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Terms of Use
Please carefully read the following:
1. Acceptance of Terms of Use The Attendee Assistant Program is provided to registered users subject to these Terms of Use. BY INDICATING THAT YOU HAVE READ and AGREE to the terms and conditions of this service, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS. Expo Trust may modify these term of use at any time. Changes are effective once posted on the Attendee Assistant website and your continued use signifies your acceptance of these terms. 2. Email Messages Expo Trust will, from time to time, send email messages to User containing reminders, updated information, leads, notifications, etc. User agrees to accept emails from "Expo Trust.com, attendeeassistant.com, mygraphexpo, and goexposmart" domains and will not consider these as spam, and agrees that Expo Trust will not be held responsible if these messages should fail delivery to User's mailbox. Users may opt out of difference message classifications at the User's discretion. 3. Customer Service For users entitled to customer service, Expo Trust agrees to make an effort to provide customer service in a timely manner. Most requests will be performed within two business days of being submitted. Users agree to submit work and change requests through the proper forms on the Attendee Assistant. Should the proper forms not be utilized, Expo Trust cannot promise the work will be done properly or on time. User agrees to submit all requests through task management system. User understands that Expo Trust will notify them via email when the work and changes have been made. Should users fail to receive these messages, Expo Trust will not be held liable. 4. Contents of Messages Website visitors alone are responsible for the contents of their messages, and the consequences of any such messages. Expo Trust does not assume any responsibility or liability for messages or other content that is provided by the users of the Attendee Assistant or anyone else. Expo Trust reserves the right to refuse to post, reject, delete, or modify and content for any or no reason including content which Expo Trust deems to violate these terms.. 5. User Accessibility The Attendee Assistant and related software programs are designed to be viewable for the majority of users on the Internet. The user understands that: a) Computer platforms vary in terms of Internet download rates, configurations, operating systems, screen resolutions, and browser types, etc. b) In order to view the Attendee Assistant for Broadband, including each High Impact Booth, website users must use Internet Explorer, have a broadband connection and use Macromedia Flash. c) It impossible to control or guarantee exactly how each individual page of content will appear for all the different computer configurations. d) Expo Trust does not guarantee that all users will be able to view the web pages. e) User understands that the system is hosted on computer web servers that need to be restarted periodically and require maintenance, which can influence the availability of the service. f) User understands that access to the web pages depends on those companies making it possible for data to be passed around the Internet. Expo Trust will not be held responsible for outages and service disruptions from these reasons. 6. User Interaction You the user are solely responsible for interactions with other members of the community. Expo Trust reserves the right, but has no obligation, to become involved in any way with disputes between users. Use of the Attendee Assistant for unauthorized activities including spamming, phishing, collecting user IDs, and/or email addresses for the purpose of sending unsolicited email is prohibited. Expo Trust reserves the right to terminate membership, remove profiles, and restrict, disable, and suspend user access to any features at any time if Expo Trust deems that you have violated the terms of use. 7. Enhancements & Improvements a) In order to improve performance, usability, and manageability, Expo Trust reserves the right to make improvements to the programming code, user interface, and database at its own discretion. b) User understands that third party software is relied upon to make the system operate, including various Microsoft products and Cold Fusion. Automatic updates from these companies can affect how the system works and may cause errors. Expo Trust will not be held responsible for these errors. 8. Security A) User understands that Expo Trust deploys security software from third party vendors. User will not hold Expo Trust responsible for third party software security breaches. 9. Account and Password User is responsible for maintaining the confidentiality of his/her account number and password. User shall be responsible for all uses of his/her account, whether or not authorized by User. User agrees to immediately notify Expo Trust of any unauthorized use of his/her account. 10. Timely Review User agrees to conduct timely reviews of work performed by Expo Trust. 11. Disclaimer of Warranties USER EXPRESSLY AGREES THAT USE OF THE ATTENDEE ASSISTANT OR ANY PART THEREOF IS AT USER'S SOLE RISK. EXPO TRUST DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Expo Trust DOES NOT MAKE ANY WARRANTY THAT THE ATTENDEE ASSISTANT WILL MEET USER'S REQUIREMENTS, NOR DOES Expo Trust MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ATTENDEE ASSISTANT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED BY OR THROUGH THE ATTENDEE ASSISTANT. Expo Trust DOES NOT MAKE ANY WARRANTY REGARDING ANY THIRD PARTY INFORMATION OBTAINED ON OR THROUGH THE ATTENDEE ASSISTANT OR ANY TRANSACTIONS ENTERED INTO ON OR THROUGH THE ATTENDEE ASSISTANT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM Expo Trust OR THE ATTENDEE ASSISTANT SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 12. