End User License Agreement

Mobile Application and Website End User License Agreement

LAST UPDATED: September 2024

THIS MOBILE APPLICATION END USER LICENSE AGREEMENT (“Agreement”) is a binding agreement between you (“End User”, “you” or “your”) and Expo Pass, LLC (“Company”). This Agreement governs your use of our Expo Pass mobile application or any mobile application owned by Company and used by you (collectively, the “App”). The App is licensed, not sold, to you.

License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to:
1. download, install and use the App for your business purposes on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with this Agreement and the Terms of Use; and
2. access, stream, download and use on such Mobile Device the Content and Services (as defined in Section 8) made available in or otherwise accessible through the App, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 8.
License Restrictions. Licensee shall not:
1. copy the App, except as expressly permitted by this license;
2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
3. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof;
5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App or any features or functionality of the App, to any third-party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App.
Prohibited Uses of the Website or App.
1. You may use the Services only for lawful purposes and in accordance with this Agreement and the Terms of Use. You agree not to use the Services:
  1. 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).
  2. 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.
  3. 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 this Agreement and the Terms of Use.
  4. To transmit, or procure or send any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  5. To impersonate or attempt to impersonate Expo, an Expo employee or other Representative (defined below) of Expo, another user, or any other Person (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  6. 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 Expo or users of the Services or expose them to liability.
2. Additionally, you agree that you will not:
  1. 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,
  2. 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,
  3. 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,
  4. Use any device, software or routine that interferes with the proper working of the Services,
  5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material, which is malicious or technologically harmful,
  6. 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,
  7. Attack the Services via a denial-of-service attack or a distributed denial of service attack,
  8. Make any audio, visual or video recording, transcript, or photograph of any Person 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,
  9. 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,
  10. 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;
  11. Submit any malicious program, script, or code,
  12. Submit an unreasonable number of requests to our servers,
  13. Take any other actions to manipulate, interfere with, or damage our Services, or
  14. 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 services or goods 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.
Reservation of Rights. You acknowledge and agree that the App is provided under a license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this App is subject to our Privacy Policy https://www.expopass.com/privacy-policy/. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Changes and Revisions to this Agreement. We may revise, update, amend, supplement and/or restate this Agreement 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 App or Services. Your continued use of the App or Services following the posting of the revised Agreement 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.
Content and Services. The App may provide you with access to Company’s website located at http://expopass.com (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the App may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by this Agreement and our Terms of Use available at https://www.expopass.com/terms-of-use/ and our Privacy Policy available at https://www.expopass.com/privacy-policy/, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of this Agreement, the Terms of Use, and Privacy Policy and/or to register with the Website and your failure to do so may restrict you from accessing or using certain of the App’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
End User Contribution Requirements.
1. 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.
2. 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.
3. You must rate your content and User Contributions appropriately.
4. 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 this Agreement. Any User Contribution you post to the Website or the App 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.
5. 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:
  1. You own or control all rights in and to the User Contributions and have the right to grant the license permissions, and authorizations granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns,
  2. Expo will not need to obtain any licenses, permissions, consents, or authorizations from any third party or pay royalties to any third-party with respect to the streaming or other permitted distribution of the content;
  3. You have obtained appropriate or legally permissions, consents, and authorizations required releases from all Persons who appear in the content;
  4. The content does not, and will not, infringe any third-party’s rights, including intellectual property rights, rights of publicity, moral rights, or privacy rights;
  5. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Expo, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness; and
  6. All of your posted content and User Contributions do and will comply with this Agreement and all applicable laws.
Content Accuracy. 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.
Monitoring and Enforcement; Termination. .
1. 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 3, and complies with the User Contribution Requirements in Section 9 and the Content Standards set forth in Section 12. Expo may take all appropriate actions to enforce its rights including removing specific User Contributions or suspending or removing your account.
2. We have the right to:
  1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  2. 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 this Agreement or the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any Person, threatens the personal safety of users of the Services or the public, or could create liability for Expo.
  3. Disclose your identity or other information about you to any claims that material posted by you violates such Person’s rights, including such Person’s intellectual property rights or such Person’s right to privacy.
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  5. Terminate or suspend your access to all or part of the Services for any or no reason, including any breach or violation of this Agreement or the Terms of Use, or any Confirmed Order, Service Agreement, Data Protection Addendum, Equipment Rental Agreement, Badge Printing and Sale of Goods Agreement, Merchant Agreement, Mobile Application End User License Agreement, or other agreement between you and Expo, or our Privacy Policy, Cookies Policy or Copyright Policy, or other policy or document of Expo, without any liability to you for or in connection with such termination.
  6. 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.
3. YOU IRREVOCABLY WAIVE AND HOLD HARMLESS EXPO AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY EXPO 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 EXPO OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
4. 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 by or through 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.
Content Standards.
1. These content standards (“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. Without limiting the foregoing, User Contributions must not and you are prohibited from posting any content or User Contribution that we determine in our sole discretion:
  1. Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, cruel, hateful, inflammatory or otherwise objectionable;
  2. Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  3. Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
