Terms of Use

Terms of Use

LAST UPDATED: October 2024

Introduction

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

Expo Pass, LLC (“Expo”, 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, website, web application, mobile applications, and any mobile application owned by Expo and used by you in connection with products and services provided by Expo (collectively, the “App”).

THESE TERMS AND USE (DEFINED BELOW) 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 16 (LIMITATION OF LIABILITY), SECTION 17 (LIMITATION ON TIME TO FILE CLAIMS), AND SECTION 21 (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 21 (DISPUTE RESOLUTION).

EFFECTIVE ON MARCH 1, 2023, EXPO, INC., THE 100% OWNER OF EXPO PASS, LLC, 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, EQUIPMENT, 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, EXPO PASS, LLC, AS ASSIGNEE AND SUCCESSOR-IN-INTEREST THERETO.  SEE SECTION 36 (REORGANIZATION), BELOW.

CONTENTS

  1. Terms of Use
  2. Changes to the Terms of Use
  3. Accessing the Services
  4. Becoming a User, Organizer, Exhibitor or Attendee
  5. Fees and Pricing
  6. Payments & Processing
  7. Credit Card Disputes, Chargebacks and Refunds
  8. Intellectual Property Rights
  9. Trademarks
  10. Copyright Infringement
  11. Publicity (Organizers Only)
  12. Representations and Warranties of Organizer Regarding Event, Venue, Exhibitor and Attendee Information
  13. Disclaimer of Warranties
  14. Confidentiality
  15. Data Protection Addendum
  16. Limitation of Liability
  17. Limitation on Time to File Claims
  18. Indemnification
  19. Release of Third-Party Claims
  20. Governing Law
  21. Dispute Resolution
  22. Waiver of Severability
  23. Assignment
  24. Force Majeure
  25. Construction
  26. Third Party Beneficiaries
  27. Survival
  28. Compliance with Laws
  29. Your Acts and Omissions
  30. Remedies for Breach
  31. Taxes
  32. Entire Agreement
  33. Definitions
  34. Notices
  35. Feedback, Comments, Concerns; Expo Contact Information
  36. Reorganization; Transfer of Agreements and Policies; Restatement and Application of Terms of Use and Policies


1. Terms of Use

These Terms of Use are entered into by and between you and Expo.  These Terms of Use, together with any other documents, agreement, and policies they expressly incorporate by reference (collectively, the “Terms of Use”), govern your use of our services, equipment, goods and products sold, rented or otherwise, and the use of the App, which for clarification purposes includes our proprietary technology, software, website, web application, mobile applications, and any mobile application owned by Expo and used by you in connection with products and services, including any content, functionality, services or products offered on or through the Services, whether as a guest or a registered User.  Collectively all of these items will be referred to as the “Services”.

These Terms of Use, together with any Order Form which includes Confirmed Orders (defined below), Service Agreements (defined below), Equipment Rental Agreements (defined below), Badge Printing and Sale of Goods Agreements (defined below), Merchant Agreements (defined below), Mobile Application End User License Agreements (defined below) or any other agreements between you and Expo, may be referred to collectively as the “Agreement”.  If you use the Services, you and Expo are each a “Party” to the Agreement.

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

Each Confirmed Order, Service Agreement, our Data Protection Addendum available at https://www.expopass.com/data-protection-addendum/ (“Data Protection Addendum”), Equipment Rental Agreement, Badge Printing and Sale of Goods Agreement, Merchant Agreement, Mobile Application End User License Agreement, other agreement between you and Expo, our Privacy Policy, our Cookies Policy available at https://www.expopass.com/cookie-policy/ (“Cookies Policy”), and our Copyright Policy available at https://www.expopass.com/copyright-policy/ (“Copyright Policy”), and other policy or document of Expo, are incorporated by reference into these Terms of Use and the 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 age 18 may use our Services only through a parent or legal guardian’s account and with their monitoring, supervision, and 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 Expo and meet all of the foregoing eligibility requirements.

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

  1. your use of the Services binds such entity or organization to these Terms of Use;
  2. the terms “you” and “your” (or words to similar effect), as used in these Terms of Use (or any policy, agreement or document referenced herein), any Confirmed Order, any Service Agreement, our Data Protection Addendum, any Equipment Rental Agreement, any Badge Printing and Sale of Goods Agreement, any Merchant Agreement, the Mobile Application End User License Agreement, our Privacy Policy, our Cookies Policy, our Copyright Policy; and any other agreement with Expo or other policy or document of Expo, means you and such entity or organization; and
  3. you represent and warrant that you are authorized by such entity or organization to access and use the Services, enter into these Terms of Use (and any policy, agreement or document referenced herein), any Confirmed Order, any Service Agreement, our Data Protection Addendum, any Equipment Rental Agreement, any Badge Printing and Sale of Goods Agreement, any Merchant Agreement, the Mobile Application End User License Agreement, any other agreement between you and Expo, our Privacy Policy, our Cookies Policy, our Copyright Policy; and any other agreement with Expo, or other policy or document of Expo, and to bind such entity or organization to such terms, agreements, policies, and documents.

