TERMS OF SERVICE

 

1.         INTRODUCTION: This website, dfwcampexpo.com including its sub-domains and all feeds therein (individually and collectively, the “Site”), materials, goods, and/or services provided are published and maintained by DFW Family Directory, LLC (“Company”). Please read the following terms of service (“Terms”) fully and carefully before accessing, displaying, or using the Site, including making any financial transactions via the Site. These Terms constitute a legally binding agreement and exclusively governs the use of the Site by users (“you”, “your”). By accessing or using the Site, creating an account, or taking a similar action to signify your affirmative acceptance of these Terms (such as clicking on “I ACCEPT” when prompted on applicable pages on the Site), you unconditionally accept and agree to be bound by the Terms. If you are entering into these Terms on behalf of a company or other legal entity or individual, your acceptance represents that you have the authority to bind such third-party. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND AN APPLICABLE THIRD PARTY, THEN COMPANY IS UNWILLING TO GRANT YOU RIGHTS TO USE THE SITE, ESTABLISH AN ACCOUNT, OR PROVIDE YOU ANY GOODS AND/OR SERVICES RELATED TO THIS SITE.

 

2.         EFFECTIVE DATE: The Terms are effective as of and were last updated on December 20, 2021.

 

3.         YOUR AGE: If you are under 18 years of age, you are required to receive parental consent to use the Site at all times. In such an event, your parent or legal guardian is responsible for any and all activity you engage in on the Site at all times and is considered the ‘user’ of the Site under these Terms. By using the Site, you affirm you are over the age of 13 years old. No part of the Site is directed to or targets children younger than 13 years of age, and children younger than 13 years old are not permitted to use the Site. Company strongly urges all parents and legal guardians to monitor the Internet use of their children. Parents should be aware that there are parental control tools available from other sources on the Internet that you can use to prevent your children from accessing or submitting information online without parental permission. If Company learns that Company has collected Personal Data (as defined in Company’s privacy policy, see dfwcampexpo.com/privacypolicy) of a child younger than 13 years old, Company will take steps to delete such information from Company’s files as soon as commercially reasonably possible. Please direct any inquiries related to the following to privacy@dfwcampexpo.com.

 

4.         COMPANY’S INTELLECTUAL PROPERTY: As between you and Company, all right, title, and interest in and to the Site and its contents, including all content, graphics, images, materials, text, and videos, along with the selection, coordination, arrangement, and organization of the Site (individually and collectively, “Content”) is owned and/or controlled entirely by Company and protected under domestic and international copyright and other similar intellectual property laws. Company’s name, logo(s), and overall brand, including the trademark for DFW Camp Expo, are protected under various domestic and international trademark laws. You are not authorized to use Company’s Content, copyrights, whether registered or unregistered, or trademarks without Company’s express written authorization.

 

5.         GRANT OF RIGHTS: Subject to your full compliance with the Terms, Company grants you a limited license and permission to access and use the Site for its intended purposes. You shall not copy, capture, reproduce, remove, transfer, modify, manipulate, create derivative works from or based upon, republish, transmit, distribute, or exploit any Content unless otherwise expressly permitted by these Terms, under Company’s direction or instruction, or as permitted by law. Without limiting the foregoing, you are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon the site, its Services or content; (iii) “frame” or “mirror” any site, its Services or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or their enabling software for any purpose. Company reserves all rights in the Content. Upon termination of these Terms, all licenses and other rights granted by Company to you in these Terms will immediately cease (for the avoidance of doubt, all of your on-going obligations under these Terms shall survive).

6.         CONTENT; OFFERINGS: Company may add, change, discontinue, remove, or suspend any Content embodied on the Site, as well as the Site itself, at any time, without notice to you and without any liability. Company reserves the right, in Company’s sole discretion, to change how it operates the Site at any time for any reason whatsoever and to block, moderate, or remove Content at any time in Company’s sole discretion. Furthermore, Company reserves the right to add, delete, or change its products and/or services at any time without notice to You. Any changes to Company’s offerings shall not vest any right in You to alter any products and/or services that You have already purchased from Company.