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL Expo Trust BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE ATTENDEE ASSISTANT OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON OR THROUGH THE ATTENDEE ASSISTANT OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE. 13. Indemnification User agrees to defend, indemnify and hold Expo Trust, its parents, subsidiaries, affiliates, officers and employees, its suppliers and their respective affiliates and agents, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of User's use of Expo Trust, the violation of these Terms of Use by User, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity. 14. Invoice and Payments User shall make payments regarding any fees by Expo Trust by the due date, considered to be within thirty (30) days of the invoice date. Outstanding invoices unpaid by the due date may be subject to a late payment fee of 1.5 %, which shall be added to the fee due Expo Trust. Should invoices not be paid within 45 days of the invoice date, Expo Trust reserves the right to withhold services. Expo Trust reserves the right to withhold services should invoices remain unpaid according to the schedule set forth above. 15. Relationship of Expo Trust's Employees to User Expo Trust's employees, contractors, and agents performing the Services shall remain Expo Trust's employees, contractors, and agents and shall not be deemed employees, contractors, and agents of User. Expo Trust shall have the right to control and direct the Services, including the right to discharge or reassign any Expo Trust employee, contractors, and agents providing services hereunder. User hereby agrees not to offer to or accept employment or contracts of any kind to or from any Expo Trust employees, contractors, and agents, who provide Services under this Agreement, during the term of this Agreement and for a period of one (1) year subsequent to the completion of the agreement without obtaining written consent from Expo Trust. 16. Relationship of Expo Trust and User Expo Trust is not and shall not at any time be deemed to be the agent or legal representative of User for any purpose. This Agreement does not constitute and shall not be construed as constituting a partnership, joint venture, or agency between User and Expo Trust. Expo Trust shall not at any time or in any way indicate that (a) Expo Trust has the power and authority to bind User and incur expenses on User's behalf; (b) Expo Trust is an agent of User; (c) User has any ownership interest in Expo Trust; or (d) Expo Trust's relationship with User is not anything other that set forth herein. 17. Expo Trust Warranty Expo Trust warrants that it will perform the Services in a professional and workmanlike manner. The forgoing is a limited warranty and is the only warranty made by Expo Trust. Expo Trust makes no other warranties, express or implied, including without limitation, any warranty concerning merchantability or fitness for a particular purpose. Expo Trust shall in no event be liable for special, consequential, exemplary or incidental damages including, without limitation, loss of profit or goodwill, suffered by User or User's customers. 18. Confidential and Proprietary Information Each party acknowledges and agrees that any and all information concerning the specifics of the other party's business operations and the contents of all Deliverables are "Confidential and Proprietary Information." Each party agrees that it will not permit the use or disclosure of any such Confidential and Proprietary Information to any person (other than its own employee, agent or representative who must have such information for the performance of its obligations hereunder), "Confidential and Propriety Information" is not meant to include any information which, at the time of its disclosure, (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as either of the parties. 19. Ownership Expo Trust retains ownership rights to all material offered and developed for User. Expo Trust retains ownership rights to all data collected, entered, used, or inputted in any manner on the website. All materials prepared on User's behalf shall be the property of Expo Trust. All rights including copyright in such materials belong to Expo Trust. If any such materials are not deemed to be "work made for hire," all rights in such materials are to be assigned to Expo Trust, who has sole discretion to deal with and to modify the materials and to decide whether, to what extent, with what credits and in what final form to use the materials in any country and in any media. Expo Trust owns all data collected and entered into the database, software used on the site and all rights to the terms Attendee Assistant, Go Expo Smart, Plan to Make it a Great Tradeshow, the Attendee Assistant Robot, the Tradeshow Assistant, Show Producer Assistant, Production Assistant, Exhibitor Assistant, Accounting Assistant, Marketing Assistant, Administrative Assistant, Supplier Assistant, Sales Assistant, Intelli-link, Send Invitations, GET LINKED! GET LEADS! and Exhibitor News and Product Information, including the processes by which they work, and the software that makes them work. The Attendee Assistant will be considered to consist of, but is not limited to, proprietary software and copyrighted literature. Neither the software, the processes, nor any of the terms associated with the services above may be used by User without the prior written approval of Expo Trust. 