TERMS OF USE

LAST UPDATED: March 1, 2023

 

Introduction

Expo Pass, LLC (the “Company”, “Expo”, “us,” “we” or “our”) provides certain event services to organizers of, exhibitors at and attendees of conventions, conferences and other events, through, among other things, our proprietary technology, software, and mobile applications, including our web application available at https://www.expopass.com (the “Website”) and our Expo Pass mobile application and any mobile application owned by the Company and used by you in connection with products and services provided by the Company (collectively, the “App”).

THESE TERMS AND CONDITIONS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.  SEE SECTION 24 (LIMITATION ON LIABILITY), SECTION 25 (LIMITATION ON TIME TO FILE CLAIMS), AND SECTION 30 (DISPUTE RESOLUTION), BELOW.  EFFECTIVE AS OF MARCH 1, 2023, THE DISPUTE RESOLUTION AND ARBITRATION TERMS UNDER THE TERMS OF USE HAVE BEEN AMENDED.  SEE SECTION 30 (DISPUTE RESOLUTION).

EFFECTIVE ON MARCH 1, 2023, EXPO, INC., THE 100% OWNER OF THE COMPANY, EFFECTED AN INTERNAL REORGANIZATION WHEREBY ALL SERVICE AGREEMENTS, RENEWAL AGREEMENTS TO SERVICE AGREEMENTS (EACH, A “RENEWAL AGREEMENT”), EQUIPMENT RENTAL AGREEMENTS, MERCHANT AGREEMENTS, MOBILE APPLICATION END USER LICENSE AGREEMENTS, AND OTHER AGREEMENTS RELATING TO THE WEBSITE, APP, OR SERVICES OR GOODS IN CONNECTION THEREWITH,  AND EXPO, INC.’S RIGHTS AND OBLIGATIONS UNDER THE TERMS OF USE, PRIVACY POLICY, COOKIE POLICY, COPYRIGHT POLICY, AND TERMS OF SALE OF GOODS WERE TRANSFERRED TO, AND ASSUMED BY, THE COMPANY, AS ASSIGNEE AND SUCCESSOR-IN-INTEREST THERETO.  SEE SECTION 35 (REORGANIZATION), BELOW.

 

CONTENTS

1. Acceptance of the Terms of Use
2. Changes to the Terms of Use
3. Accessing the Services
4. Becoming a User, Organizer, Exhibitor or Attendee
5. Fees, Pricing and Payment
6. Payments & Processing
7. Disputes, Chargebacks and Refunds
8. Badges
9. Representations and Warranties of Organizer Regarding Event, Venue, Exhibitor and Attendee Information
10. Intellectual Property Rights
11. Trademarks
12. Prohibited Uses
13. User Contribution Requirements
14. Monitoring, Enforcement, Termination
15. Content Standards
16. Copyright Infringement
17. Publicity (Organizers only)
18. No Reliance on Posted Information
19. Changes to the Website or App
20. Information about You and Your Visits to the Website or App
21. Linking to the Services and Social Media Features
22. Links from the Website and App
23. Geographic Restrictions
24. Disclaimer of Warranties
25. Limitation of Liability
26. LIMITATION OF TIME TO FILE CLAIMS
27. Indemnification
28. Release
29. Governing Law
30. Dispute Resolution
31. Waiver and Severability
32. Construction
33. Survival
34. Entire Agreement
35. Your Comments and Concerns; Contact Information
36. Reorganization; Transfer of Agreements and Policies; Restatement and Application of Terms of Use and Policies

 

1. Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and the Company.  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern the services and products provided to you by the Company, your access to and use of the Website and your access and use of the App, (collectively, the “Services”), including any content, functionality, services or products offered on or through the Services, whether as a guest or a registered user.

These Terms of Use, together with any service agreement, merchant agreement (“Merchant Agreement”) or order for Services from the Company, if any, to which you are a party (a “Service Agreement”), are referred to as the “Agreement”.  If you use the Services, you and Expo are each a “Party” to the Agreement.

If you are party to or subject to a Service Agreement with the Company, Merchant Agreement with the Company, , these Terms of Use also govern such Service Agreement, Merchant Agreement, and the term “Services” shall include such Service Agreement, Merchant Agreement, and any services, goods or equipment provided by the Company under such Service Agreement, Merchant Agreement, .

Please read the Terms of Use carefully before you start to use the Services.

By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.expopass.com/privacy-policy, incorporated herein by reference.

If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

By accepting these Terms of Use downloading, installing or using the App, you agree that you are bound by our Mobile Application End User License Agreement (the “Mobile Application End User License Agreement”) available at https://www.expopass.com/end-user-license-agreement, and by our Privacy Policy, found at https://www.expopass.com/privacy-policy, incorporated into the Mobile Application End User License Agreement by reference.  If you do not want to agree with the Mobile Application End User License Agreement or the Privacy Policy, you must NOT download or use the App.

The Privacy Policy, Mobile Application End User License Agreement, Copyright Policy and any Service Agreement or Merchant Agreement between the Company and you are incorporated by reference into this Agreement.

The Services are offered and available to users who are 16 years of age or older and reside in the United States and any of its territories or possessions.

If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian’s account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.

Parents and Guardians: By granting your child permission to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

All Users: By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

If you are accessing or using the Services on behalf of an entity or organization:

1. 1. your use of the Services binds such entity or organization to these Terms of Use,
   2. the terms “you” and “your,” as used in these Terms of Use, our Privacy Policy, our Mobile Application End User License Agreement, any Service Agreement or the Merchant Agreement between the Company and you, and any other document or policy referenced in these Terms of Use, shall be deemed to mean both you, in your individual capacity, and the entity or organization on whose behalf you are accessing, using or contracting for the Services, and
   3. you represent and warrant that you are authorized by such entity or organization to access and use the Services, enter into the Terms of Use, our Privacy Policy, the Mobile Application End Use License Agreement, such Services Agreement or Merchant Agreement and any other document or policy referenced in these Terms on behalf of such entity or organization and to bind such entity or organization to such terms, policies and documents.

