Terms and Conditions

1.  Terms

These Terms and Conditions of Use (these “Terms”) apply to your use of this Tradeshowoverflow.com website (the “Website”) owned by TRADESHOWOVERFLOW LLC (“TSO”).  Please read these Terms carefully and do not use this Website if you do not agree to these Terms.  By using the Website, you represent, warrant and agree that you are at least eighteen (18) years old, and that you have read, agree to and accept these Terms.  

 

TSO reserves the right, in its sole discretion, to revise, add to, delete from, edit and/or otherwise update these Terms at any time, which changes shall be effective at the time they are posted to this Website. It is your responsibility, and we encourage you, to review these Terms on a regular basis.  TSO also reserves the right to suspend, interrupt or terminate operation of this Website at any time in TSO’s sole discretion.

 

Privacy Policy

These Terms incorporate the Website’s Privacy Policy.  The Privacy Policy can be found in full on this Website and is included as part of these Terms in its entirety.

 

2.  Services

This Website may be used by you (i) to purchase products and/or services from third parties (“Third Party Products”), (ii) to sell or provide products and/or services to third parties, and/or (iii) to purchase space on this Website from TSO to place classified ads, and/or to advertise your business, products, employment opportunities and/or post similar ads (the “Advertising Services”). All transactions between buyers and sellers of Third Party Products, including but not limited to pricing, payment arrangements, creditworthiness, shipments, timing, refunds and other elements of sale, are solely between the buyers and the seller of the Third Party Product, and TSO does not guarantee or warrant any of the foregoing.  TSO is not a party to such transactions and is not responsible or liable in any way whatsoever with respect to such transactions.  TSO does not guarantee or warranty, and does not verify, the condition, quality, legality or safety of any Third Party Products or any descriptions of such Third Party Products. In the event of any dispute between you and the seller of a Third Party Product, you agree that TSO is under no obligation to assist or participate or otherwise become involved.  Prices for listings on the Website may not include applicable taxes and the purchaser (and not TSO) shall be solely responsible and liable for the payment of all such taxes.

 

All orders for Advertising Services from TSO are subject to the approval and acceptance of TSO and TSO reserves the right to reject any order, in whole or in party for any reason in TSO’s sole discretion.  Some Advertising Services are free of charge and some require payment of a fee to TSO.  Prices for Advertising Services are those in effect at the time of the order and do not include taxes, if applicable, which will be added to your order and are your responsibility. Please wee our listing of Advertising Services and pricing here: www.tradeshowoverflow.com.  Payment for Advertising Services may be made by [Visa/Amex/MC/Paypal]. TSO will charge your payment method at the time the order is placed.  Advertising Services are based on a daily, weekly, monthly or multiple month basis and TSO will not offer a refund if you elect to cancel the purchased Advertising Services prior to the end of the applicable period.  Fees collected are non-refundable.

 

3. Intellectual Property and Ownership

Except for Your Content (defined below), the names, logos, copyrights, trademarks, images, software, videos, text, graphics, messages, designs, codes and other content and materials (collectively, the “TSO Property”) are owned, controlled and/or licensed by TSO, are the property of TSO, and are protected by various intellectual property rights laws.  You may not remove or change any intellectual property rights notices, revise any such information, or make any representations or warranties regarding the TSO Property. TSO does not grant you any license or any ownership or license in or to any of the TSO Property in any manner whatsoever.  No TSO Property or any part of this Website may be reproduced, displayed, copied, published, sold, or otherwise distributed by you in any way for any commercial purpose, in violation of any applicable laws or otherwise, including but not limited to any U.S. export control laws and regulations.

4. Third Party Websites

This Website may provide links to other websites that are not owned, operated, controlled or monitored by TSO, and that are owned and/or operated by companies or persons that may be either affiliated or unaffiliated with TSO (collectively, “Third Party Websites”). The links to Third Party Websites are provided to you solely as a matter of convenience and for informational purposes and are completely independent of TSO. TSO does not control, endorse or make any representation about Third Party Websites and TSO is not responsible for and disclaims all warranties, express or implied, as to the privacy, content or security of such Third Party Websites and/or the products and services offered on such Third Party Websites.  You are responsible for reviewing the policies and the terms of use of such Third Party Websites. All advertisers, vendors and service providers identified on this Website are independent businesses and such parties determine in their sole discretion their own products, services and the prices for such products and services.  
PLEASE SEE SECTION BELOW ENTITLED “CONSUMER PROTECTION NOTICE” FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.