If you do not meet these requirements, you may 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 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, each other agreement between you and Expo and each other policy or document of Expo.

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, amend or restrict access to all or some parts of the Services, including the Website, App, or any service, equipment, good, product or material we provide through or in connection with the Services, in our sole discretion and without notice, including for a violation of these Terms of Use, our Content Standards, breach or threatened breach of an agreement between Expo and you, or actual or potential infringement of a third party’s intellectual rights or violation of law.

You are responsible for:

  • Making all arrangements necessary for you to have access to or use the Services;
  • Ensuring that all Persons (defined below) who access the Services, including the Website or App, 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 (5Mbps).

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 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, 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 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, individual, 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; Creating Events.  To become an Organizer, you must (i) enter into a Service Agreement (“Service Agreement”) on our Service Terms and Conditions available at https://www.expopass.com/service agreement/ (“Service Agreement”) and (ii) register and create an account with the Services in accordance with these Terms of Use.To enter into a Service Agreement, you must also enter into an order for Services (which may include access to Expo’s online platform, other Expo services, rental of printing equipment, purchase of badge shells or other goods or products) between you and Expo in the form or format chosen by Expo that has been signed, executed, or authenticated by you and Expo (a “Confirmed Order”).  If and to the extent permitted by the Services, a Confirmed Order may be executed or authenticated by you and Expo through the Website or the App.A Person that (i) enters into a Confirmed Order and a Service Agreement and (ii) registers and creates an account with the Services in accordance with these Terms of Use becomes an “Organizer”.An Organizer may create one or more events, which may include meetings, conventions, conferences, or other events, whether held live or by remote electronic or other virtual means (“Events”), in accordance with and to the extent permitted under the applicable Confirmed Order and Service Agreement, and the Website or App.
  • 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 to 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, which may include 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 and Pricing

  • 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.
  • Fees Charged to Organizers for Attendees at their Events.  Organizers will be charged a price or fee for their Attendees at their Events if and as set forth in the applicable Confirmed Order and Service Agreement.  If an Organizer pre-purchases credits for Attendees at its Event, those credits will be specified in the Confirmed Order for that Event.
  • Lead Retrieval Services.
    • Lead Retrieval Fee Payable by Exhibitors.  The fee payable by Exhibitors for our lead retrieval services for an Event will be as specified on the Website or App.
    • Baseline Lead Retrieval Fee (for Organizers only).  Expo’s baseline fee for our lead retrieval services for an Event, which will be accessible and visible only by the Organizer of the Event, will be as specified in the applicable Confirmed Order and Service Agreement, the applicable Merchant Agreement, or on the Website or App.
  • Ticket Prices Payable by Attendees.  The tickets price, attendance fee, or other fees for or in connection with an Event payable by Attendees will be as specified on the Website or App.
  • Ticket Prices and Processing Fees (for Organizers only).  The ticket price, attendance fee, or other fees 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 applicable Confirmed Order and Service Agreement or the applicable Merchant Agreement.  Expo will assess a processing fee to Organizers, which will be set forth in the applicable Confirmed Order and Service Agreement, the applicable Merchant Agreement, or the Website or App.   To use our payment processing services, an Organizer must enter into a merchant agreement with Expo, of form and substance acceptable to Expo in its sole discretion (“Merchant Agreement”).
  • Third-Party Payment Processor; Third-Party Payment Processor Fee. Credit card payments will be processed by a third-party payment processor. Expo, in its sole discretion, will 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 will included in the price for Expo’s services or products (which may be in the form of Expo’s processing fee) as specified in the applicable Confirmed Order and Service Agreement, the applicable Merchant Agreement, or on the Website or AppIf 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 Expo 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.


6. Payments and Processing

Terms of payment are within our sole discretion as set forth on the Website or App, or in or under the applicable Service Agreement, Equipment Rental Agreement, Badge Printing and Sale of Goods Agreement, or other agreement between you and Expo

All payments must be made by Organizers, Exhibitors and Attendees by credit card at the time Expo’s services, equipment, goods or products are purchased or rented, unless otherwise specified in or under the applicable Service Agreement, Equipment Rental Agreement, Badge Printing and Sale of Goods Agreement, Merchant Agreement, or other agreement between you and Expo.  The credit cards that will be accepted by Expo, including Merchant Agreement, the payment processing networks and credit card issuers, will depend from time to time on Expo’s policies and the third-party payment processor through which payments made to Expo are processed for the applicable Event, sale, purchase or rental.  All payments are facilitated through a third-party payment processing service.