 If you do not meet these requirements, you must not access or use the Services.

 

2. Changes to the Terms of Use

We may revise, update, amend, supplement and/or restate these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access to and use of the Services, including any Service Agreement or Merchant Agreement between the Company and you.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page each time you access the Website or App so you are aware of any changes, as they are binding on you.

 

3. Accessing the Services

We reserve the right to withdraw or amend the Services, and any service, product or material we provide through the Services, in our sole discretion without notice.  WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE WEBSITE, APP OR ANY SERVICE OR PRODUCT ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.  From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services;
• Ensuring that all persons who access the Services through your internet connection or as a result of information which you submitted to such persons or Expo, are aware of these Terms of Use and comply with them; and
• Providing your own device and internet access. For virtual or live streamed Events, we recommend that you have an internet connection that permits upload and download speeds of at least five (5) megabytes per second.

It is a condition of your registration with and use of the Services that all the information you provide in connection with the Services is correct, current and complete.  You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any audio, visual, virtual meeting or other interactive features on the Website or the App, is governed by our Privacy Policy https://www.expopass.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You have an obligation to keep your login information and Event access information for confidential

If you choose, or are provided with, a username, password, identification number, Event code, Event ID, Event access, dial-in or login information (whether for a live, streaming or virtual Event) or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person, entity or organization (a “Person”).  You also acknowledge that your account is unique to you and agree not to provide any other Person with access to the Website or App or any portions thereof using your username, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use (or any policy or document referenced herein).

 

4. Becoming a User, Organizer, Exhibitor or Attendee

• Becoming a User.  You become a user of the Services (a “user”) by accessing, downloading, viewing, using or registering with the Website or the App.
• Becoming an Organizer.  A user may create an event, which may include a meeting, convention, conference or other event, whether held live or by remote electronic or other virtual means (an “Event”).  A user that creates an account with the Website or the App as an organizer for an Event becomes the “Organizer” for that Event.
• Becoming an Exhibitor.  A Person that is a potential exhibitor at an Event will be invited by email (or other means of communication) by the Organizer of the Event or us to create an account with the Services as an exhibitor using the identification code for such Event.  Such Person becomes a user by accessing the Website or the App, and such user becomes an exhibitor for the Event by creating an account with the Website or the App for such Event (an “Exhibitor”).
• Becoming an Attendee.  A Person that is a potential attendee will be invited by email (or other means of communication) by the Organizer of the Event or us to create an account with the Services as an attendee of the Event or purchase one or more tickets to the Event through the Services using the identification code for such Event.  A user that creates an account with the Website or the App to become an attendee of the Event, including by purchasing one or more tickets to the Event through the Website or the App, becomes an attendee for the Event (an “Attendee”).

 

 

5. Fees, Pricing and Payment

• Creation of an Account.  There is no fee to register with the Services to create a user account, whether as an Organizer, Exhibitor or Attendee.
• Additional Users.  A fee will apply to Organizers and Exhibitors for the registration of additional users as set forth on the Website or App or in the applicable Service Agreement or Merchant Agreement between the Company and you.
• Lead Retrieval Services.
• Lead Retrieval Price Payable by Exhibitors.  The price payable by Exhibitors for an Event will be as set forth on the Website or App.
•  Baseline Lead Retrieval Price (for Organizers only).  The Company’s baseline price for lead retrieval services for an Event, which will be accessible and visible only by the Organizer of the Event, will be set forth on the Website or App, or in the Service Agreement or Merchant Agreement between the Company and the Organizer.
• Ticket Prices Payable by Attendees.  The price of tickets for an Event payable by Attendees will be as set forth on the Website or App.
• Ticket Prices and Processing Fees (for Organizers only).  The ticket price to be charged to Attendees for an Event will be determined and set by the Organizer of such Event, and will be set forth on the Website or App, or in the Service Agreement or Merchant Agreement between the Company and the Organizer.  The Company will assess a ticket processing fee to Organizers, which will be set forth on the Website or App, or in the Service Agreement or Merchant Agreement between the Company and the Organizer.

• Third-Party Payment Processor Fee. Credit card payments will be processed by a third-party payment processor. The Company, in its sole discretion, shall determine the third-party payment processor, including the third-party payment processor for any Event, sale, purchase or rental. A third-party payment processer will assess a processing fee, which is included in the price for the Company’s services or products set forth on the Website or App, or in a Service Agreement or Merchant Agreement between the Company and the Organizer. If the third-party payment processor for the applicable Event, sale, purchase or rental is Stripe, information regarding Stripe’s payment processing services is available at https://stripe.com. If a different third-party payment processor is used by the Company for an applicable Event, sale, purchase or rental, information regarding the payment processing services of such third-party payment processor may be available on such third-party payment processor’s website. For further information regarding third-party payment processing, see Section 6(Payments and Payment Processing), below.
• Goods (Including Badge Shells).  Prices for goods available for purchase through the Services, including badge shells, are set forth on the Website or App.
• Rental of Equipment (Including Badge Printing Kit Equipment).  Rental rates for equipment available through the Services, including badge printing equipment, are set forth on the Website or App.
• Taxes.  Prices and rental rates for services, goods and equipment set forth on the Website or App, or in the Service Agreement or Merchant Agreement between the Company and the Organizer do not include taxes.  You are responsible for the payment of all taxes.
• Badge Printing Services Available Through Avery.  The Company has an arrangement with Avery whereby Organizers may link to Avery’s web application available at avery.comto print attendee badges for Events using Avery’s web application.  The Company is not affiliated with Avery.  All pricing and costs of printing using Avery’s web application will be as set forth on Avery’s web application and will be payable to Avery in accordance with Avery’s terms and conditions and/or pricing or payment policies. See Section 8(b) (Printing of Badges Through Avery), below, for further details regarding the use of Avery’s printing services through its web application.
• Badge Printing Kits.  Organizers may purchase shells for badge printing and may rent printing equipment from the Company through the Services.  Order forms for purchasing badge shells are available at https://www.expopass.com/equipment-rental.  All purchases of badge shells are subject to the Terms and Conditions for the Sale of Goods, available at https://www.expopass.com/terms-of-sale.  Order forms for renting badge printing kits and equipment are available at https://www.expopass.com/equipment-rental.  All rentals of badge printing kits and equipment are subject to the Equipment Rental Agreement (“Equipment Rental Agreement”), available at https://www.expopass.com/equipment-rental.

