TERMS OF USE

Last Modified May 13, 2024

Thank you for visiting American Consumer Shows, LLC’s website.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS WEBSITE OR SIGNING UP FOR AN ADMISSION PASS.

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.

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 DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. 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, DO NOT SIGN UP FOR AN ADMISSION PASS, AND DO NOT SUBMIT A REQUEST FOR INFORMATION FORM OR CONTACT FORM.

User Obligations

By accessing the 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 these Terms, you are prohibited from using or accessing the Website 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 and not seek any further access to this Website or any Show.

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:

1. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
2. modify or copy the materials;
3. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
4. attempt to reverse engineer, decompile or disassemble any portion of the Services;
5. remove any copyright or other proprietary notations from the materials;
6. transfer the materials to another person or "mirror" the materials on any other server;
7. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise mining any portion of the Services;
8. violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities;
9. violate or attempt to violate the security of the Services;
10. unduly burden or interfere with the functionality of the Services
11. 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, EXPRESSED 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

1. 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, YOUR USE OR THE INABILITY TO USE THE SERVICES. OUR AGGREGATE LIABILITY TO YOU FOR ANY REASON IS LIMITED TO FIFTY DOLLARS. 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.
2. OUR MAXIMUM LIABILITY TO ANY PERSON, FIRM OR CORPORATION WHATSOEVER ARISING OUT OF OR IN THE CONNECTION WITH THE WEBSITE OR ATTENDANCE AT ANY SHOW, SHALL IN NO CASE EXCEED ONE HUNDRED U.S. DOLLARS ($100). 

Which laws apply to these Terms and how we will resolve any legal dispute between us:

1. 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.
2. Governing Law. These Terms 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.

Arbitration

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against us on an individual basis in arbitration as set forth herein. This will preclude you from bringing any class, collective, or representative action against us, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against us by someone else.

You and Company agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Company, and not in a court of law. Such arbitration shall take place in the County of New York, State of New York unless otherwise agreed.

You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect. The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of this Section is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties.

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 this Website you are agreeing to be bound by the then current version of these Terms.

General

1. 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.
2. 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.
3. 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.
4. 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

1. 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,
2. 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.