Third-Party Payment Processor and Third-Party Payment Processor Fees. Credit card payments will be processed by a third-party payment processor. Expo, in its sole discretion, will 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 will included in the price for Expo’s services or products (which may be in the form of Expo’s processing fee) as specified in the applicable Confirmed Order and Service Agreement, the applicable Merchant Agreement, or on the Website or App.

The third-party payment processor assesses a processing fee, which will be included in our pricing or fees for our services and products (which may in form of our processing fee).  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 Expo 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.

If you are an Organizer, and Stripe is the third-party payment processor for the applicable Event, sale, purchase or rent, payments will be remitted to you through a Stripe Connect Account if (i) the remittance of payment to you is provided for in the applicable Service Agreement or Merchant Agreement between Expo 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 a Confirmed Order, Service Agreement, Merchant Agreement, Equipment Rental Agreement, Badge Printing and Sale of Goods Agreement, or other agreement between you and Expo, 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 by or through the Services, and you authorize Expo 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 through 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 price or fee, baseline lead retrieval fee, Expo’s fee for its payment processing services, purchase prices for badge shells or other goods, rent for equipment and/or other fees and amounts payable to Expo (as applicable) will be remitted by Stripe to Expo.   Any amount payable by Expo to an Organizer will be remitted by Stripe to the Organizer within 30 business days after the registration fee, baseline lead retrieval price, Expo’s fee for ticket processing services, and/or other fees is paid by the Exhibitor or Attendee (as applicable) to Expo, unless otherwise specified in an applicable Confirmed Order, Service Agreement, Equipment Rental Agreement, Badge Printing and Sale of Goods Agreement, or other agreement between you and Expo. Payment remitted by Stripe to an Organizer could take up to three business days to post to the Organizer’s account, and we are not liable for any delay in processing or payment by Stripe or any other third-party processor.

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

Expo reserves the right to set-off or deduct from any amount payable to an Organizer, amounts payable by the Organizer to Expo and amounts Expo 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, Equipment Rental Agreement, Badge Printing and Sale of Goods Agreement, or other agreement between you and Expo.


7. Credit Card Disputes, Chargebacks, and Refunds

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

  • 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 Expo will refund you the incorrect amount.
  • Attendees.
    • If you are an Attendee, all refunds are handled by the Organizer of the applicable Event in accordance with the Organizer’s refund policy.
    • Expo 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 will be responsible for all amounts incurred by Expo relating to any refund to an Organizer, Exhibitor or Attendee, and will promptly reimburse Expo for any and all fees, amounts and payments made or incurred by Expo 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 Expo for any amounts paid or surrendered by Expo in connection with a refund to the extent that the necessity for such refund is caused by Expo’s negligence or willful misconduct.


8. Intellectual Property Rights

The Services, including content, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Expo, 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.

You will 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.
  • You may use the Services in connection with an Event and/or to promote our services and products.

You may not:

  • Modify copies of any materials from the Website or App.
  • 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 the Website or App.

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 (i) 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 (ii) provide any other Person with access to any information, visual or audio content which is not owned or properly license 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 Expo.  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 by or through our application programming interfaces (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).


9. Trademarks

  • General Restrictions.  The names “Expo, Inc.”, “Expo”, “Expo Pass, LLC”, and “Expo Pass”, Expo logo, and all related names, logos, product and service names, designs and slogans are trademarks of Expo or its affiliates or licensors.  You must not use such marks without the prior written permission of Expo, 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 Expo; Use of Expo’s Marks by Organizers.  If you are an Organizer:
    • License or Use of Marks for Events. During the period commencing on the date you become an Organizer of an Event and ending 60 days after the conclusion of such Event:
      • Organizer’s Grant of Limited License to ExpoYou, in your capacity as an Organizer, grant Expo, 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 (“Marks”) on Expo’s Website, App, and other media of Expo, and goods and products (including badges and badge shells) provided to you by Expo solely for the purposes of (i) providing our Services to you, including identifying you and/or your Event to actual and potential Exhibitors and Attendees on our Website or App (including the Event registration webpage), processing tickets and other sales for your Event, and identifying you and/or your Event on badges and badge shells (including those printed by us) and (ii) promoting Expo’s Services in connection with your Event, including lead retrieval services relating to Exhibitors.
      • Expo’s Grant of Limited License to OrganizerExpo 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 Expo’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 Expo’s identity and to promote you Event and Expo’s services and products (including the Services) in accordance with these Terms of Use.
      • Perpetual License by Organizer to Expo for Marketing Purposes. In addition, you grant Expo 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 Expo, 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 Expo (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 to 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.