 

 

6. Payments and Processing

Terms of payment are within our sole discretion as set forth on the Website or App.  All payments must be made by Organizers, Exhibitors and Attendees by credit card at the time the Company’s products and services are purchased. The credit cards that will be accepted by the Company, including, without limitation, the payment processing networks and credit card issuers, will depend from time to time on the Company’s policies and the third-party payment processor through which payment made to the Company are processed for the applicable Event, sale, purchase or rental.

All payments are facilitated through a third-party payment processing service. The Company, in its sole discretion, shall determine the third-party payment processor, including the third-party payment processor for any Event, sale, purchase or rental. If the third-party payment processor for the applicable Event, sale, purchase or rental is Stripe, information regarding Stripe’s payment services are available at https://stripe.com. If a different third-party payment processor is used by the Company for an applicable Event, sale, purchase or rental, information regarding the payment processing services of such third-party payment processor may be available on such third-party payment processor’s website. The Company may, in its sole discretion, change its third-party payment processor, including, without limitation, for any Event, sale, purchase or rental, at any time.

The third party payment processor assesses a processing fee, which will be included in our listed pricing for our services and products. If the third party payment processor for the applicable sale, purchase or rental is Stripe, information collected by or transferred to Stripe is governed by Stripe’s Privacy Policy available at https://stripe.com/us/privacy. If a different third-party payment processor is used by the Company for an applicable Event, sale, purchase or rental, information collected by or transferred to such third-party payment processor will be governed by such third-party payment processor’s privacy policy.

If you are an Organizer, and Stripe is the third-party payment processor for the applicable Event, sale, purchase or rental, payments will be remitted to you through a Stripe Connect Account if (i) the remittance of payment to you is provided for in the Service Agreement or Merchant Agreement between the Company and you or (ii) the remittance of payment to you is provided for on the Website or the App, including if tickets to an Event will be sold through our Website or App. In such case, payment processing will be subject to the Stripe Connected Account Agreement available at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service available at https://stripe.com/us/legal (collectively, the “Stripe Services Agreement”).

By agreeing to the Service Agreement, Merchant Agreement or by using the Website or the App for services or products that will use a Stripe Connect Account, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of and in order to use our Services which in turn use the Connect Account payment processing services through Stripe, you agree to provide accurate and complete information about you and your business as requested via the Services, and you authorize the Company and the Services to share such information with Stripe (or another applicable third party payment processor chosen by the us) related to your use of the payment processing services provided by Stripe (or such other third party payment processor). If payments are to be received by you though a Stripe Connect Account, then payments will be remitted to you by Stripe in accordance with our payment terms in (y) your Service Agreement or Merchant Agreement or the terms of our Website or App and (z) the Stripe Services Agreement. At the time payment is made by any Organizer, Exhibitor or Attendee, the registration fee, baseline lead retrieval price, the Company’s fee for ticket processing services, purchase prices for badge shells or other goods, rent for equipment (including badge printing kit equipment) and/or other fees and amounts payable to the Company (as applicable) will be remitted by Stripe to the Company. Any amount payable by the Company to an Organizer will be remitted by Stripe to the Organizer within 30 business days after the registration fee, baseline lead retrieval price, the Company’s fee for ticket processing services, and/or other fees is paid by the Exhibitor or Attendee (as applicable) to the Company. Payment remitted by Stripe to an Organizer could take up to three business days to post to the Organizer’s account.

If you are an Organizer and a different third-party payment processor is used by the Company for the applicable Event, sale, purchase or rental, the terms as between the Company and you relating to such third-party payment processor and/or payment processing will be set forth in a separate agreement between the Company and you.

The Company reserves the right to set-off or deduct from any amount payable to an Organizer, amounts payable by the Organizer to the Company and amounts the Company reasonably determines to be costs, damage, liability or other harm resulting from the Organizer’s failure to comply with these Terms of Use, our Privacy Policy, our Copyright Policy, our Mobile Application End User License Agreement, or any Service Agreement, Merchant Agreement or other agreement between the Company and the Organizer.

 

 

7. Disputes, Chargebacks and Refunds

Occasionally, a user may dispute a credit card charge in connection with a payment made through the Services.

• If you are an Organizer or Exhibitor that was incorrectly charged solely due to a systems error of the Website or the App, then the Company will refund you the incorrect amount in full.
• Attendees.
• If you are an Attendee, all refunds are handled by the Organizer of the Event in accordance with the Organizer’s refund policy.
• The Company is not responsible for handling or communicating an Organizer’s refund policy or processing refunds, including for any errors processing a refund, the failure to provide a refund, the failure of an Organizer to communicate about a refund, or any chargebacks related to a refund. The Organizer shall be responsible for all amounts incurred by the Company relating to any refund to an Organizer, Exhibitor or Attendee, and shall promptly reimburse the Company for any and all fees, amounts and payments made or incurred by the Company relating to any such refund, including without limitation, chargeback fees relating to any such refund; provided, however, that the Organizer shall not be obligated to reimburse the Company for any amounts paid or surrendered by the Company in connection with a refund to the extent that the necessity for such refund is caused by the Company’s negligence or willful misconduct.