5. Information Submitted by You

Except for personally identifiable information described in this Website’s Privacy Policy, any information, materials or other communications (“Submitted Information”) you submit to TSO, whether through this Website or otherwise, shall be deemed and treated as non-confidential and non- proprietary. By using this Website, you acknowledge and agree that internet transmissions are never completely private or secure and that any Information you send or submit may be intercepted and read by third parties.  TSO shall not have any obligation or responsibility with respect to such Submitted Information and shall have the right to copy, edit, disclose, publish, post or otherwise use such Submitted Information, anywhere in the world in perpetuity, without compensation to you. Please do not send TSO any unsolicited materials or ideas through this Website or otherwise as TSO does not wish to receive them.

 

By purchasing Advertising Services, you agree that you are the owner of all of the images, videos, messages, files, postings, advertisements, offers, passwords, and any other content and materials submitted to TSO and/or transmitted through the Website (collectively, “Your Content”); that Your Content is accurate, complete, not misleading, and does not involve “bait and switch” tactics; that you have obtained any and all necessary written authorizations from third parties necessary to post Your Content on the Website, including but not limited to model releases, music licenses and or property licenses; and that you have the full right and authority to permit TSO to post Your Content on the Website, including but not limited to any and all trademarks, copyrights, other intellectual property and/or proprietary rights displayed in Your Content.  You hereby grant to TSO the non-exclusive, worldwide, perpetual, royalty-free, fully paid-up right and license to display, reproduce, transmit, exhibit, edit, format, publish, distribute, sublicense and/or otherwise use Your Content for purposes of this Website and/or the Advertising Services.  

 

You represent, warrant and agree that you shall not make any of Your Content available which is: (i) false, fraudulent, or misleading; (ii) harmful, threatening, harassing, defamatory, pornographic or otherwise inappropriate; (iii) defamatory, discriminatory, infringing or otherwise in violation of any applicable laws, rules and/or regulations; and/or (iv) contains any viruses or other computer programming which damages, disables, interrupts and/or provides unauthorized access to any system or data of TSO or any third party.

 

TSO reserves the right to remove, edit, delete, move or refuse any of Your Content which violates the foregoing requirements and/or for any other reason whatsoever.
 

6. Disclaimer of Warranties and Limitation of Liability

TSO does not represent or warrant that this Website is free of viruses, uninterrupted or error free, or that defects will be corrected, or that the Website will be continuously available for use, or that the Website will provide specific results.  TSO provides this Website and the Services, including but not limited to all of its content, on an “as-is” basis.  To the fullest extent permitted by law, TSO disclaims all warranties, express or implied, of any kind, including without limitation, any warranties of performance, merchantability, fitness for a particular purpose, and/or non-infringement.  You are solely responsible for your use of this Website (including but not limited to the Services) and the results therefrom.  Your sole remedy against TSO for any dissatisfaction with this Website or any content contained in or accessible from this Website is to stop using this Website. In no event shall TSO be liable for any special, incidental, direct, indirect, punitive or consequential damages arising out of this Website (including but not limited to the Services), your use or inability to use this Website, and/or any content contained on this Website, even if TSO has been advised of the possibility of such damages. Notwithstanding the limitations above, in no event shall TSO’s total liability to you for any and all damages, losses, liabilities and/or causes of action exceed $100USD.


PLEASE NOTE THAT SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
 

7. Indemnification

You agree to be liable and to indemnify TSO and its affiliates, licensors, licensees and their officers, directors, members, employees and agents from and against any and all claims, actions, liabilities, damages, costs and expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to (i) your breach of these Terms including without limitation any representations and/or warranties contained in these Terms, (ii) your misuse of this Website (including but not limited to the Services), and/or (iii) any infringement, violation or misappropriation of any trademarks, copyrights, patents, privacy rights, publicity rights, other intellectual property and/or proprietary rights of any third party.

PLEASE SEE SECTION BELOW ENTITLED “CONSUMER PROTECTION NOTICE” FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.