10. Copyright Infringement

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


11. Publicity (Organizers Only)

If you are an Organizer, we may request that you participate in activities as requested by Expo including providing quotes, participating in a case study, press releases, or testimonial advertisement describing your experiences as an organizer with the use of our Services, or permit us to use your name and/or Marks for the purposes of advertising, marketing, promotion or publicity of Expo and/or its services (“Publicity”).  If you agree to Publicity, you, as an Organizer, grant to Expo a limited, world-wide, non-exclusive, non-transferrable (other than to Expo’s affiliates or successors of Expo’s business), 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.


12.  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 and these Terms of Use, including any Service Agreement, 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, and such agreements constitute valid and legally binding obligations of the Organizer, enforceable against the Organizer in accordance with their respective 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 Expo and that Expo is authorized to use all such names, information and intellectual property in connection with the services and products provided by Expo, including the Services; and
  • You have obtained all required consents from the Exhibitors, Attendees and other owners of such information and intellectual property for Expo to use such information and intellectual property.


13. Disclaimer of Warranties

You understand, acknowledge, and agree 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 EXPO NOR ANY PERSON ASSOCIATED WITH EXPO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES.  WITHOUT LIMITING THE FOREGOING, NEITHER EXPO NOR ANYONE ASSOCIATED WITH EXPO 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 WEBSITE APP OR THE SERVER THAT MAKES ANY OF THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR IN CONNECTION WITH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

EXPO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND NON-INTERFERENCE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

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


14. Confidentiality

You agree to keep confidential, not to disclose to any third party, and to use only for the purposes of using the Services or performing your obligations under these Terms of Use or any Related Agreement: (a) pricing information under the Service Agreement or any Related Agreement (including under any Confirmed Order) and (b) any information of or regarding Expo Pass or any of its Affiliates designated as confidential, proprietary, or the like, or that reasonably should be understood to be confidential given the nature of the information or the circumstances of disclosure, including information concerning business or marketing plans or strategies; current, former or prospective customer lists; future services or products; software or software documentation; data; trade secrets; inventions; know how; or processes.  This applies to information in written, electronic, oral, or any other form.  The obligations under this Section 14 will not apply to information that is or becomes known to the public in general (other than as a breach of this Section 14 or wrongful disclosure by any Person).


15. Data Protection Addendum

The Data Protection Addendum is incorporated by reference into these Terms of Use.  In the event of a conflict between a term of this Terms of Use or any other Agreement and the Data Protection Addendum, the Data Protection Addendum will govern.


16. Limitation of Liability

WE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE WEBSITE, APP OR ANY SERVICE, EQUIPMENT, GOOD OR PRODUCT IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

IN NO EVENT WILL EXPO, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, CONSULTANTS, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, SUBCONTRACTORS, AND OTHER AGENTS AND REPRESENTATIVES (“REPRESENTATIVES”), LICENSES OR SUPPLIERS, SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES, LICENSES OR SUPPLIERS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DELAY OR DAMAGE OF ANY KIND OR CHARACTER, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS, REVENUES, BUSINESS OR ANTICIPATED SAVINGS, DIMINUTION IN VALUE, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH, THE SERVICES (INCLUDING OUR WEBSITE, APP OR ANY SERVICE, EQUIPMENT, GOOD, OR PRODUCT, PROVIDED, RENTED OR SOLD TO YOU BY EXPO), THIS AGREEMENT, THESE TERMS OF USE, YOUR USE OF, OR INABILITY TO USE, THE SERVICES (INCLUDING OUR WEBSITE, APP OR ANY SERVICE, EQUIPMENT, GOOD, OR PRODUCT, PROVIDED, RENTED OR SOLD TO YOU BY EXPO), ANY WEBSITES OR APPLICATIONS LINKED TO OUR WEBSITE OR APP, OR ANY CONTENT ON OUR SERVICES (INCLUDING OUR WEBSITE OR APP) OR SUCH OTHER WEBSITES OR APPLICATIONS, ANY SOFTWARE INCORPORATED INTO OR USED BY OUR SERVICES (INCLUDING ANY EQUIPMENT PROVIDED OR RENTED IN CONNECTION WITH OUR SERVICES), OR ANY FAILURE OF OR DEFECT IN OUR EQUIPMENT OR GOODS, REGARDLESS OF (A) WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

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 THE TOTAL AMOUNT PAID BY YOU TO EXPO PURSUANT TO THE AGREEMENT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.