 

8. Badges

• Badges for Events.  Attendees will be issued physical or electronic badges (which may be issued, accessed and/or used through the Website or App) that will identify the Attendee using an identification code provided for such Attendee issued by the Organizer or the Company (as applicable).  The Organizer will be responsible for printing and providing badges to Attendees unless the Organizer has otherwise contracted with the Company to do so.  Attendee’s badges may be scanned by Organizers and/or Exhibitors when Attendees attend an Event.  Information regarding the Attendee, which may include the Attendee’s name or personal information and other information provided by the Attendee to the Company through the Services will be disclosed and transferred to such Organizer or Exhibitor (as applicable).  Organizers have the ability to export all such information to themselves. If you are an Attendee, you consent to the disclosure and transfer of such information to the Organizer or Exhibitor (as applicable).

 

WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS RELATING TO THE PRINTING OF BADGES, OR YOUR USE OF ANY BADGES.

• Badge Printing Kits.  Organizers may purchase shells for badge printing and may rent printing equipment from the Company through the Services.  Order forms for purchasing badge shells are available at https://www.expopass.com/equipment-rental.  All purchases of badge shells are subject to the Terms and Conditions for the Sale of Goods, available at https://www.expopass.com/terms-of-sale.  Order forms for renting badge printing kits and equipment are available at https://www.expopass.com/equipment-rental.  All rentals of badge printing kits and equipment are subject to the Equipment Rental Agreement, available at https://www.expopass.com/equipment-rental.
• Printing of Badges Through Avery.  The Company has an arrangement with Avery pursuant to which Organizers may link to Avery’s web application available atavery.comto print badges for Events using Avery’s web application.  Your use of Avery’s web application will be subject to Avery’s Terms & Conditions, Privacy Policy, Pricing Policy and other terms and conditions available at www.avery.com/avery/en_us/Legal (or a successor webpage) and such other terms and conditions as may otherwise be applicable to Avery’s web application or its services or products.  All pricing and costs of pricing using Avery’s web application will be as set forth on Avery’s web application, in its pricing policy available at www.avery.com/avery/en_us/Legal (or successor webpage) or in such other terms and conditions as may otherwise be applicable to Avery’s web application, or its services, products, or pricing.  All information regarding the Organizer, the Event, Attendees or otherwise transferred to Avery in connection with its printing services will be governed by Avery’s Privacy Policy available at www.avery.com/avery/en_us/Legal (or a successor webpage) or such other terms and conditions or policies that may apply with respect to Avery’s web application, services or use of such information.

You consent to our transfer of your information (including personal information) to Avery FOR THE PURPOSES SET FORTH in this section 8.

WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS RELATING TO THE PRINTING OF BADGES, OR YOUR USE OF ANY BADGES.

 

 

9. Representations and Warranties of Organizer Regarding Event, Venue, Exhibitor and Attendee Information

 

If you are an Organizer, you represent and warrant to Expo that:

• You have the full power, capacity and authority to enter into this Agreement and perform your obligations under this Agreement,
• these Terms of Use, together with any Services Agreement into which you have entered with Expo, constitute valid and legally binding obligations of the Organizer, enforceable against the Organizer in accordance with their terms,
• Organizer will use the Website, the App and the Services only for lawful purposes,
• Organizer’s trade name, logo, trademarks and/or service marks and other intellectual property and information posted or provided by Organizer will not infringe the rights of any third party,
• You, as Organizer, are authorized to disclose and transfer the names, trademarks, logos and other intellectual property relating the Event and information relating to the Event, the venue at which the Event is or will be held, and information of or relating to the potential and actual Exhibitors and Attendees that you disclose and transfer to the Company and that the Company is authorized to use all such names, information and intellectual property in connection with the services and products provided by the Company, including the Services, and
• you have obtained all required consents from the Exhibitors, Attendees and other owners of such information and intellectual property for the Company to use such information and intellectual property.

 

 

10. Intellectual Property Rights

The Services, including contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services only for your proper and legitimate business purposes.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser or mobile device for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website or App for your internal business use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download including the Website and the App, you may download a single copy to your computer or mobile device solely for your proper and legitimate business use; providedthat your downloading installation and use of the App shall at all times be subject to and in compliance with our Mobile Application End User License Agreement.
• You may use the Services in connection with an Event and/or to promote our services and products.

 

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: support@expopass.com

If you print, copy, modify, download or otherwise use or provide any other Person:

• with access to any part of the Services in breach of the Terms of Use; or
• with access to any information, visual or audio content which is not owned properly licensed by you but was obtained by you from or using the Services; then, in either case,

your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted to you are reserved by the Company.  Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

By posting or submitting any content or User Contributions, you grant Expo permission to:

• Stream the content or User Contributions to end users;
• Embed the content or User Contributions on third-party websites;
• Distribute the content or User Contributions via our APIs;
• Make the content or User Contributions available for download;
• Transcode the content or User Contributions (create compressed versions of your video file that are optimized for streaming); and
• Generate stills (i.e., “thumbnails”) from your content or User Contributions to represent it (if you have not selected one).

 

 

11. Trademarks

• General Restrictions.  The names “Expo, Inc.”, “Expo” and “Expo Pass”, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company, except as permitted by these Terms of Use.  All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
• Use of the Organizers’ Marks by the Company; Use of the Company’s Marks by Organizers.  If you are an Organizer:
• License or Use of Marks for Events. During the period commencing on the date you register as an Organizer of an Event and ending 60 days after the conclusion of such Event each Party grants a license to the other party as follows:
• Organizer’s Grant of Limited License to Expo: You, in your capacity as an Organizer, grant the Company, a limited, world-wide, non-exclusive, non-transferable, royalty-free right and license to use, display and publish your trade name, logo, trademarks and/or service marks (collectively, the “Marks”) on the Company’s Website, Apps and other media of the Company, solely for the purposes of informing potential and actual Exhibitors and Attendees of your identity and to utilize, sell, and promote the Company’s services and products (including the Services) in accordance with these Terms of Use.

