses (including reasonable attorneys’

fees and costs), arising from Customer’s breach of this agreement, negligence, willful or

intentional misconduct, or any personal injury, death or illness, including out of or from

any Force Majeure Event, whether or not such injury, death or illness occurs before,

during or after participating in any Services or while on any premises Services are

offered. If and to the extent the scope of the foregoing defense and indemnity obligations

shall be limited by applicable law, such obligations shall be deemed to be limited only to

the extent required by applicable law and, notwithstanding whether or not such laws

apply with respect to Service Provider defense and indemnity obligations described in

this Section, Service Provider defense and indemnity obligations shall be likewise

limited.

 Special Accommodations. Event attendee shall notify Service Provider of any special

accommodations required for Student to attend the program. Customer shall notify

Service Provider no less than three weeks prior to the Student’s first day of the program

to arrange reasonable accommodations. 

 Force Majeure. No Party shall be liable or responsible to the other Party, nor be deemed

to have defaulted under or breached this Agreement, for any failure or delay in fulfilling

or performing any term of this Agreement, when and to the extent such failure or delay

(except with respect to any payment obligation) is caused by or results from acts beyond

the impacted party's (“Impacted Party”) reasonable control, including, without limitation,

the following force majeure events (each a “Force Majeure Event”): (a) acts of God; (b)

flood, fire, earthquake, epidemics, pandemics, quarantines or explosion; (c) war,

invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other

civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect

on or after the date of this Agreement; (f) national or regional emergency; (g) strikes,

labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate

power or transportation facilities; and (i) other events beyond the reasonable control of

the Impacted Party. 

 Health and Safety. Service Provider will meet or exceed all local, state and federal health

and safety requirements. Service Provider reserves the right to amend these practices at

any time before or during a program and will notify event attendee within 48 hours of any

changes. If medication is needed, necessary medical forms must be filled out with

medications in the original container with the prescription language written in English.

Medication other than inhalers and diabetic testing kits will be given to Service Provider

upon check in and dispensed by Service Providers. If medically required, event attendee

must bring two epinephrine auto-injectors (i.e, Epipen), one will be held by Service

Provider, the other will be held by the event attendee. If any type of syringe is needed,

event attendee is required to bring a Sharps biohazard disposal container. Upon

program completion, event attendee is responsible for retrieving all medications and

supplied from Service Provider. Service Provider will not have medical professionals

staffed at program. Program Supplier cannot administer over-the-counter medication

without written permission from parent/legal guardian or their physician and will be

dispensed as directed on the medication’s box/container or prescribing doctor’s note. 

7. GENERAL

 These terms and conditions (together with any documents referred to herein or required

to be entered into pursuant to these terms and conditions) contain the entire agreement

and understanding between us and supersede all prior agreements, understandings or

arrangements (both oral and written) relating to the subject matter of these terms and

conditions and any such document.

 You acknowledge that in registering a delegate place you have not relied on, and shall

have no remedy in respect of, any statement, representation, warranty, understanding,

promise or assurance (whether negligently or innocently made) of any person other than

as expressly set out in these terms and conditions.

8. DATA PROTECTION & PRIVACY POLICY

 We are the Data Controller for the purposes of the Federal Trade Commission Act (15

U.S. Code § 41 et seq.) at the federal level. At the MA State level, it relates to Standards

for The Protection of Personal Information of Residents of the Commonwealth" (or 201

CMR 17.00).

 By making a registration and providing any delegate personal data (as defined in the

above bullet point) to us, you warrant that: (i) you have a lawful basis for processing the

personal data, including (where applicable) fully-informed consent (as defined in the

bullet point above) and notices in place to enable lawful transfer of the data to us; (ii) you

have brought our privacy policy to the attention of each delegate you are registering to

attend an event; and (iii) agree to fully indemnify us for any and all loss suffered in

connection with a breach of your obligations under this clause below.

 If making a registration to attend the event yourself, you acknowledge that we may

process your personal data in accordance with our Privacy Policy. (update this link, then

delete this wording)

9. CODE OF CONDUCT

 All attendees, speakers and volunteers at our event are required to agree with the

following code of conduct. Organizers will enforce this code throughout the event. Our

event is dedicated to providing a harassment-free event experience for everyone,

regardless of gender, gender identity and expression, age, sexual orientation, disability,

physical appearance, race, ethnicity, religion (or lack thereof), or technology choices.

Participants violating these rules may be sanctioned or expelled from the event without a

refund at the discretion of the organizers.

QUESTIONS?

Any other questions, please contact us.