The limitation of liability set forth in this Section 16 shall not apply to (i) liability resulting from yours or any third party’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from yours or a third party’s acts or omissions.  The limitation of liability provisions set forth in this Section 16 shall apply even if your remedies under these Terms of Use and Related Agreement fail of their essential purpose.  You acknowledge and agree that the parties entered into these Terms of use and Related Agreement, and we provide Services to you, in reliance upon the limitations of liability set forth in this Section 16, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose or cause consequential loss), and that the same form an essential basis of the bargain between the parties.


17. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICES (INCLUDING OUR WEBSITE, APP OR ANY SERVICE, EQUIPMENT, GOOD, OR PRODUCT, PROVIDED, RENTED OR SOLD TO YOU BY EXPO), THIS AGREEMENT, OR THESE TERMS OF USE, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


18. Indemnification

You agree to defend, indemnify and hold Expo, its affiliates, licensors or service providers, their respective Representatives, licenses or suppliers, successors and assigns, and their respective Representatives, licenses or suppliers, successors and assigns (the “Expo Indemnified Parties”, from and against any claims, third party claims, proceeding (whether before an arbitrator, court, mediator or otherwise), liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • your breach or violation of these Terms of Use or any Related Agreement (or any agreement, policy or document referenced herein, including 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 our Privacy Policy, Cookies Policy, Copyright Policy, or any other agreement between you and Expo or policy or document of Expo);
  • your use of the Services, including the Website or the App; your User Contributions; your Marks or intellectual property; or any use of the Services (including the Website or the App, services, content, equipment or goods) other than as expressly authorized in this Agreement or these Terms of Use (or any agreement, policy or document referenced herein, including 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 our Privacy Policy, Cookies Policy, Copyright Policy, or any other agreement between you and Expo or policy or document of Expo).
  • Your rental or lease, possession, maintenance, operation, use, condition, repair, return, disposition, operation, storage, or transportation of the Equipment, any parts thereof, or any modifications thereto (including, without limitation, latent and other defects, whether or not discoverable by you or us); (b) any breach of these Terms of Use or Related Agreement by you or non-fulfillment of any covenant, agreement or obligation to be performed or observed by you under these Terms of Use or Related Agreement; (c) the acts or omissions of you, your agents, or your operators; or (d) the selection, design, manufacture, delivery, purchase, acceptance, or rejection of any Equipment.
  • any claim that any information provided by you  and our or your use of information provided by you (including any Badge Shell Artwork & Information incorporated into Goods) infringes the Intellectual Property Right of a third Party.


19. Release of Third-Party Claims.

While we provide a platform through which Organizers, Exhibitors, Attendees and other users may transact with respect to Events, you are responsible for disputes and claims between you and third parties (including Organizers, Exhibitors, Attendees and other users), and you will not bring us into any disputes or claims between you and a third party.

ACCORDINGLY, AS AN INDUCEMENT TO EXPO PROVIDING YOU THE SERVICES (INCLUDING PERMITTING YOU ACCESS AND USE OF THE WEBSITE OR APP, RENTING YOU EQUIPMENT OR SELLING GOODS TO YOU), YOU HEREBY AGREE TO RELEASE, EXPO, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, THEIR RESPECTIVE REPRESENTATIVES, LICENSES OR SUPPLIERS, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE REPRESENTATIVES, LICENSES OR SUPPLIERS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) (THE “EXPO RELEASED PARTIES”) FROM ANY AND 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 (A) THE SERVICES (INCLUDING THE WEBSITE, APP, AND ANY SERVICES, EQUIPMENT OR GOODS PROVIDED, RENTED OR SOLD UNDER OR IN CONNECTION WITH THE SERVICES) OR USE OF THE SERVICES; (B) ANY EVENT LISTED ON THE SERVICES (INCLUDING THE WEBSITE OR APP) OR WITH RESPECT TO WHICH EXPO PROVIDES OR HAS PROVIDED SERVICES; OR (C) YOUR USER CONTRIBUTIONS, MARKS OR INTELLECTUAL PROPERTY.

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.”


20. Governing Law

All matters relating to the Services, these Terms of Use (including any policy or document referenced herein), this Agreement, 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, Copyright Policy, or any other policy or document of Expo, 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).


21. Dispute Resolution.

PLEASE READ THIS SECTION 21  (“ARBITRATION AGREEMENT”) CAREFULLY. IT IS PART OF YOUR AGREEMENT WITH EXPO AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

 

(a) 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, these Terms of Use (including any policy or document referenced herein), 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, Copyright Policy, or any other policy or document of Expo, (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) or breach or threatened breach of confidentiality obligations. 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).

(b) IF YOU AGREE TO ARBITRATION WITH EXPO, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST EXPO ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST EXPO 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.