 

7.         ALL SALES FINAL: You acknowledge that any and all sales for exhibitors and sponsorships are final. Sales for exhibitors and sponsorships will be non-refundable or unable to be changed. All sales for exhibitors and sponsorships are sold as-is.

 

8.         PRIVACY POLICY: Company’s privacy policy, a copy of which is available at dfwcampexpo.com/privacypolicy is incorporated into these Terms by reference. The Privacy Policy sets out, among other things, the terms on which Company processes any Personal Data Company collects from you, or that you provide to Company. As further set forth in the privacy policy, any personal information which Company collects on this Site will be stored and processed in Company’s servers located only in the United States. If you reside outside the United States, you consent to the transfer, storage, and processing of personal information outside your country of residence to the United States.

 

9.         COMPANY’S GOODS AND/OR SERVICES OFFERINGS: Company’s goods and/or services offered via the Site, are offered for sale as is and as available. Company may impose at any time quantity limits on any order, or reject all or part of an order, without prior notice. Company may change, discontinue, or remove goods and/or services offered via the Site at any time, without notice to you and without any liability.

 

10.       SITE USER’S GOODS AND/OR SERVICES OFFERINGS: Third-party goods and/or services may be advertised, marketed, promoted, and offered for sale via the Site. Company urges all users of the Site, including you, to be responsible about the use of this Site and any third-party transaction entered into as a result of information gained on the Site.  The Site provides an on-line database of contacts and/or marketplace to allow users advertise their goods and services on the Site. While Company may offer tools to allow users to communicate with each other and enter into agreements or other transactions, Company is not a party to any such agreements between users. This is true even if the Site allows you purchase or book a good or service. The Site merely acts as a resource to allow users to connect to enter into their own transactions. As a result, any part of an actual or potential transaction between users are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements with a third-party and it is your responsibility to negotiate and understand all such terms. Without limiting anything herein, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY THIRD-PARTY TRANSACTION), YOU HEREBY AGREE TO RELEASE, ABSOLUTELY AND FOREVER, AND DISCHARGE COMPANY, COMPANY’S AFFILIATIES, SUBSIDIARIES, PARENTS, SUCCESSORS, ASSIGNS, LICENSEES, DESIGNEES, AND PARTNERS, AND EACH OF THEIR OFFICERS, DIRECTORS, MEMBERS, STOCKHOLDERS, EMPLOYEES, REPRESENTATIVE, AGENTS, AND PERSONNEL, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”  

 

11.       USER SUBMISSIONS/GENERATED CONTENT: Certain aspects of the Site will allow you to submit materials to the Site, which may include your personal or company information, information regarding the goods and services you seek or offer, and your company’s intellectual property (“Your Content”). By submitting Your Content to Company or the Site, including emailing Company, filling in web-forms on the Site, posting audio and visual materials on Company’s social media pages (such as Instagram, Twitter, TikTok, or Facebook), or using Company related hashtags (such as #DFWcampexpo), you grant to Company an irrevocable, royalty-free, perpetual, sub-licensable, transferrable, and worldwide right and license, without any obligation or liability to you whatsoever, to use Your Content for any Company related purpose, including the right to display, distribute, edit, exploit, modify, publicly perform, publish, create derivative works, or otherwise use Your Content in any and all media in any format. For the avoidance of doubt, Company may use Your Content with no notice to you and without owing any consideration to you. If you wish to keep Your Content private or proprietary, please do not transmit any of Your Content to Company. Notwithstanding anything to the contrary contained herein, including in Company’s privacy policy, if you post, upload, or transmit Your Content to the Site, Company will not treat information such of Your Content as private or confidential.

