Terms of Use
Thank you for visiting American Consumer Shows, LLC’s website.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS WEBSITE, USING ANY SERVICES OR OFFERINGS PROVIDED BY OR DESCRIBED ON THIS WEBSITE, OR SIGNING UP FOR AN ADMISSION PASS.
IMPORTANT: THESE TERMS CONTAIN AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER AND LIMIT YOUR RIGHTS. READ THESE TERMS CAREFULLY BEFORE ACCESSING THE WEBSITE, USING THE SERVICES, OR SIGNING UP FOR AN ADMISSION PASS. THESE TERMS CONTAIN A DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. BY ELECTING TO USE THE SERVICES, INCLUDING THIS WEBSITE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THESE TERMS AND AGREEING TO BECOME BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, THEN DO NOT USE THIS WEBSITE OR ANY OTHER SERVICES, DO NOT SIGN UP FOR AN ADMISSION PASS, AND DO NOT SUBMIT A REQUEST FOR INFORMATION FORM OR CONTACT FORM.
These Terms of Use (“Terms“) explain the contractual relationship between American Consumer Shows, LLC (“Company“, “we“, “us“, or “our“) and you (“you”, “your”, “user”) regarding your use of, and access to, our website located at: https://www.acsshows.com/ and any other website of ours associated with a specific consumer show (“Website“) and the services, including without limitation all features and functionality thereof and updates thereto, and offerings made available to you through our Website, or other mobile resources, such as an “Admission Pass” which provides you with entry to the specified consumer show hosted, managed or otherwise put on by us (“Show“). The foregoing services, together with the Website, are the “Services“. These Terms include our Privacy Statement, located at: https://www.acsshows.com/legal/privacy-policy, and together with these Terms govern your access to and use of the Services.
User Obligations
By accessing the Website or using the Services, you are agreeing that you are a resident of the United States who is at least eighteen years of age and that you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you are prohibited from using or accessing the Website, using the Services, or signing up for an Admission Pass to any of Company’s Shows. If you do not agree with these Terms, you should immediately leave this Website, discontinue your use of any Services, and not seek any further access to this Website or any Show or Service.
Permission is granted to temporarily download one copy of the materials (information or software) on our Website for personal, non-commercial transitory viewing only. In using the Website, you may not:
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to reverse engineer, decompile or disassemble any portion of the Services;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person or “mirror” the materials on any other server;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise mining any portion of the Services;
- violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities;
- violate or attempt to violate the security of the Services;
- unduly burden or interfere with the functionality of the Services;
- remove, circumvent, disable, damage or otherwise interfere with security features of the Services.
Intellectual Property Rights/Ownership
Subject to your compliance with these Terms, you may access and use the Services on a computer, tablet device or mobile phone that you own or lawfully control. All materials contained on, in, or available through the Services, including all text, designs, trademarks, logos, audio clips, photographs, images, videos, graphics, data, information, source code, software compilations, and other materials, including the selection and arrangement thereof (“Content”) are protected by copyright, trademark, trade dress, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof inherent in or appurtenant to the Content, whether registered or not, are our sole property or the property of our third-party contributors, if any. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. Unless expressly granted herein, all rights in and to the Content is reserved to us and our third-party contributors.
Suspension; Termination
We may terminate your access to the Services, without notice, for conduct we believe violates these Terms, our policies, or is harmful to our business interests.
We also reserve the right to suspend or cease providing the Services, with or without notice, and we shall have no liability or responsibility to you if we do so.
Disclaimer of Warranties
THE SERVICES AND OUR SHOWS ARE PROVIDED “AS IS”. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATIONS OF RIGHTS.
FURTHER, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY, AND PERFORMANCE OF THE SERVICES, AND ACKNOWLEDGE THAT THE SERVICES MAY BE CHANGED FROM TIME TO TIME IN OUR SOLE DISCRETION. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY WEBSITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
By using the Services, you agree to defend, indemnify and hold us, our affiliates, partners, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services including without limitation the creation, placement or transmission of any message, information, software or other materials through the Services by you or related to any violation of these Terms by you (collectively, “Indemnified Matters“). We shall control the defense of any Indemnified Matters through counsel of our choice.