(c) 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, 1395 W. Jeffrey Dr., Addison, Illinois 60601. 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 at https://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 https://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.

(d) 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 this 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.

(e) Waiver of Jury TrialYOU AND EXPO 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 21(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.

(f) Waiver of Class and Consolidated ActionsALL 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 21(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.

(g) 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, 1395 W. Jeffrey Dr., Addison, Illinois 60601, Attn: Corporate Secretary, or email to legal@expopass.com, 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.

(h) Severability. Except as provided in Section 21(f) above, 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.

(i) Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with Expo.

(j) 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.


22. Waiver and Severability

No waiver by Expo of any term or condition set forth in this Agreement, these Terms of Use (including any policy or document referenced herein), 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, Copyright Policy, or any other policy or document of Expo, 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 Expo to assert a right or provision under this Agreement, these Terms of Use (including any policy or document referenced herein), 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, Copyright Policy, or any other policy or document of Expo shall not constitute a waiver of such right or provision.

If any provision of this Agreement, these Terms of Use (including any policy or document referenced herein), 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, Copyright Policy, or any other policy or document of Expo 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 this Agreement, these Terms of Use (including any policy or document referenced herein), such 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 such other agreement between you and Expo, our Privacy Policy, Cookies Policy, Copyright Policy, or any other policy or document of Expo (as applicable) will continue in full force and effect.


23. Assignment

You may not assign, transfer, rent, lease, sub rent, sub license, sub lease, or otherwise dispose of any right or obligation under these Terms of Use or Related Agreement including by operation of law, in connection with a merger, or in connection with a transaction which results in a third party owning or controlling at least a majority of your outstanding voting equity interests or business assets, or otherwise, without the prior written consent of Expo Pass, and any such purported assignment or transfer will be void ab initio.  Expo Pass may assign or transfer any right or obligation under these Terms of Use or Related Agreement without your consent.  These Terms of Use and any Related Agreement shall inure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 


24. Force Majeure

 

Neither Party (the “Impacted Party”) will be liable to the other Party, or be deemed to have defaulted under or breached these Terms of Use, for any failure or delay in fulfilling or performing any term under an Agreement (except for your payments obligations hereunder), when and to the extent such failure or delay is caused by a Force Majeure Event.  The Impacted Party must give notice to the other party within 2 business days of the Force Majeure Event, stating the period of time the occurrence is expected to continue.   The Impacted Party will use commercially reasonable efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized, and will resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.  We may terminate an Agreement or any portion of the Services (including any Confirmed Order or Related Agreement) upon written notice to you (“Force Majeure Event Termination Notice”) if a Force Majeure Event continues substantially uninterrupted for 7 days or more.


25. 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.


26. Third Party Beneficiaries.

Except for Expo Indemnified Parties and Expo Released Parties, who are intended to be third party beneficiaries of this Agreement, none of the provisions of this Agreement shall be for the benefit of or enforceable by any third party.


27. Survival

This Section 27 (Survival) and the following sections: Section 1 (Terms of Use), Section 2 (Changes to the Terms of Use), Section 6 (Payments & Processing), Section 7 (Credit Card Disputes, Chargebacks, and Refunds), Section 8 (Intellectual Property Rights), Section 9 (Trademarks), Section 10 (Copyright Infringement), Section 11 (Publicity (Organizers Only), Section 12 (Representations and Warranties of Organizer Regarding Event, Venue, Exhibitor, and Attendee Information), Section 13 (Disclaimer of Warranties), Section 14 (Confidentiality), Section 15 (Data Protection Addendum), Section 16 (Limitation of Liability), Section 17 (Limitation on time to File Claims), Section 18 (Indemnification), Section 19 (Release of Third-Party Claims), Section 20 (Governing Law), Section 21 (Dispute Resolution), Section 22 (Waiver of Severability), Section 24 (Construction), Section 30 (Remedies for Breach), Section 35 (Feedback, Comments, Concerns, and Expo Contact Information), 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 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 relating to the Services, the Website, the App, or other services, equipment or goods relating thereto.


28. Compliance with Laws

You will comply with all applicable laws, regulations, and ordinances, including all export and import laws of all countries involved in the sale of the Goods or any resale of the Goods by Buyer.  Any violation of applicable laws, regulations, and ordinances may be considered a material breach of these Terms of Use.


29. Your Acts and Omissions

If the performance of our obligations under these Terms of Use or any Agreement is prevented or delayed by any act or omission of you or your Representatives, we will not be deemed in breach of our obligations under these Terms of Use or an applicable Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by you to the extent arising directly or indirectly from such prevention or delay.