 

12.       CONTESTS: In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Contest”) made available by Company may have specific rules that are different from these Terms. By participating in a Contest, you agree to and will become subject to any specific Contest terms and conditions. Company urges you to review the rules before you participate in a Contest. In the event of any conflict between any the terms and conditions of a Contest and these Terms, the rules pertaining to such Contest will take priority over these Terms solely for that given term or condition. Some event raffles may be non-paid and excluded from contest rules. Those event raffle rules will be provided to You at the event. Contest winners will be published on our Site dfwcampexpo.com.

 

13.       THIRD PARTY LINKS: The Site may contain information, links, or embedded material to third party content which Company may have not reviewed, including built-in dashboards to third party services. Company linking, embedding, or otherwise using such third-party content and services does not imply an advertisement or endorsement of any good, service, product, or otherwise provided by such third party. Company is not responsible for any third-party content linked or embedded to or from the Site and expressly disclaims, without limitation, any responsibility for any third-party content, the accuracy of any information found on any third-party website, social channel, or platform, or the quality of products of services provided by or advertised on such third-party website, social channel, or platform. Your use of any third-party content is at your own risk, and subject to the terms and conditions of such third-party’s website, social channel, platform, service, applications, product, or service. Company encourages you to review the terms and conditions and privacy policy of any third-party website, social channel, platform, service, or application that you visit and be aware that a third-party website, social channel, platform, service, or applications may collect your personal information and Company is not able to control any third party’s use of such technologies or how any third party manages the information gathered from such technologies. For more information, please see Company’s privacy policy found at  dfwcampexpo.com/privacypolicy.

 

14.       SECURITY: As further set forth in Company’s privacy policy, available at dfwcampexpo.com/privacypolicy, Company is committed to protecting your privacy in accordance with applicable laws and regulations, including via encryption methods Company deems suitable. Notwithstanding the foregoing, no electronic or other transmission of information to Company can be guaranteed to be 100% safe and Company cannot and does not ensure or warrant the security of any information you transmit to Company. Nonetheless, Company believes the measures Company has implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. You acknowledge all information and materials you transmit to Company is done at your own peril. You shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of your Internet connection.

 

15.       CONFIDENTIALITY: You agree that all non-public information that Company provides to you regarding Company’s services, including Company’s pricing, marketing methodology, and business processes, is Company’s proprietary confidential information. You agree to use this confidential information only for purposes of exercising your rights as a potential licensee, partner, or affiliate of Company, and to not disclose this information to any third-party.

 

16.       FORCE MAJEURE. Without limiting any other provision herein, Company shall not be liable for damages of any kind, under any legal theory, arising out of or in connection with any claim for losses or injuries resulting from events beyond Company’s control, including for any delay or failure of delivery of access to the Site,  including, acts of god, acts of civil or military authority, pandemics, the application of security or health-related regulations imposed by any governmental authority, fires, earthquakes, tornados, hurricanes, riots, wars, embargoes, Internet disruptions, hacker attacks, communications failures, work stoppages or other labor disputes.

 

17.       REPRESENTATIONS AND WARRANTIES: You represent and warrant the following:

 

            i.          You accept and agree to abide by all of the terms and conditions contained herein and you represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all of the Terms. You acknowledge that you are at least 13 years of age and if under 18 years of age, you have, and will have at all times, have your parent or legal guardian’s consent in regards to your access and use of the Site.

            ii.         Your access of use of the Site constitutes your acknowledgement and acceptance that your activities in regards to the Site are lawful in every jurisdiction where you access or use the Site. You agree to comply with all laws, rules and regulations (federal, state, local, and provincial) applicable to your use of the Site and Your Content;

 

            iii.        You agree that your use of the Site, including uploading Your Content, will not violate any law, regulation, or right of any third-party, including any copyright, trademark, patent, trade secret, publicity, or privacy law. You expressly warrant and represent that you have all necessary licenses, rights, consents, and permissions to Your Content. You agree you are not authorized to use the Site or Company’s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, violent, nude, partially nude, discriminatory, or pornographic material, or any other material which Company deems to be objectionable (in Company’s sole discretion). You are responsible for all content and information shared with other users on the Site and Company is not a party to any agreement between users of Site. All transactions occurring between users is done so at your own risk;