20. Force Majeure In the event that either party is unable to perform any of its obligations under the Agreement or to enjoy any of its benefits because of, or if loss of the product is caused by, natural disasters, actions or degrees of governmental bodies or communications line failures not the fault of the affected party ('Force Majeure Event'), the party who has been affected immediately shall give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice the Agreement shall be immediately suspended. Delays in delivery due to Force Majeure Event shall automatically extend the delivery date(s) for the period equal to the duration of such Force Majeure Events; any warranty period affected by a Force Majeure Event shall likewise be extended for a period equal to the duration of such Force Majeure Event. 21. Miscellaneous (1) Expo Trust reserves the right and the sole discretion to (A) make improvements, corrections, adaptations, conversions and/or any other change in the Attendee Assistant and to any part thereof and/or to a revised or new Terms of Use; (B) change or limit The Attendee Assistant or any part thereof, to all Users or any number thereof including without limitation, at any time, without notice, for any reason or no reason; (C) Establish a new operating and usage policy for The Attendee Assistant and change it at any time for any reason or no reason; (2) Nothing contained in this document shall be construed to limit action Expo Trust may take or remedies available to it in any way with respect to any prohibited activity or conduct. Expo Trust reserves the right to take any additional actions it may consider appropriate with respect to such activity or conduct, including without limitation taking action to recover costs and expenses of identifying offenders and removing them from Expo Trust's network or systems, and levying cancellation charges to cover costs in the event of disconnection for the causes outlined in this agreement. In addition, Expo Trust reserves the right to charge and/or sue for damages (including damage to software, hardware and other equipment and the time and expense incurred in repairing such damage) if any harm is done to its network or equipment which requires repair or reconfiguration of any kind. (3) Non-enforcement of any term of this agreement does not constitute consent or waiver, and Expo Trust reserves the right to enforce such term at its sole discretion. (4 ) Any reference made in this document to The Attendee Assistant shall be deemed to have been made to Expo Trust, its subsidiaries, successors, assignees, affiliates as well as any company that controls Expo Trust, directly or indirectly, and any other subsidiary of that controlling company. This Terms of Use agreement sets forth your entire agreement with Expo Trust Marketing Group regarding The Attendee Assistant. You agree that this Terms of Use is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Use agreement. If any part of this Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Material on this web site is available "as is." We warrant neither that access to this web site will be uninterrupted nor that material appearing thereon will be error-free. There may be delays, omissions, or interruptions and inaccuracies in the news, information or other materials available through this web site. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this web site or any information or goods that are available on, or advertised or sold through, on this web site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this web site or available through links from on this web site. We reserve the right to correct any errors or omissions appearing on this web site. Those people who choose to use the Attendee Assistant and request that we find people who can help them overcome their business challenges, understand and give their consent to distribute contact information, including the question asked, to third parties who may or may not be able to assist the person in need of assistance. The list of people this question will be sent to will be limited to the exhibitors, or others designated by show management, that are registered as providing services in the different categories selected. Further, it is understood that there is no guarantee that anyone will respond at all to the question posed. It is our role to facilitate bringing people together. The services are being provided "as is" to the user without Warranty of any kind. All express or implied conditions, Representations and warranties, including any implied warranty of Merchantability and fitness for a particular purpose, are hereby excluded to the extended allowed by applicable law. Expo Trust's liability in Contract, tort or otherwise hereunder shall not exceed the amount paid Expo Trust, which is nothing as the service is free. In no event shall Expo Trust be liable to the user for lost revenue, profit or data, or for special, indirect, Consequential, incidental or punitive damages, however caused and Regardless of theory of liability, arising out of the use of or Inability to use the deliverable, even if advised of the possibility of such damages. Expo Trust shall not be liable for representations made by third parties, products sold by third parties, services provided by third parties, or for any actions taken by third parties in the process of offering assistance to the user. Expo Trust shall not be liable for failure to perform under this agreement if such failure is caused by act of God, fire, flood, strike, labor dispute, riot, insurrection, war, or any cause beyond the control of Expo Trust whether or not similar to the causes herein specifically mentioned. Nothing herein contained shall require Expo Trust to take any action contrary to law or any order or regulation of any government or governmental agency or officer having jurisdiction, or contrary to any permit or authorization granted to Expo Trust by any government or governmental agency, or contrary to any arrangement pursuant to which Expo Trust operates or utilizes any of the facilities referred to herein. Use of the Attendee Assistant without consent to these terms is prohibited.
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