• Expo’s Grant of Limited License to Organizer: The Company grants you, in your capacity as an Organizer, a limited, world-wide, non-exclusive, non-transferable, royalty-free right and license to use, display and publish the Company’s Marks, on your website or mobile applications, and/or your other media, solely for the purposes of informing potential and actual Exhibitors and Attendees of Company’s identity and to promote the Event and the Company’s services and products (including the Services) in accordance with these Terms of Use.
• Perpetual License by Organizer to the Company for Marketing Purposes. In addition, you grant the Company a perpetual, limited, world-wide, non-exclusive, non-transferable, royalty-free right and license to use the Organizer’s Marks to publicly advertise or market Expo’s service and product offerings, including without limitation, identifying you as a customer or former customer (or words of similar import) of the Company, and displaying or publishing the Organizer’s Marks on our media for advertising, marketing or promotional purposes.
• Certain Restrictions and Covenants. Except as expressly authorized by these Terms of Use, neither you nor the Company (as applicable) will make any use of the other party’s (as applicable) Marks.  Each of you and we will comply with the other party’s trademark usage guidelines in using any Mark of the other Party.  Each of you and we agree to state in appropriate places on all materials using the Marks of the other party that the other party’s Marks are trademarks or service marks of such party and to include the symbols TM, SM or ® as appropriate.  Neither party grants any other rights in or to its Marks than those expressly granted hereunder, and the licensee Party expressly acknowledges the exclusive ownership of the licensing Party to the licensing Party’s Marks and the renown of such Marks worldwide. Each Party agrees not take any action inconsistent with such ownership and shall take, upon the reasonable request of the licensing Party and at the licensing Party’s expense, take any action, including without limitation, the conduct of legal proceedings, which the licensing Party deems reasonably necessary to establish and preserve the licensing Party’s exclusive rights in and to its Marks. Without limiting any other restrictions in these Terms of Use, each Party agrees not to adopt, use or attempt to register any trademarks, service marks or trade names that are confusingly similar to the Marks of the other Party or in such a way as to create combination marks with the other Party’s Marks.  Each Party may suspend, in whole or in part, the license to use its Marks if, in the licensing Party’s sole discretion, the use of its Marks does not comply with the licensing Party’s then-current trademark or service mark usage policy.

 

 

12. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (set forth below) set out in these Terms of Use.
• To transmit, or procure or send any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

 

Additionally, you agree that you will not:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services,
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services,
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent,
• Use any device, software or routine that interferes with the proper working of the Services,
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful,
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services,
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack,
• Make any audio, visual or video recording, transcript or photograph of any person or entity unless it is done in compliance with all applicable laws (including all laws requiring consent, all trademark and copyright laws and all rights of publicity and privacy) and you have received the consent of the Event’s Organizer and, if required by applicable law, you have received the consent of the person to be recorded,
• Copy, take a screenshot or make any reproduction, use, transfer or disclosure of any posted material, User Contributions, meeting or Event (whether live, recorded or virtual) unless it is done in compliance with all applicable laws (including all laws requiring consent, all trademark and copyright laws and all rights of publicity and privacy) and you have received the consent of the Event’s Organizer and you have received the consent of owner of such information,
• Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
• Submit any malicious program, script, or code,
• Submit an unreasonable number of requests to our servers,
• Take any other actions to manipulate, interfere with, or damage our Services, or
• Otherwise attempt to interfere with the proper working of the Services.

Restricted Users

You may not create an account if you are a member of a terror or hate group. You may not purchase any goods or services from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.

 

13. User Contribution Requirements

The Website or App may contain message boards, chat rooms, chat or messaging functions, personal web pages or profiles, forums, bulletin boards, live or recorded meetings, audio or visual content, images, recordings, live or virtual Events or Event session materials, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, live stream, upload, publish, display, present or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

We may allow you to filter content or User Contributions based upon their user-defined content rating. We cannot guarantee that content or User Contributions will be appropriately rated by others. You must rate your content and User Contributions appropriately.

You may only post User Contributions which you have the right to post and share.  All User Contributions must comply with the Content Standards set out in these Terms of Use.  Any User Contribution you post to the site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website or App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

 

For each piece of content or User Contribution that you post or otherwise submit to or through the Website or App, you represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns,
• Expo will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
• You have obtained appropriate and legally required releases (if necessary) from all persons and entities who appear in the content;
• The content does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights;
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness; and
• All of your posted content and User Contributions do and will comply with these Terms of Use and all applicable laws.

We are not responsible, or liable to you or any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or App.

 

14. Monitoring and Enforcement; Termination

We may allow you to post User Contributions. You must ensure that your User Contributions, and your conduct, does not involve the Prohibited Uses described in Section 12, and complies with the User Contribution Requirements in Section 13 and the Content Standards set forth in Section 15. Expo may take all appropriate actions to enforce its rights including removing specific User Contributions or suspending or removing your account.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
• Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

YOU IRREVOCABLY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Expo may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. However, we do not undertake to review material or User Contributions before or after they are posted on or become available via the Website or App.  Consequently, we cannot ensure prompt removal of objectionable material or User Contributions after they have been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

 

15. Content Standards

These content standards apply to any and all User Contributions and use of Services.  User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations and must not violate the legal rights of any other person or entity.  Without limiting the foregoing, User Contributions must not and you are prohibited from posting any content or User Contribution that:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, cruel, hateful, inflammatory or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
• Promotes or supports terror or hate groups;
• Exploits minors;
• Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
• Violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://www.expopass.com/privacy-policy;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote or assist any unlawful act;
• Cause annoyance, inconvenience or needless anxiety or be likely to upset; embarrass, alarm or annoy any other person;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, except as explicitly permitted by the Terms of Use;
• Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
• Makes false or misleading claims about health, medical or vaccination safety;
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
• Depicts unlawful acts;
• Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
• Depicts animal cruelty or extreme violence towards animals;
• Claims that mass tragedies are hoaxes or false flag operations;
• Depicts or encourages self-harm; or
• Violates any applicable law.