  4. Promotes or supports terror or hate groups;
  5. Exploits minors;
  6. Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other Person;
  7. 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 this Agreement, the Terms of Use, or our Privacy Policy available at https://www.expopass.com/privacy policy;
  8. Would be likely to deceive any Person;
  9. Promotes any illegal activity, or advocate, promote or assist any unlawful act;
  10. Could cause annoyance, inconvenience or needless anxiety or be likely to upset; embarrass, alarm or annoy any other Person;
  11. Impersonates any Person, or misrepresent your identity or affiliation with any Person or organization;
  12. Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising, except as explicitly permitted by the Terms of Use;
  13. Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
  14. Makes false or misleading claims about health, medical or vaccination safety;
  15. Gives the impression that they emanate from or are endorsed by us or any other Person, if this is not the case;
  16. Depicts unlawful acts;
  17. Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
  18. Depicts animal cruelty or extreme violence towards animals;
  19. Claims that mass tragedies are hoaxes or false flag operations;
  20. Depicts or encourages self-harm; or
  21. Violates any applicable law.
No Reliance on Posted Information.
1. 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.
2. 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 Expo, are solely the opinions and the responsibility of the Person providing those materials. These materials do not necessarily reflect the opinion of Expo.
3. 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.
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 information or material on the Website or App may be out of date at any given time, and we are under no obligation to update such information or material.
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 available at 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.
Linking to the Services and Social Media Features.
1. 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 I; 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 this Agreement or the Terms of Use.
2. The Website or App may provide certain social media features that enable you to:
  1. Organize, participate in, live stream, host, present or attend virtual meetings or Events remotely.
  2. Link from your own or certain third-party websites to certain content on the Website or App.
  3. Send e-mails or other communications with certain content, or links to certain content, on the Website or App.
  4. 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.
  5. 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 this Agreement or the Terms of Use any additional terms and conditions we provide with respect to such features.
3. Subject to the foregoing, you must not:
  1. Establish a link from any website that is not owned by you.
  2. 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.
  3. 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.
  4. 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.
  5. Otherwise take any action with respect to the information or materials on the Services that is inconsistent with any other provision of this Agreement or the Terms of Use.
4. The website from which you are linking, or on which you make certain content accessible, must not violate the Prohibited Uses described in Section 3, and must comply with the User Contribution Requirements in Section 9 and the Content Standards set forth in Section 12 of this Agreement.
5. You agree to cooperate with us and use your best efforts to cause 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.
You may link to our homepage but must not establish a link in a way that suggests any form of association or endorsement without permission.
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.
Geographic Restrictions. The Content and Services are based in the State of Illinois in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
Updates.
1. Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
  1. The App will automatically download and install all available Updates; or
  2. You may receive notice of or be prompted to download and install available Updates.
2. Prior to using the App, you shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
Third-Party Materials. The App may display, include or make available third-party content (including data, information, Apps and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third-parties’ terms and conditions.
Compliance with Laws; Product Not for Resale or Export. End User agrees to comply with all applicable laws and regulations in connection with its use of the App. You represent, warrant and covenant that you will use the App for your own business use only, and that you will not resell or export the App or any associated Content and Services.
Term and Termination.
1. The term of Agreement commences when you download or install the App or acknowledge your acceptance of this Agreement, whichever occurs first, and will continue in effect until terminated by you or Company as set forth in this Section 22.
2. You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.
3. Company may terminate this Agreement at any time without notice if it ceases to support the App, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
4. Upon termination:
  1. all rights granted to you under this Agreement will also terminate; and
  2. you must cease all use of the App and delete all copies of the App from your Mobile Device and account.
5. Termination will not limit any of Company’s rights or remedies at law or in equity.
DISCLAIMER OF WARRANTIES.
1. THE APP IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
LIMITATION OF LIABILITY.
1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.
2. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU
LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement. Furthermore, you agree that the Company assumes no responsibility for the content you submit or make available through this App.
US Government Rights. The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Equitable Remedies. You acknowledge and agree that your breach of breach or threatened breach of Section 2 (License Restrictions), Section 5 (Reservation of Rights), Section 6 (Collection and Use of Your Information), or Section 21 (Compliance with Laws; App Not For Resale or Export) will cause irreparable harm to the Company for which for which money damages will be inadequate, and that the Company shall be entitled to equitable or injunctive remedies, without waiving any other remedy available in law or equity, in the event of such breach or threatened breach.
Governing Law. This Agreement is 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.
DISPUTE RESOLUTION. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, THE APP, OR THE DOWNLOADING, INSTALLATION, OR USE OF THE APP, SHALL BE FINALLY RESOLVED IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN OUR TERMS OF USE (AVAILABLE AT https://www.expopass.com/terms-of-use/), WHICH INCLUDE AN AGREEMENT TO ARBITRATE CLAIMS ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Equitable Relief Venue. Notwithstanding anything to the contrary in Section 31, above, claims for equitable or injunctive relief, may be brought before any federal, state or provincial court sitting in any state, province or jurisdiction having competent jurisdiction (which court need not be located in Chicago, Illinois)..
Entire Agreement. This Agreement, or the Terms of Use (and any documents incorporated therein), and our Privacy Policy constitute the entire agreement between you and Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Survival. This Section 35 (Survival), and Section 2 (License Restrictions), Section 5 (Reservation of Rights), Section 6 (Collection and Use of Your Information), Section 20 (Third-Party Materials), Section 21 (Compliance with Laws), Section 23 (Declaimer of Warranties), Section 24 (Limitation of Liability), Section 25 (Limitation of Time to File Claims), Section 26 (Indemnification), Section 29 (Equitable Remedies), Section 30 (Governing Law), Section 31 (Dispute Resolution), and Section 32 (Equitable Relief Venue) shall survive the termination of these Terms or the agreement for the sale of product between you and us for any reason.

End User License Agreement

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