Terms of Use - Expo Pass

TERMS OF USE

LAST UPDATED: September 15, 2016

Introduction.  Expo, Inc. (the “Company”, “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 http://expopass.io (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 29 (DISPUTE RESOLUTION), BELOW.

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.  If you are party to a Service Agreement between the Company (a “Service Agreement”) or a Merchant Agreement between the Company and you (a “Merchant Agreement”), these Terms of Use also govern such Service Agreement and/or Merchant Agreement, and the term “Services” shall include such Service Agreement and/or Merchant Agreement and any services and products provided by the Company under such Service Agreement and/or 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 http://expopass.io/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 http://expopass.io/end-user-license-agreement.  If you do not want to agree with the Mobile Application End User License Agreement, 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 13 years of age or older and reside in the United States and any of its territories or possessions.  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, (i) your use of the Services binds such entity or organization to these Terms of Use, (ii) 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 (iii) 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 are aware of these Terms of Use and comply with them.

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 interactive features on the Website or the App, is governed by our Privacy Policy http://expopass.io/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password 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 user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name 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 user name, 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

(a)     Becoming a UserYou become a user of the Services (“user”) by accessing, downloading, viewing, using or registering with the Website or the App.

(b)     Becoming an Organizer.  A user may create an event, which may include a convention, conference or other event (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.

(c)     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”).

(d)     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

(a)     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.

(b)     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.

(c)     Lead Retrieval Services.

(i)       Lead Retrieval Price Payable by Exhibitors.  The price payable by Exhibitors for an Event will be as set forth on the Website or App.

(ii)     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.

(d)     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.

(e)     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.

(f)      Third-Party Payment Processor Fee.  Credit card payments will be processed by a third-party payment processor, which is currently Stripe.  Stripe assesses a processing fee, which is included in 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.  Information regarding Stripe’s payment processing services is available at https://stripe.com.  For further information regarding our third-party payment processer, see Section 6 (Payments and Payment Processing), below.

(g)     Taxes.  Prices 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.

(h)     Badge Printing Services Available Through Avery.  The Company has an arrangement with Avery whereby Organizers may link to Avery’s web application available at www.avery.com to 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.

6. Payments and Payment Processing

Terms of payment are within our sole discretion as set forth on the Services.  All payments must be made by Organizers, Exhibitors and Attendees by credit card at the time the Company’s products and services are purchased.  We accept Visa, MasterCard, Discover, American Express, Diners’ Club, and JCB for all purchases.

All payments are facilitated through a third-party payment processing service.  Our current third party payment processor is Stripe.  Information regarding Stripe’s payment services are available at https://stripe.com.  The Company may, in its sole disrection, change its third-party payment processor at any time.

Stripe assesses a processing fee, which will be included in our listed pricing for our services and products. Information collected by or transferred to Stripe is governed by Stripe’s Privacy Policy available at https://stripe.com/us/privacy.

If you are an Organizer, payments will be remitted to you through a Stripe Connect Managed 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 through the Website or the App for services or products that will use a Stripe Connect Managed 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 the Services enabling the Connect Managed Account payment processing services through Stripe, you agree to provide the Services accurate and complete information about you and your business, and you authorize the Company and the Services to share it and transaction information related to your use of the payment processing services provided by Stripe.  If payments are to be received by your though a Stripe Connect Managed 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.

7. Disputes, Chargebacks and Refunds. Occasionally, a user may dispute a credit card charge in connection with a payment made through the Services.

(a)     Organizers and Exhibitors.  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.

(b)     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.

8. Badges

(a)     Badges for Events.  Attendees will be issued physical or electronic badges (which may be issued, accessed and/or used through the 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 will 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).  If you are an Attendee, you consent to the disclosure and transfer of such information to the Organizer or Exhibitor.  WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS RELATING TO THE PRINTING OF BADGES, OR YOUR USE OF ANY BADGES.

(b)     Printing of Badges Through Avery.  The Company has an arrangement with Avery pursuant to which Organizers may link to Avery’s web application available at www.avery.com to 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.  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 and Exhibitor Information

If you are an Organizer, you represent and warrant that (a) you 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 potential and actual Exhibitors and Attendees that you disclose and transfer to the Company and that the Company is authorized to use names and information in connection with the services and products provided by the Company, including the Services, and (b) you have obtained all required consents from the owners of such intellectual property for the Company to use such 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; provided that 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.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.
  • 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.io.

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, 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 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.

11. Trademarks

(a)     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.

(b)     Use of the Organizers’ Marks by the Company; User of the Company’s Marks by Organizers.  If you are an Organizer:

(i)       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, you, in your capacity as an Organizer, and the Company, as applicable (the “Licensor”), grants the other party, as applicable (the “Licensee”), a limited, world-wide, non-exclusive, non-transferable, royalty-free right and license to use and display the Licensor’s trade name, logo, trademarks and/or service marks provided by Licensor to Licensee (collectively, “Marks”), including without limitation, displaying or publishing the Licensor’s Marks on the Company’s Website, the Company’s App, or your website or mobile applications, and/or your other media of the Company (the “Media”) solely for the purposes of informing potential and actual Exhibitors and Attendees of Licensor’s identity and to utilize, sell, and promote the Company’s services and products (including the Services) in accordance with these Terms of Use.