 

 

16. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy https://www.expopass.com/copyright-policy for instructions on sending us a notice of copyright infringement.  It is the policy of the Company to terminate the user accounts of repeat infringers.

 

 

17. Publicity (Organizers Only)

If you are an Organizer, you agree, in your capacity as an Organizer to participate in activities as requested by Expo including but not limited to: providing quotes, participating in a case study, press release, and/or testimonial advertisement describing your experiences as an Organizer with the use of Expo Pass (collectively “Publicity“), provided that Expo will obtain your approval of the Publicity content prior to the first public release of the Publicity. You, as an Organizer, grant to Expo a limited, world-wide, non-exclusive, non-transferable, royalty-free right and license to publish, use, reference and display the final, approved Publicity, in whole or through unedited excerpts, in all forms of media and for any purpose including publicity, advertising, and marketing in all forms of media, in Expo’s sole discretion.

 

 

18. No Reliance on Posted Information

The information presented on or through the Website or App is made available solely for general information purposes.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE OR APP, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

The Website and App may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of the Company.

We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or user contributions posted or provided by any user or third party.

 

19. Changes to the Website or App

We may update the content on the Website or App from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Website or App may be out of date at any given time, and we are under no obligation to update such material.

 

20. Information About You and Your Visits to the Website or App

All information we receive or collect on or through the Website or App is subject to our Privacy Policy https://www.expopass.com/privacy-policy.  By using the Website or App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

 

21. Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, except as explicitly permitted under these Terms of Use.

The Website or App may provide certain social media features that enable you to:

• Organize, participate in, live stream, host, present or attend virtual meetings or Events remotely.
• Link from your own or certain third-party websites to certain content on the Website or App.
• Send e-mails or other communications with certain content, or links to certain content, on the Website or App.
• Cause limited portions of content on the Website or App to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with these Terms of Use any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Give any person access to any virtual meeting or Event (whether by sharing or sending a link, identification code, number or password) unless you are the Organizer of that virtual meeting or Event.
• Cause the Website or App or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
• Link to any part of the Services other than the homepage of the Website or the sub-webpage of the Website applicable to an Event with respect to which you are an Organizer, Exhibitor or Attendee.
• Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must not violate the Prohibited Uses described in Section 12, and complies with the User Contribution Requirements in Section 13 and the Content Standards set forth in Section 15 of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

 

22. Links from the Website and App

If the Website or App contain links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE OR APP, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES.

 

23. Geographic Restrictions

The owner of the Website and App is based in the State of Illinois in the United States.  We provide the Website and App for use only by persons and entities located in the United States.  We make no claims that the Website and App or any of its content is accessible or appropriate outside of the United States.  Access to the Website and App may not be legal by certain persons or in certain countries.  If you access the Website and App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

24. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE SERVICES, AND YOUR USE OF THE SERVICES (INCLUDING THE WEBSITE AND THE APP), THEIR CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK.  THE SERVICES, THEIR CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 

You must provide your own device and internet access.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, CONTENT OF THE WEBSITE OR APP, AND ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

25. Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THESE TERMS OF USE, ANY SERVICE AGREEMENT OR MERCHANT AGREEMENT BETWEEN THE COMPANY AND YOU, YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED THERETO, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WHICH, TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, WILL BE LIMITED TO AMOUNTS PAID BY YOU TO EXPO OVER THE TWELVE (12) MONTHS PRECEDING THE TIME YOUR CLAIM(S) FIRST ACCRUED OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.

 

26. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS OF USE, ANY SERVICE AGREEMENT OR MERCHANT AGREEMENT BETWEEN THE COMPANY AND YOU MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

27. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to:

• your violation of these Terms of Use or any policy or document referenced herein, including any document referenced herein (including the Mobile Application End User License Agreement, Privacy Policy and any Service Agreement or Merchant Agreement between the Company and you), or
• your use of the Services, including the Website, the App, your User Contributions, any use of the Services’ content, services and products other than as expressly authorized in these Terms of Use, including the Mobile Application End User License Agreement, Privacy Policy or any Service Agreement or Merchant Agreement between the Company or you, or your use of any information obtained from the Services.

 

28. Release

The Company provides a platform in which Organizers, Exhibitors and Attendees can transact. However, the Company could not function if it were held responsible for the actions or inactions of different Organizers, Exhibitors, Attendees and/or third parties both on and off the Services. THEREFORE, AS AN INDUCEMENT TO THE COMPANY PERMITTING YOU TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO IRREVOCABLY RELEASE THE COMPANY, AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER USERS) IN CONNECTION WITH THE SERVICES OR ANY EVENT LISTED ON THE SERVICES.

