PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS WEBSITE OR SIGNING UP FOR AN ADMISSION PASS.
THIS SET OF TERMS AND CONDITIONS (THE “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND AMERICAN CONSUMER SHOWS.
IMPORTANT: THESE TERMS CONTAIN AN ARBITRATION PROVISION, A CLASS ACTION WAIVER AND LIMIT YOUR RIGHTS. READ THESE TERMS CAREFULLY BEFORE ACCESSING THE WEBSITE OR SIGNING UP FOR AN ADMISSION PASS. THESE TERMS CONTAIN WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING TO USE 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 AND DO NOT SIGN UP FOR AN ADMISSION PASS.
- "American Consumer Shows,” “Us,” “We” “Company” or “Our” means American Consumer Shows, LLC, a corporation, with an address of 6901 Jericho Turnpike, Suite 250, Syosset, NY 11791.
- “You” means you, either an individual or, if used or otherwise acquired by or for an entity, that entity.
- “Admission Pass” means any admission pass or entry ticket for any show hosted, managed or otherwise put on by Us.
- “Show” means any event hosted, managed, or otherwise put on by Us.
- “Website” means https://www.acsshows.com/ and any site developed for or associated with a specific Show or any site controlled by us which lists Shows.
By accessing this Website, 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 any of these terms, you are prohibited from using or accessing this site or signing up for an Admission Pass to any American Consumer Shows Show. If you do not agree with any of these terms, you should immediately leave this Website and not seek any further access to this Website or any Show. The materials contained in this Website are protected by applicable copyright and trademark law.
Permission is granted to temporarily download one copy of the materials (information or software) on any Shows' Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on any Shows' Website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by American Consumer Shows at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on our Website and at our Shows are provided "as is". American Consumer Shows makes no warranties, expressed or implied, and hereby disclaims and negates 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, American Consumer Shows does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or provided at its Shows or otherwise relating to such materials or on any sites linked to this site.
Limitations to our liability
- In no event shall American Consumer Shows, it employees, agents, board members, exhibitors and sponsors be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on any Shows' Website, even if American Consumer Shows or an American Consumer Shows authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- LIMITATION OF LIABILITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE CONSIDERATION WHICH YOU PROVIDE HEREUNDER, WHICH MAY INCLUDE THE PROVISION OF YOUR PERSONAL INFORMATION, DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY US OF THE RISK OF YOUR CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR YOUR ATTENDANCE AT ANY SHOW. ACCORDINGLY, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR YOUR ATTENDANCE AT ANY SHOW. Any provision herein to the contrary notwithstanding, our maximum liability to any person, firm or corporation whatsoever arising out of or in the connection with this website or attendance at any Show, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed ONE HUNDRED DOLLARS ($100). The essential purpose of this provision is to limit Our potential liability arising out of these Terms, Website, and Shows. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with these Terms and any Show and that, were we to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
Which laws apply to these Terms and how we will resolve any legal dispute between us:
- Governing Law. These Terms and our relationship, including any claim you bring against American Consumer Shows, shall be governed by the laws of the State of New York, without regard to its conflicts of law principles.
- Arbitration and class Action Waive EXCEPT WHERE PROHIBITED BY LAW, YOU AND AMERICAN CONSUMER SHOWS AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND AMERICAN CONSUMER SHOWS (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other), ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, relating to THIS WEBSITE, ANY SHOW, any transaction or relationship between us resulting from your ATTENDANCE AT ANY SHOW OR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A NEW YORK STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
- The following arbitration procedures shall apply: In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail and shall describe in such notice, with reasonable particularity, the nature and basis of such claim and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein. The arbitration will be governed by the Rules of the American Arbitration Association (“AAA”) and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at www.adr.org. Unless otherwise agreed, the arbitration shall take place in the State of New York, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
- BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, these Terms. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS A CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
- Agreeing to this Arbitration Provision is not a mandatory condition of your contractual relationship with the Company. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision. To do so, within 30 days of the date that these Terms are electronically accepted by you, you must send a written notice to the address provided below stating your intent to opt out of this Arbitration Provision, as well as your name, address and the email associated with your account. A letter sent by your agent or representative (including your counsel) shall not be effective. Your letter may opt out yourself only, and any letter that purports to opt out anyone other than yourself shall be void as to any others. Should you not opt out of this Arbitration Provision within the 30-day period, you and the Company shall be bound by the terms of this Arbitration Provision.
- You will not be subject to retaliation if you exercise your right to opt out of this Arbitration Provision. If you opt out of this Arbitration Provision and at the time of your receipt of these Terms you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of this Website or attendance at a Show, that existing arbitration agreement will remain in full force and effect. Neither your acceptance of these Terms nor your decision to opt out of this Arbitration Provision will affect any obligation you have to arbitrate disputes not specified in this Arbitration Provision pursuant to any other agreement you have with the Company.
- CLASS ACTION WAIVER. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Revisions and Errata
The materials appearing on American Consumer Shows' Website or provided at our Shows could include technical, typographical, or photographic errors. American Consumer Shows does not warrant that any of the materials on its Website or provided at its Shows are accurate, complete, or current. American Consumer Shows may make changes to the materials contained on its Website or provided at its Shows at any time without notice. American Consumer Shows does not, however, make any commitment to update the materials.
American Consumer Shows has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by American Consumer Shows of the site. Use of any such linked Website is at the user's own risk.
Modifications to these Terms
American Consumer Shows may revise these Terms at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms.
- If a court 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. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your violating these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Integration. These Terms constitute the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to these Terms. These Terms shall take precedence over any other documents that may be in conflict therewith.
- 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.