 

            iv.        You will not interfere with any third party’s use and enjoyment of the Site, including sending unsolicited emails or “spam” messages or contact any other visitor or user of the Site for any illicit purpose or who has requested not to be contacted. You understand it is strictly prohibited to post or transmit, directly or indirectly, any unlawful, threatening, defamatory, obscene, or infringing material or impersonate any persons while using the Site;

 

            v.         You will not cause damage to the Site or impair the availability or accessibility of the Site in any way which is fraudulent, unlawful, illegal, or harmful, including modifying, adapting, bypassing, or hacking the Site to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s, or its users’, software, hardware or telecommunications equipment, uploading, posting, hosting, transmitting any code or materials of a destructive nature, or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Site or any goods or services provided by Company;

 

            vi.        You will not access the Site through unpermitted automated means, including use of scripts or web crawlers, present on this site, including agreeing to not to use the Site in excess of your authorized login protocols. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement;

 

            vii.       You are responsible for all costs associated with accessing or using the Site and you are responsible for any system software and/or hardware compatibility requirements for use of the Site;

            viii.      Company may refuse to offer the Site to any third-party and change any eligibility criteria at any time without notice in Company’s sole discretion; and

           

            ix.        You will not upload payment information to an account and/or use any debit card, credit card, or other form of payment on the Site, unless you have all necessary authorizations to do so.

18.       SITE MONITORING, DEFAMATION, AND COMMUNICATIONS DECENCY ACT NOTICE: Company reserves the right to monitor your access and use of the Site without notification to you. Company may record or log your use in a manner as set out in Company’s privacy policy, available at dfwcampexpo.com/privacypolicy. Notwithstanding the foregoing, Company does not monitor all content found on the Site or the content of any websites or mobile applications linked to the Site for offensive, indecent, objectionable, obscene, or unlawful content and is not liable to you for any such content. You acknowledge that through Company providing you with access to the Site, Company is not undertaking any obligation or liability relating to the Content. Without limiting the foregoing, this site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, Company’s liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. Company neither warrants the accuracy of third-party postings or exercises any editorial control over such posts, nor does Company assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

 

19.       SITE DISCLAIMER: This Site is made available “as is” and “with all faults.” Use of the Site, and engaging in transactions with other users of the Site, is entirely at your own risk and you should use your best judgment and exercise caution while using the Site and working with third parties. In accordance with the foregoing, Company, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written or oral, arising from a course of dealing, performance, usage of trade, or otherwise in connection with the Site and your use thereof, including, warranties of merchantability, fitness for a particular purpose, and non-infringement. Company explicitly does not warrant that the Site or any Content will meet your requirements. Company makes no guarantee that your use of the Site, and all other features or functionalities associated with the Site, or delivery or display of the Site, will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. Company is not responsible or liable to you for any outages due to a third-party failure relating to the Site, including your failure to log-in to your account due to an issue involving a third-party authenticator, like Facebook. Company will not be liable in the event others acting with or without your permission use your account and/or payment method to make purchases on the Site. You understand that the Site may contain inaccuracies, omissions, and delayed information and that Company is not liable to you for any such defect. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information within the Site is inaccurate at any time without prior notice (including after you have submitted an order). Company undertakes no obligation to update, amend or clarify information in the Site, including pricing information, except as required by law. No specified update or refresh date applied in the Site should be taken to indicate that all information in the Site has been modified or updated. Regardless, Company strives to provide accurate descriptions of all materials available on the Site and every attempt is made to provide you with complete, error-free, and accurate information. If you believe there are any inaccuracies or discrepancies, please contact Company at Laney@dfwcampexpo.com . Company specifically disclaims all liability for damages arising out of agreements entered into between you and another user of the Site. NOTWITHSTANDING THE FOREGOING, IF ANY IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

20.       LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, Company shall not be liable to you or any third-party for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, loss of data, loss of business or anticipated savings, loss of use, loss of goodwill, or other damages which are in any way related to your use of the Site, regardless of legal theory (including, but not limited to contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Company has been advised of the possibility, foreseeability, or probability of such damages, and even if the remedies otherwise available fail for their essential purposes. UNLESS OTHERWISE PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN COMPANY AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND/OR YOUR USE OF THE SITE AND PRODUCTS WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).