IN ADDITION, TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, YOU IRREVOCABLY WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”

 

29. Governing Law

All matters relating to the Services, these Terms of Use, including any policy or document referenced herein, including the Mobile Application End User License Agreement, the Privacy Policy, any Service Agreement or Merchant Agreement between the Company and you, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

 

30. Dispute Resolution.

PLEASE READ THIS SECTION 30 (“ARBITRATION AGREEMENT”) CAREFULLY. IT IS PART OF YOUR CONTRACT WITH THE COMPANY AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

• Applicability of Arbitration Agreement.  You and we agree that any dispute between you and Expo or any of its affiliates relating in any way to, or arising from in connection with (a) your access or use of the Services (including the Website or the App), (b) this Agreement, including these Terms of Use, the Privacy Policy, any Mobile Application End User License Agreement and you, or any Service Agreement between Expo and you, (c) any communication you receive relating to Expo, or (d) to any aspect of your relationship with Expo, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Expo may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms of Use (i.e., the date upon which you agreed to these Terms of Use) or any prior version of this Agreement (including these Terms of Use).
• IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST THE COMPANY ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY PARTIES IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THESE TERMS OF USE, INCLUDING THIS ARBITRATION AGREEMENT.
• Arbitration Rules and Forum.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Corporate Secretary at Expo Pass, LLC, 20 N Upper Wacker Dr. Ste. 1200 Chicago, IL 60606. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available athttp://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The proceedings shall be held in Chicago, Illinois.

You may choose to have the arbitration conducted by telephone, based on written submissions. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

• Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Expo. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
• Waiver of Jury Trial. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Expo are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 30(a). An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
• Waiver of Class and Consolidated Actions. ALL CLAIMS AND DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. THIS WAIVER APPLIES TO CLAIMS IN COURTS AND ARBITRATIONS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS AGREEMENT, AND CLAIMS OF ONE CLIENT, ADMINISTRATOR, HOST ATTENDEE OR OTHER USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CLIENT, ADMINISTRATOR, HOST ATTENDEE OR OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any limitations in this Section 30(f) as to a particular claim for relief, then the applicable claim must be severed from the arbitration and brought on an individual basis in the state or federal courts in Chicago, Illinois. All other claims shall be arbitrated. The parties agree to submit to the personal jurisdiction of the state or federal courts located in Chicago, Illinois, for purposes of resolving any claims for relief that are severed from an arbitration in accordance with this subsection and waive any argument that holding proceedings in such courts will impose undue hardship or materially affect their ability to present their case.
• 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Expo Pass, LLC, 20 N Upper Wacker Dr. Ste. 1200, Chicago, IL 60606, Attn: Corporate Secretary, or email [EMAIL ADDRESS], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
• Severability. Except as provided in Section 30(f), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
• Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with Expo.
• Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Expo makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which you had already provided notice to Expo.

 

31. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use (or any policy document referenced herein) shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use (or any policy or document referenced herein) shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use, any Service Agreement between you and the Company, or any policy or document referenced herein is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use (or such policy or document referenced herein) will continue in full force and effect.

 

32. Construction

For purposes of these Terms of Use, (i) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to these Terms of Use as a whole. Unless the context otherwise requires, references herein: (y) to sections refer to the clauses of these Terms of Use; and (z) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof.  Wherever in these Terms of Use the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. These Terms of Use (and any policy or document referenced herein) shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.   The headings in these Terms of Use are for reference only and do not affect the interpretation of this Agreement.

 

33. Survival

This Section 33 (Survival) and Sections 1 (Acceptance of the Terms of Use), 6 (Payments & Processing), 7 (Disputes, Chargebacks and Refunds), 9 (Representations and Warranties of Organizer Regarding Event, Venue, Exhibitor, and Attendee Information), 10 (Intellectual Property Rights), 11 (Trademarks), 17 (Publicity), 24 (Disclaimer of Warranties), 25 (Limitation of Liability), 26 (Limitation of Time to File Claims), 27 (Indemnification), 28 (Release), 29 (Governing Law), and 30 (Dispute Resolution), shall survive the termination, expiration or cessation of your use or access of or to the Services, the Website, the App or any other services or goods relating thereto (including, without limitation, badge shells, printers or rental equipment),  or any Service Agreement, Renewal Agreement, Equipment Rental Agreement, Merchant Agreement, Mobile Application End User License Agreement, or other agreement relating to the Services, the Website, the App, or other services or goods relating thereto.

 

34. Entire Agreement

The Terms of Use, our Privacy Policy, our Cookie Policy, our Copyright Policy, our Mobile Application End User License Agreement, the Terms of Sale of Goods, and any  and any Service Agreement, Merchant Agreement or Equipment Rental Agreement between the Company and you (all of which are incorporated here by reference), constitute the sole and entire agreement between the Company and you with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services, and may only be changed in accordance with Section 2 (Changes to Terms of Use); provided, however, that in the event of a conflict between a provision of these Terms of Use and the Service Agreement, and (a) a provision these Terms of Use and a provision of the Merchant Agreement, (b) a provision in the Terms of Sale of Goods, or (d) a provision in the Equipment Rental Agreement, the provision of such Service Agreement, Merchant Agreement, Terms of Sale of Goods or Equipment Rental Agreement (as applicable) will prevail.

 

 

35. Your Comments and Concerns; Expo Contact Information

This website is operated by Expo Pass, LLC, 20 N Upper Wacker Dr. Ste., 1200 Chicago, IL 60606.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy https://www.expopass.com/copyright-policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@expopass.com.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback“). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

 

36. Reorganization; Transfer of Agreements and Policies; Restatement and Application of Terms of Use and Policies

(a)    Reorganization. On March 1, 2023, Expo, Inc., the 100% owner of Expo Pass, LLC, underwent an internal reorganization pursuant to which Expo, Inc. transferred and assigned to Expo Pass, LLC, and Expo Pass, LLC assumed, the Services, the Website, the App, and Expo, Inc.’s business relating thereto, and Expo Pass, LLC now operates the Services, the Website, and the App, and the business relating thereto, as assignee and successor-in-interest to Expo, Inc.