30. Remedies for Breach

You acknowledge and agree that your breach or threatened breach of these Terms of Use or an applicable Agreement will cause irreparable harm to us for which money damages will be inadequate, and we will, in addition to any and all other remedies otherwise available at law or equity, be entitled to seek injunctive and other equitable relief in the event of such breach or threatened breach, without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy.  Expo Pass’s rights and remedies under these Terms of Use and any Related Agreements are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.


31. Taxes

All prices, fees, rates, and charges are exclusive of all sales, use, excise and other taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by you. You will be responsible for all such charges, costs, and taxes; however, you will not be responsible for any taxes imposed on our income.


32. Entire Agreement

These Terms of Use (including any agreement, policy or document referenced herein), and 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, and our Privacy Policy, Cookies Policy and Copyright Policy, this Agreement, these Terms of Use (including any policy or document referenced herein), 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, our Privacy Policy, Cookies Policy, Copyright Policy, and any other policy or document of Expo constitute the sole and entire agreement between Expo 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).  However, in the event of a conflict between a provision of these Terms of Use and a provision in a (a) Service Agreement, the Service Agreement will prevail; (b) the Data Protection Addendum, the Data Protection Addendum will prevail; (c) an Equipment Rental Agreement, the Equipment Rental Agreement will prevail; (d) a Badge Printing and Sale of Goods Agreement, the Badge Printing and Sale of Goods Agreement will prevail; or (e) a Merchant Agreement, the Merchant Agreement will prevail.


33. Definitions

Affiliate” means, with respect to a Person, any other Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Person.

App” means our Expo Pass mobile application and any mobile application owned by us and used by you in connection with our Services, and is intended to be consistent with the meaning of the term “App” as used in this Terms of Use.

Badge Printing and Sale of Goods Agreement” means a Sale Agreement, as that term is defined in the Terms and Conditions for Badge Printing and Sale of Goods.

Confirmed Order” means an order between Organizer and Expo Pass for Expo Pass’ Services in the form or format chosen by Expo Pass that has been signed, executed, or authenticated by Organizer and Expo Pass which provides for the rental of the Equipment that is the subject of this Equipment Rental Agreement.  If and to the extent permitted by the Services, a Confirmed Order may be executed or authenticated by you and Expo Pass through the Website or the App.

Data Protection Addendum” means our Data Protection Addendum available at https://www.expopass.com/data-protection-addendum/.

Equipment” means the equipment owned by Expo Pass (which may include routers, printers, iPads, or other equipment) specified in a Confirmed Order to be rented by Expo Pass to you, and by you from Expo Pass.  As used herein, the term “Equipment” is intended to consistent with the meaning of “Equipment” as used in our Equipment Rental Terms and Conditions.

Equipment Rental Agreement” means an Equipment Rental Agreement between you and us as defined in our Equipment Rental Terms and Conditions.

Equipment Rental Terms and Conditions” means our Equipment Rental Terms and Conditions available at https://www.expopass.com/equipment-rental.

Expo Pass”, the “Company”, “our”, “us”, “we” means Expo Pass, LLC.

Expo Pass Platform” means Pass’s online platform, available on or through our Website and mobile App.

Force Majeure Event” means circumstances beyond the Impacted Party’s reasonable control, including: (a) acts of God; (b) flood, fire, earthquake, explosion, inclement weather; (c) war, invasion, hostilities, terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades; (f) national or regional emergency, pandemics or epidemics; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; or (h) shortages, stoppages, unavailability or inadequacy of utilities, electricity, internet service, cellular service, wireless service or signal.  Notwithstanding anything to the contrary herein, Force Majeure Event does not include low (or lower than expected) attendance for an Event, your lack of budget or funds, or changes to your business plans or policies.

Goods” means the goods or products to be sold to you as specified in an applicable Confirmed Order, which may include badge shells, lanyards, or other goods or products.  As used herein, the term “Goods” is intended to consistent with the meaning of “Goods” as used in our Terms and Conditions for Badge Printing and Sale of Goods.

Initial Confirmed Order” means the first Confirmed Order between the Parties.

Intellectual Property Rights” means any and all rights arising in the United States of America or any other jurisdiction throughout the world in and to patents, trademarks, service marks, trade dress, trade names, logos, corporate names, and domain names, and other similar designations of source or origin, together with the goodwill symbolized by any of the foregoing, copyrights and works of authorship (whether copyrightable or not), including computer programs, trade secrets, know-how, and all other intellectual property, in each case whether registered or unregistered, and including all registrations and applications for such rights and renewals or extensions thereof, and all similar or equivalent rights or forms of protection in any part of the world.

Mobile Application End User License Agreement” means our Mobile Application End User License Agreement available at https://www.expopass.com/end-user-license-agreement/.