 

21.       INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Company, Company’s affiliates, subsidiaries, parents, successors, assigns, licensees, designees, and partners, and each of their officers, directors, members, stockholders, shareholders, employees, representatives, agents, and personnel, from and against all claims, actions, suits, liabilities, damages, costs, and expenses (including reasonable attorney’s fees and legal costs) arising out of or incurred in connection with: (i) your breach or alleged breach of these Terms; (ii) Your Content; (iii) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including without limitation, all regulatory, administrative and legislative authorities; (v) your use of the Site; and (vi) your negligence or willful conduct in regards to these Terms; all of the foregoing to the fullest extent permitted by applicable law. Notwithstanding anything to the contrary contained herein, this indemnification obligation shall survive these Terms and your use of the Site. Company reserves the right to take over the exclusive defense of claims for any claim any of the foregoing is entitled to indemnification, and in such an event, you shall provide prompt and reasonable cooperation to Company or its designees. You will not in any event settle any claim any of the foregoing is entitled to indemnification for, without the prior written consent of Company.

 

22.       USE IN UNITED STATES: This Site is intended for use only from within the United States. Company does not represent that this Site is appropriate for use elsewhere. Access to this Site from locations where its contents are illegal is not authorized.

 

23.       EVENT DAY FOR EXHIBITORS: Exhibitors will be permitted to set up their exhibition spaces from 8:00 a.m. on the day of the event and must finish setup prior to the event start time. Exhibitors must finish breaking down their exhibition spaces by 3:00 p.m. on the day of the event. Exhibitors will be permitted to use the designated loading and unloading area, but shall be prohibited from using the designated loading and unloading area during the event time. Vehicles are only to be parked in the loading and unloading area for that specific purpose only, and must be parked in the parking lot once loading and unloading has been completed. The exhibition spaces shall be assigned to exhibitors by Company and will not be subject to change.

 

24.       ENTIRE AGREEMENT: These Terms (including Company’s Privacy Policy and any other associated documents referenced in these Terms) represent the entire understanding between Company and you, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to your use of the Site and all other subject matter contained herein. Notwithstanding the foregoing, Company may enter into separate written agreements with users of the Site regarding specific business arrangements, such agreements not superseding these Terms upon entrance unless expressly stated therein. If you are a United States governmental agency and have a need for rights not conveyed under these Terms, please contract Company to negotiate acceptable terms for transferring such rights.

 

25.       HEADINGS: Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms.

 

26.       BINDING AGREEMENT: The Terms shall be binding upon and inure to the benefit of Company and your respective assigns, successors, heirs, and legal representatives.

 

27.       MODIFICATION TO TERMS: The Terms cannot be modified or amended, except as expressly provided for herein. Company reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Company’s sole discretion, and such new Terms will immediately take effect upon Company posting such new Terms on the Site. You are encouraged to frequently visit the Site, specifically at dfwcampexpo.com/termsofservice to review the current Terms. Notwithstanding the foregoing, Company will attempt to notify you of any material changes to the Terms. Your continued use of the Site following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms. Any questions, requests for assistance, thoughts, or complaints regarding changes to the Terms can be directed to Company at: Laney@dfwcampexpo.com .

 

28.       ASSIGNMENT: The Terms are personal to you (or the company or other legal entity or individual you are entering into these Terms on behalf of), and are not otherwise assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may freely assign the Terms.

 

29.       SEVERABILITY: If any part of the Terms is deemed by a court of law or authority of competent jurisdiction to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed.