 

8. Infringement

If you believe that your intellectual property rights have been infringed or violated by any material on this Website, in violation of the Digital Millennium Copyright Act or otherwise, please send notice to TSO at www.info@tradeshowoverflow.com or mailed to TSO at the following address: 10658 Solar Hawk Ave, Las Vegas, NV 89129.  In addition to your name, phone number and email address, your notice must include the specific materials, your representation of ownership, and other details sufficient for TSO to investigate your claim.
 

9. Governing Law, Jurisdiction and Time to File Claims

You agree that these Terms and any dispute or action relating to this Website including but not limited to the Services shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles. You agree that any disputes, claims or controversies relating to this Website including but not limited to the Services and/or the enforcement of any of TSO’S intellectual property rights shall be filed, and that venue shall exist only in the state or federal courts located in Las Vegas, Nevada, and that you consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such disputes, claims or controversies. You also agree that notwithstanding any laws or statues to the contrary, you will assert any claim within one (1) year after the claim arises, or such claim will be barred. 

PLEASE SEE SECTION BELOW ENTITLED “CONSUMER PROTECTION NOTICE” FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.
 

10. Dispute Resolution

Except for any disputes, claims or controversies relating to the enforcement of TSO’s intellectual property rights, you and TSO agreed that any legal or equitable claim, dispute or controversy relating to or arising from your use of any of this Website including but not limited to the Services and/or the interpretation, enforceability or applicability of these Terms will be resolved as follows and that you waive your right to a trial by jury.  You and TSO will first attempt to promptly resolve the claim informally.  The complaining party shall send the other a written notice of the claim, which states the name, address and contact information of the party sending the notice of claim and the fact and other relevant information regarding the claim, and the party’s proposed resolution of the Claim.  Notices to TSO shall be sent to 10658 Solar Hawk Ave, Las Vegas, NV 89129..  TSO will send you any notice of claim to the contact information that TSO has for you.  In the event a Claim is not resolved within 60 days after either you or TSO as the case may be, receives a notice of the claim from the other, you or TSO can request arbitration. Notwithstanding the requirement to arbitrate all claims, you may commence an individual claim in small claims court.  In the event you and TSO do not resolve the claim informally within 90 days or in small claims court, then at TSO’s election, the claim shall be settled by binding arbitration before a neutral arbitrator.  

 

11. CONSUMER PROTECTION NOTICE; EXCLUSIONS AND LIMITATIONS

IF YOU ARE A CONSUMER, THE PROVISIONS IN THESE TERMS AND CONDITIONS OF USE ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF YOUR STATE OF RESIDENCE.  IF YOU ARE A NEW JERSEY CONSUMER, THE TERMS OF SECTIONS 4, 6, 7 and 9 DO NOT LIMIT OR WAIVE YOUR RIGHTS AS A CONSUMER UNDER NEW JERSEY LAW AND THE PROVISIONS IN THESE TERMS AND CONDITIONS OF USE ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAWS OF THE STATE OF NEW JERSEY. IN ANY EVENT, TSO RESERVES ALL RIGHTS, DEFENSES AND PERMISSIBLE LIMITATIONS UNDER THE LAW OF YOUR STATE OF RESIDENCE. 

 

12. Miscellaneous

A.     Enforceability. You agree that these Terms will be enforceable by TSO and our successors and assigns against you and your heirs, minors, successors, and assigns. You agree that if any provision within these Terms is found to be void or unenforceable, it will not affect the validity of the balance of these Terms, which shall remain valid and enforceable. 

B.     Entire Agreement.  These Terms and any additions, changes, edits and/or revisions made thereto by TSO, constitute the entire agreement between you and TSO and supersede in their entirety any and all written or oral agreements previously existing between you and TSO. 

C.     No waiver.  Neither these Terms nor any provisions hereof may be modified, waived, amended, supplemented or discharged except by a document in writing signed by TSO, or as otherwise permitted herein. The failure to enforce at any time any of the provisions of these Terms shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of these Terms or the right thereafter to enforce one or more of the provisions thereof.  No waiver by either you or TSO, whether expressed or implied, of any provision of these Terms and any additions, changes, edits and/or modifications made by TSO, or any breach thereof, shall constitute a continuing waiver of such provision or a waiver of any other provision of these Terms.

D.  Export.  You agree that any import or export of products and/or services may be governed by relevant U.S. or foreign import/export laws and regulations, and you assume sole responsibility for complying with any and all of such laws and regulations, including but not limited to obtaining requisite licenses and approvals and/or paying any criminal and/or international penalties and costs.