(ii)     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 Organizer’s Marks to publically advertise or market Expo’s service and product offerings, including without limitation, identifying you as a customer (or words of similar import) of the Company, and displaying or publishing your Marks on our media for advertising, marketing or promotional purposes.

(iii)    Certain Restrictions and Covenants.  Except as expressly authorized by this 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 other party to its 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 other party and at the other 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 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 its 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 not to:

  • 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.
  • Otherwise attempt to interfere with the proper working of the Services.

13. User Contributions

The Website or App may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, Event or Event session materials, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

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.

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.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to 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 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 WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/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/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has 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 Interactive Services.  User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, 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.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate 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 http://expopass.io/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.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

16. Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy http://expopass.io/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. Reliance on Information Posted

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 provided by any third parties.

18. 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.

19. Information About You and Your Visits to the Website

All information we collect on the Website or App is subject to our Privacy Policy http://expopass.io/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.

20. 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:

  • 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 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.
  • 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 comply in all respects with the Content Standards set out in 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.

21. Links from the Website and App

If the Website and 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.

22. 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 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.

23.    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.  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.

24. Limitation on 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.

25. 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.

26. 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 and any Service Agreement or Merchant Agreement between the Company and you), and 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, or any Service Agreement or Merchant Agreement between the Company or you, or your use of any information obtained from the Services.

27. 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 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, YOU 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.”

28. 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, 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).

29. Dispute Resolution

(a)     Arbitration.  Any dispute, controversy or claim arising out of, relating to, or in connection with the Services or these Terms of Use, including any policy document referenced herein, including the Privacy Policy, Mobile Application End User’s License Agreement, and any Services Agreement or Merchant Agreement between the Company and you, shall be finally resolved by binding arbitration.  This agreement to arbitrate applies to, but is not limited to, all disputes arising out of or in connection with the Services, the construction or application of the Terms of Use (or any policy or document referenced herein), all claims arising under federal, state, or local statutory or common law, including: claims of breach of covenants, breach of contract or breach of the covenant of good faith and fair dealing, tort claims, and any other claims of illegality or breach of any right which a party might hold with respect to the other whether arising out of or in connection with the Services, these Terms and Use (including any policy or document referenced herein) or otherwise.  The arbitration shall be governed in accordance with the laws of the State of Illinois.  The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures.  The arbitration shall take place in Chicago, Illinois, before a single neutral JAMS arbitrator.  After the appointment of the arbitrator, the parties shall have the right to take depositions and to obtain discovery by other means regarding the subject matter of the arbitration as if the matter were pending in the United States District Court for the Northern District of Illinois, although the arbitrator may, for good cause shown, limit the nature and extent of such discovery and establish or modify the schedule relating to any discovery requests or applications relating thereto.  The arbitrator must follow applicable law.  The award of the arbitrator shall be conclusive and binding.  Judgment on the award may be entered in any court having jurisdiction (which court need not be located in Chicago, Illinois).  The parties shall maintain the confidential nature of the arbitration proceeding and the arbitrator’s award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.  All fees and expenses of the arbitrators and all other expenses of the arbitration shall be borne by the parties equally (i.e., 50% for each party).  The parties are responsible for their own attorney’s fees in connection with the arbitration.  THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS, INCLUDING THIS AGREEMENT TO ARBITRATE, DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING.  THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.  The arbitral tribunal shall have the power to determine the validity or enforceability of this agreement to arbitrate solely on an individual basis.  In the event the prohibition on class arbitration is deemed invalid or unenforceable by a court, then the remaining portions of the arbitration agreement will remain in force.  The right to rule on any challenge to the arbitral tribunal’s jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate is reserved to the courts.

(b)     Small Claims Court.  Notwithstanding anything in Section 29(a), above, to the contrary, you may elect to pursue your claim in small claims court of any state, province or jurisdiction of having competent jurisdiction (which court need not be located in Chicago, Illinois), rather than arbitration if you provide us with written notice of your intention to do so; provided that the small claims court proceeding will be limited solely to your individual dispute or controversy.  However, if such claim is transferred, removed or appealed to a different court, we may then choose to arbitrate, and you must submit the dispute or controversy to arbitration in accordance with Section 29(a), above.

(c)     Venue.  Subject to Section 29(a) and Section 29(b), above, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago, Illinois (and the courts competent to determine appeals from those courts).  YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.

30. 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 (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.

31. 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.

32. Entire Agreement

The Terms of Use, our Privacy Policy, our Copyright Policy, our Mobile Application End User License Agreement, and any Service Agreement or Merchant Agreement between the Company and you 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; provided, however, that in the event of a conflict between (a) a provision of these Terms of Use and the Service Agreement or (b) a provision these Terms of Use and a provision of the Merchant Agreement, the provision of such Service Agreement or Merchant Agreement (as applicable) will prevail.

33. Your Comments and Concerns

This website is operated by Expo, Inc., 800 West Huron Street, 1E, Chicago, IL 60642.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy http://expopass.io/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.io.