 

30.       WAIVER: The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party.

 

31.       SURVIVAL: All provisions of these Terms, which by their nature should survive termination or expiration of these Terms, shall survive termination or expiration.

 

32.       NO AGENCY: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.

 

33.       USER DISPUTES: Notwithstanding anything to the contrary contained herein, you agree that you are solely responsible for your interactions with any other user in connection with the Site and Company will have no liability or responsibility with respect thereto. Notwithstanding the foregoing, Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site.

 

34.       CHOICE OF LAW: The laws of the State of Texas applicable to contracts entered into and performed within Texas (and notwithstanding any conflict of law principles) shall exclusively govern these Terms and any disputes between you and Company, including all disputes arising out of these Terms, unless otherwise prohibited by law. Notwithstanding anything to the contrary contained herein, the application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

 

35.       ARBITRATION: You and Company agree that any and all disputes or claims that arise between you and Company, whether arising out of or relating to these Terms, your use of the Site, and any other aspect of the relationship or transactions between you and Company, shall be resolved exclusively through final and binding arbitration administered before the American Arbitration Association (the “AAA”) under its consumer arbitration, or other applicable, rules (the “AAA Rules“) then in effect, subject to the terms of this arbitration provision. For the avoidance of doubt, you understand that by agreeing to the Terms, you and Company are each waiving the right to a jury trial or to participate in a class action or class arbitration, except for the limited exclusions expressly set forth herein. Notwithstanding the foregoing, you may assert some claims in “small claims” court pursuant to certain provisions in the AAA rules regarding small claim actions, but only if your claim is under $10,000, otherwise qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis (as further set forth below).

 

36.       ARBITRATION CONDITION PRECEDENT: Company is always interested in resolving disputes amicably and efficiently, and Company anticipates most user concerns can be resolved quickly by emailing Company at Laney@dfwcampexpo.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Arbitration Notice”). The Notice to Company should be sent to Company at the following address, 2817 Gold Hill Drive, Wylie Tx 75098 and via email to Laney@dfwcampexpo.com  (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If You and Company do not resolve the claim within ninety (90) calendar days after a valid Arbitration Notice is received by Company, you or Company may commence an arbitration proceeding.

 

37.       ARBITRATION PROCESS: Any arbitration of a dispute will be handled by a sole AAA arbitrator with significant experience in the subject-matter to which the claim or dispute is based upon. You and Company agree that the arbitrator shall have the power to rule on any objections with respect to the existence, scope, or validity of the arbitration provisions contained herein or to the arbitrability of any claim or counterclaim. The arbitrator must follow these Terms and has the power to award the same damages and relief as a court could award (including reasonable attorney fees and costs, as and when specified in these Terms), except that the arbitrator may not award you any declaratory or injunctive relief, unless otherwise expressly permitted in the Terms. Notwithstanding the foregoing, if there is any inconsistency between any term of the AAA Rules and any term of this arbitration provision, the applicable terms of this arbitration provision will control unless the arbitrator determines that the application of the inconsistent term(s) would not result in a fundamentally fair arbitration. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Any arbitration judgement award or other relief may be entered in any court that has jurisdiction, and may only be challenged by you or Company if there if the arbitrator makes a clear error of law. The arbitration shall be in English. The parties shall mutually bear the cost of any filing, administrative, or arbitrator fees, unless otherwise agreed to by Company. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties, including the amount of any settlement offer made by either party or any judgement to which a party is entitled.

 

38.       CHANGES TO ARBITRATION POLICY: If Company makes any material changes to the arbitration sections of the Terms after the date you last accepted these Terms, those changes will not apply to any claims filed in a proceeding against Company prior to the date the changes became effective. Company will strive to notify you of substantive changes to this section at least thirty (30) days prior to the date the change will become effective. If you do not agree to the modified terms in this section, you may send Company a notification via Laney@dfwcampexpo.com  or close your Account within those 30 days. By rejecting a modified term or permanently closing your Account, you agree to arbitrate any disputes between you and Company in accordance with the provisions of this section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed Account or create a new Account, you agree to be bound by the current version of this arbitration provision and Terms.