(b)    Transfer of Agreements and Policies.  In connection with this reorganization, on March 1, 2023, Expo, Inc. transferred and assigned to, and Expo Pass, LLC assumed, all Service Agreements, Renewal Agreements, Equipment Rental Agreements, Merchant Agreements, Mobile Application End User License Agreements, and all other agreements relating to the Services, the Website, the App, or other services or goods relating thereto, with Expo, Inc.’s Organizers, Exhibitors, Attendees and users and parties, and all of Expo, Inc.’s rights and obligations under Expo, Inc.’s (i) Terms of Use (available prior to March 1, 2023 at https://www.expopass.com/terms-of-use/) (the “Prior Terms of Use”), (ii) Privacy Policy (available prior to March 1, 2023 at https://www.expopass.com/privacy-policy) (the “Prior Privacy Policy”), (iii) Cookie Policy (available prior to March 1, 2023 at https://www.expopass.com/cookie-policy/) (the “Prior Cookie Policy”), (iv) Copyright Policy (available prior to March 1, 2023 at https://www.expopass.com/copyright-policy/) (the “Prior Copyright Policy”); and (v) Terms of Sale of Goods (available prior to March 1, 2023 at https://www.expopass.com/terms-of-sale) (the “Prior Terms of Sale of Goods”).

(c)    Restatement Terms of Use and Policies.  In connection with this reorganization, and these transfers, assignments, and assumptions, (i) the Prior Terms of Use are amended and restated in their entirety by these Terms of Use; (ii) the Prior Privacy Policy is amended and restated in its entirety by Expo Pass, LLC’s Privacy Policy (currently available at https://www.expopass.com/privacy-policy); (iii) the Prior Cookie Policy is amended and restated in its entirety by Expo Pass, LLC’s Cookie Policy (currently available at https://www.expopass.com/cookie-policy/); (iv) the Prior Copyright Policy is amended and restated in its entirety by Expo Pass, LLC’s Copyright Policy (currently available at https://www.expopass.com/copyright-policy/); and (v) the Prior Terms of Sale of Goods is hereby amended and restated in its entirety by Expo Pass, LLC’s Terms of Sale of Goods  (currently available at https://www.expopass.com/terms-of-sale).

(d)    Agreements Entered Into Prior to March 1, 2023.  If you entered into a Service Agreement, Renewal Agreement, Equipment Rental Agreement, Merchant Agreement, Mobile Application End User License Agreement, or other agreement relating to the Services, the Website, the App, or other services or goods relating thereto, with Expo, Inc. prior to March 1, 2023, then:

(i)        Expo Pass, LLC is now party to that agreement as Expo, Inc.’s assignee and successor-in-interest (and Expo, Inc. is no longer a party to that agreement); and

(ii)      your agreement, the Services, and your access, use, leasing or purchase (as applicable) of the Services, Website, the App, or other services or goods (including badge shells, printers or other rental equipment) relating thereto, are subject to these Terms of Use (currently available at https://www.expopass.com/terms-of-use/), and the Expo Pass, LLC Privacy Policy (currently available at https://www.expopass.com/privacy-policy), Cookie Policy (currently available at https://www.expopass.com/cookie-policy/); Copyright Policy (currently available at https://www.expopass.com/copyright-policy) (as applicable); and Terms of Sale of Goods (currently available at https://www.expopass.com/terms-of-sale.)

(e)    Agreements Entered Into On or After March 1, 2023.

(i)        Due to certain logistical and timing issues relating to the reorganization, some Service Agreements, Renewal Agreements, Equipment Rental Agreements, Merchant Agreements, Mobile Application End User License Agreements, or other agreements relating to the Services, the Website, the App, or other services or goods relating thereto, were entered into on or after March 1, 2023 read to be between “Expo, Inc.” and the applicable Organizer, Exhibitor, Attendee, user or other party.  All such agreements will be transferred and assigned to Expo Pass, LLC, as Expo, Inc.’s assignee and successor-in-interest.

(ii)      If you entered into a Service Agreement, Renewal Agreement, Equipment Rental Agreement, Merchant Agreement, Mobile Application End User License Agreement, or other agreement relating to the Services, the Website, the App, or other services or goods relating thereto, with Expo, Inc. on or after March 1, 2023, then:

(A)         your agreement, the Services, and your access, use, leasing or purchase (as applicable) of the Services, Website, the App, or other services or goods (including badge shells, printers or other rental equipment) relating thereto, shall be subject to these Terms of Use (available at https://www.expopass.com/terms-of-use/), and the current Privacy Policy (currently available at https://www.expopass.com/privacy-policy), Cookie Policy (currently available at https://www.expopass.com/cookie-policy/), Copyright Policy (currently available at https://www.expopass.com/copyright-policy), Terms of Sale of Goods (currently available at https://www.expopass.com/terms-of-sale ) (as applicable).

(B)         until your agreement is transferred and assigned to Expo Pass, LLC, the terms “Company”, “Expo”, “us,” “we” or “our”, as used in that agreement, or these Terms of Use, and the Privacy Policy (currently available at https://www.expopass.com/privacy-policy), Cookie Policy (currently available at https://www.expopass.com/cookie-policy/ ), the  Copyright Policy (currently available at https://www.expopass.com/copyright-policy), and Terms of Sale of Goods (currently available at https://www.expopass.com/terms-of-sale) (as applicable), shall be deemed to mean “Expo, Inc.” mutatis mutandis; and

(C)         after your agreement is transferred to Expo Pass, LLC, the terms  “Company”, “Expo”, “us,” “we” or “our”, as used in that agreement, these Terms of Use, and the Privacy Policy (currently available at https://www.expopass.com/privacy-policy), Cookie Policy (currently available at https://www.expopass.com/cookie-policy/), Copyright Policy (currently available at https://www.expopass.com/copyright-policy), or Terms of Goods (currently available at https://www.expopass.com/terms-of-sale ) (as applicable) shall be deemed to mean “Expo Pass, LLC, as assignee and successor-in-interest to Expo, Inc.” mutatis mutandis.

 

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