Limitation of Liability
- IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SERVICES OR YOUR USE OF OR INABILITY TO USE THE WEBSITE AND/OR SERVICES. OUR AGGREGATE LIABILITY TO YOU FOR ANY REASON IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Which laws apply to these Terms and how we will resolve any legal dispute between us:
- U.S. Jurisdiction.The Services are controlled and operated by us from the United States and are not intended to subject Company or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Services or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
- Governing Law. These Terms, your use of the Services, and our relationship, including any claim you bring against Company, shall be governed by the laws of the State of New York, without regard to its conflicts of law principles.
Dispute Resolution and Class Waiver
- What claims must be arbitrated. Except as provided below in this “Dispute Resolution and Class Waiver” section, you and Company agree that any cause of action, legal claim, or dispute arising out of or related in any way to these Terms or your use of the Services (“claim(s)”), regardless of whether the claim is preexisting or arises in the future, including claims by or against your and Company’s respective past, present, and future affiliates or agents, must be resolved by arbitration on an individual basis before JAMS. This arbitration provision is governed by the Federal Arbitration Act. By agreeing to arbitrate, you and Company waive the rights to sue in court and trial by jury.
- What claims won’t be arbitrated. Instead of using arbitration, you or Company can bring claims in your local “small claims” court, but if the action is removed or appealed to a court of general jurisdiction, then the claim(s) must be arbitrated. In addition, only a court can resolve issues relating to the scope and enforceability of the arbitration provision or whether subsection (c) (requiring individual arbitration) or subsection (d) (requiring pre-arbitration notice of disputes and settlement discussion) have been violated.
- Arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and Company may bring a claim only on your or Company’s own behalf and cannot seek relief that would affect others. Nor may an arbitrator consolidate arbitrations unless all parties agree. If there is a final judicial determination that an issue cannot be arbitrated in accordance with this subsection’s limitations, then that issue will be decided by a court after all other issues are arbitrated.
- Notice of claims and informal settlement discussions before arbitration. Before commencing arbitration, the claimant must provide the other party with a written Notice of Dispute that includes (i) the claimant’s company name, phone number, email, and mailing addresses; (ii) a detailed description of the dispute and the legal basis for the claims; (iii) the specific relief sought; and (iv) the claimant’s signature. Any Notice of Dispute you send to Company should be mailed to ACS, 6901 Jericho Tpke., Suite 250, Syosset, NY 11791 (“Notice Address”). Any Notice of Dispute Company sends to you will be sent to your mailing address, if you have provided it to Company, or by other appropriate means. Following receipt of a valid Notice of Dispute, the recipient will have 60 days to investigate the claim. During that period, either party may request an individualized discussion (by phone call or videoconference) regarding settlement, which shall take place at a mutually agreeable time (which can be after the 60-day period). You and your legal or business representative (or outside counsel) must personally participate, unless otherwise agreed in writing. Your lawyers (if any) also can participate. If you and Company are unable to resolve a dispute within the later of 60 days from when either party received valid Notice of Dispute or the date of the individualized discussion regarding settlement (if timely requested), either party may start arbitration proceedings. The Notice of Dispute and discussion requirements are essential to give the parties a meaningful chance to resolve disputes informally. If any aspect of these requirements has not been met, a court can enjoin the filing or prosecution of an arbitration or the assessment of any arbitration fees. In addition, unless prohibited by law, the arbitration provider cannot accept, administer, or assess fees for such an arbitration. The submission of a valid Notice of Dispute will toll the statute of limitations for the claims and relief identified in the Notice of Dispute until the later of 60 days from when either party received Notice of Dispute or the date of the individualized discussion regarding settlement.