 

39.       VENUE: Unless Company and you agree otherwise, any arbitration hearings will take place in Dallas County, Texas Notwithstanding the foregoing, if your claim is for $10,000 or less and not pursued by you in “small claims” court pursuant to certain provisions in the AAA rules, Company agrees that you may choose whether the arbitration will be conducted solely electronically on the basis of documents submitted to the arbitrator or through a telephonic hearing (subject to AAA’s approval). If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

 

40.       NON-ARBITABLE DISPUTES: In the event that any dispute related to these Terms is not subject to the arbitration provisions herein, as generally set forth above, you and Company agree that any such dispute shall be exclusively resolved in the courts located in Dallas County, Texas. Notwithstanding anything to the contrary contained herein, Company may pursue directly in court and not via the arbitration process set forth above, in Company’s sole discretion, emergency equitable relief, including injunctive relief, for your actual or alleged breaches of these Terms in regards to: (i) your confidentiality obligations; (ii) your harassment of other users of the Site; (iii) any defamatory statement made by you; and (iv) unauthorized use of Company’s intellectual property.

 

41.       FURTHER ARBITRATION EXCLUSIONS: Nothing in this arbitration provision shall preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Company on your behalf.

 

42.       REMEDIES: All of Company’s rights and remedies are cumulative and shall in no way affect any remedy available to Company under equity or law. You agree that any violation of the breach of the Terms by you may result in irreparable harm to Company, that monetary damages may be inadequate, and you hereby agree Company shall be entitled to seek injunctive relief, without the need to post any bond or proving any damages. Notwithstanding anything to the contrary contained herein, you may not seek any equitable or injunctive relief under these Terms, and you may only seek damages against Company in the form of your actual monetary damages.

 

43.       CLAIM PENDENCY: Any alleged claim or cause of action you may have with respect to your use of the Site or these Terms must be commenced within one (1) year after the alleged claim or cause of action arises, unless otherwise prohibited by law.

 

44.       CLASS ACTION AND REPRESENTATIVE ACTION PROHIBITION: YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF, SUBJECT TO THE TERMS HEREIN) ONLY IN FAVOR OF THE PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

 

45.       EXPORT CONTROL: This site may provide services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. You acknowledges and agree that the Site and services shall not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

 

46.       NOTICE: All legal notices to Company or you pursuant to these Terms will be in writing and will be delivered by personal delivery or certified mail and will be deemed given upon delivery or sent via email (including to the email address associated with your Account) and will be deemed given upon confirmation of receipt. Notwithstanding the foregoing, all legal notices pursuant to these Terms are required to be sent by you to Company to the following email address: Laney@dfwcampexpo.com .

 

47.       INTELLECTUAL PROPERTY POLICY: Company respects the intellectual property rights of others and desires to offer a Site that contains no material that violates the intellectual property rights of others. Company has instituted procedures for receiving written notification of claimed intellectual property infringements. If you believe in good faith that your intellectual property rights have been infringed through use on the Site, you may notify Company’s intellectual property designated agent by email at Laney@dfwcampexpo.com  with “DFW Camp Expo – Notice of Infringement” in the subject line, which contains:

 

            1.   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest allegedly infringed; 

            2.  A description or identification of the copyrighted work(s) (or other intellectual property interest(s)) that you claim has been infringed; 

            3.  A description or identification specifying the location on the Site of the material(s) that you claim is infringing, including all URL addresses; 

            4.  Your name, email address, mailing address, and telephone number; 

            5.  A statement by you that you have a good faith belief that use of the material in the manner complained is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and 

            6.  A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf. 

You acknowledge that if you fail to comply with all of the requirements of this section, your notice will be invalid under these Terms, and potentially other intellectual property laws. 

Questions, comments and requests in relation to these Terms are welcome and should be addressed to Laney@dfwcampexpo.com