Modify” means to modify, amend, restate, supplement, or otherwise change.  Modification” will have a correlative meaning.

Organizer”, “you”, or “your” means the customer of Expo Pass identified as the Organizer in the Confirmed Order.  As used herein, the term “Organizer” is intended to be consistent with meaning of “Organizer”, as used in the Terms of Use.

Package Price” means the package price or bundled price for a specified Event or Events as specified in the Confirmed Order, and subject to the applicable Service Agreement.

Parties”, each, a “Party”, means Expo Pass and Organizer.

Per Diem Rental Rate” means, for a particular item of Equipment (i) the per diem or per day rental price or rate specified in the applicable Confirmed Order or (ii) an amount equal to the rent for the Rental Period divided by the number of days in that Rental Period, as determined by us in our sole discretion.

Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other entity.

Privacy Policy” means our Privacy Policy available at https://www.expopass.com/privacy-policy/.

Registered Attendee” means, with respect to a particular Event, a Person who has, (i) been added as an Attendee to the Expo Pass Platform by or on behalf of the Organizer; (ii) registered as an Attendee through the Expo Pass Platform; (iii) otherwise has been registered as an Attendee; or (iv) is otherwise identified as a registered attendee in an applicable Confirmed Order.

Related Agreement means a Service Agreement, Badge Printing and Sale of Goods Agreement, Mobile Application End User License Agreement, Merchant Agreement, Data Protection Addendum, or other agreement between you and us.

Released Parties”, each a “Released Party” means Expo Pass, its Representatives, and their respective successors and assigns.

Rental End Date” means, for a particular item of Equipment, (i) the rental end date for that Equipment specified in the Confirmed Order under which the Equipment is rented or (ii) the new rental end date or specified by us in connection with a Force Majeure Event pursuant to the section entitled “Force Majeure Event” in the Service Agreement.

Rental Period”, means, for a particular item of Equipment, the period starting on the Rental Start Date and ending on the Rental End Date.

Rental Start Date” means, for a particular item of Equipment, (i) the date of the Confirmed Order under which the Equipment is rented, or (ii) the new rental start date specified by us in connection with a Force Majeure Event pursuant to the section entitled “Force Majeure Event” in the Service Agreement.

Repair Cost” means, for a particular item of Equipment, the actual or estimated cost to repair that Equipment (in our sole discretion and determination).

Replacement Value” means, with respect to a particular item of Equipment, the dollar amount to replace the Equipment, in Expo Pass’s sole determination.

Representative” means, with respect to a Person (including a business, entity or organization), that Person’s and its Affiliates’ employees, officers, directors, members, managers, partners, consultants, independent contractors, service providers, subcontractors, and other agents and representatives.

Service Agreement” means the Service Agreement between Expo Pass and you that incorporates the Confirmed Order that specifies the Equipment to be rented to and by you.  As used herein, “Service Agreement” is intended to be consistent with the meaning of “Service Agreement” as used in our Service Terms and Conditions.

Services” means our rental of Equipment to you under this Equipment Rental Agreement, and is intended to be consistent with the meaning of “Services” as used in our Terms of Use.

Services” has the meaning given to that term in our Terms of Use, and includes our rental of Equipment to you under this Equipment Rental Agreement.

Service Terms and Conditions” means our Service Terms and Conditions available at https://www.expopass.com/service-agreement/.

Software” means software or firmware provided with, incorporated into or used in connection with Equipment, including the Expo Pass Router Firmware.

Terms and Conditions for Badge Printing and Sale of Goods” means our Terms and Conditions for Badge Printing and Sale of Goods available at https://www.expopass.com/sale-goods/.

Terms of Use” means our Terms of Use available at https://www.expopass.com/terms-of-use/.

Website” means our website available at https://www.expopass.com.


34. Notices

Any legal notice provided pursuant to these Terms of Use or related Agreement shall be in writing and shall be deemed given: (a) if by electronic mail (email), upon confirmation of delivery; (b) if mailed, three (3) days after deposit in the U.S. mail, postage prepaid, certified mail return receipt requested; or (c) if by reputable overnight courier, on the first business day after delivery to such courier.  All notices to Expo Pass will be addressed to support@expopass.com or Expo Pass, LLC, 1395 W. Jeffrey Dr., Addison, IL 60101, Attn: Customer Support.  All notices to you will be addressed to your email or street address as indicated in the applicable Confirmed Order.  A Party may change its address by giving written notice to the other Party.

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


35. Feedback, Comments, Concerns and Expo Contact Information

The Website is operated by Expo Pass, LLC, 1395 W. Jeffrey Dr., Addison, Illinois 60601.

All 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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