- How arbitration works. The arbitration will be administered by JAMS under its then-current Streamlined Arbitration Rules and Procedures and (where applicable) Mass Arbitration Procedures and Guidelines (“JAMS Rules”), as modified by this arbitration provision. The JAMS Rules are available at jamsadr.com or by writing to the Notice Address. If JAMS cannot or will not administer the arbitration in accordance with this arbitration provision, another arbitration provider will be selected by the parties or, if there is no agreement, by the court. At the request of any party, the arbitrator will rule on motions to dismiss or for summary judgment. The arbitrator may consider rulings in arbitrations involving other exhibitors, but an arbitrator’s rulings will not be binding in proceedings involving different exhibitors. Except as provided in subsection (c), the arbitrator can award the same relief that a court can award under applicable law, including sanctions against any represented party or counsel permitted under JAMS Rules, Federal Rule of Civil Procedure 11(b), or other applicable law.
- Costs of arbitration. The applicable JAMS Rules will govern the allocation and payment of all JAMS or arbitrator fees. If you cannot pay your share of the fees, you may request a fee waiver from JAMS. If JAMS refuses to waive them, Company will consider in good faith any written request to the Notice Address to pay your share of the fees, so long as you have fully complied with subsections (c) and (d). In all cases, the arbitrator may reallocate these fees in accordance with the JAMS’s rules regarding frivolous or improper claims or vexatious litigation or if the arbitrator determines that you or Company have violated the standards of Federal Rule of Civil Procedure 11(b).
- How to opt out of arbitration. You can opt out of arbitration within 30 days of the date that you first agreed to these Terms (including any earlier version). If you have previously agreed to arbitration, then you may opt out of revisions to the arbitration provision within 30 days of first receiving notice of those revisions, in which case the prior version of the arbitration provision will apply. To opt out, you must send Company your name, company name, mailing and email address, and phone number, and a statement personally signed by you that you want to opt out of arbitration (or of revisions to the arbitration provision). That information must be sent to this address: American Consumer Shows, LLC, 6901 Jericho TPKE, Ste. 250, Syosset NY, 11791.
- What court will hear claims. For any claim that is not arbitrated or resolved in small claims court (including proceedings over the enforcement of this arbitration provision), you and Company agree that it will be resolved exclusively in the state and federal courts in New York. You and Company also agree to submit to the personal jurisdiction and venue of these courts for the purpose of litigating any such claim.
- Prevailing Party. In any suit, action, or proceeding between the parties to these Terms and Conditions other than as set forth in sections (a)-(h) above, the prevailing party shall be entitled to recover its attorneys’ fees and costs from the other party hereto, along with the fees and costs associated with any collection efforts in that regard.
Links and Third-Party Content
These Services may contain links to other websites and/or other third-party content. These links are provided solely for your convenience. We do not undertake any obligation to review or monitor any third-party websites linked from or to the Services and do not make any representations or warranties with respect to such third-party websites. We are not responsible for the contents of any such linked websites and will not be liable in any respect for any damages arising from your access of such websites. The inclusion of any link does not imply endorsement, representation, or warranty by us with respect to any such website or the content or services contained through such websites. Your communications and interactions with such third parties are solely between you and them and are at your own risk.
Modifications to these Terms
We may revise these Terms at any time without notice. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. By using the Services you are agreeing to be bound by the then current version of these Terms.
General
- If a court or Arbitrator finds a part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing these Terms, we can still enforce them later. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision at a later date.
- Integration. These Terms and the Privacy Statement constitute the entire understanding between you and us with respect to the Services and revokes and supersedes all discussions, communications, conversations, and agreements concerning the subject matter hereof.
- Assignment. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Contact us
- Contacting us with questions about these Terms or our Privacy Statement. All questions regarding these Terms or our Privacy Statement should be sent to: info@acsshows.com or to: American Consumer Shows, LLC, 6901 Jericho TPKE, Ste 250, Syosset, NY 11791.
- How we will communicate with you. If we have to contact you, we will do so by email using the contact details you have provided to us.
