<p><strong>TERMS AND CONDITIONS</strong></p>
<p></p>
<p>1. DEFINITIONS. For purposes of the Contract, “HTG” means HERITAGE Exposition Services, Inc., d.b.a. HERITAGE Trade Show Services, HERITAGE, Heritage Exposition Services, HES Logistics, and their respective employees, directors, officers, agents, assigns, affiliated companies, and related entities including, but not limited, to any subcontractors HTG may appoint. The term “EXHIBITOR” means the Exhibitor, its employees, agents, representatives, and any Exhibitor Appointed Contractor (“EAC”). Cold Storage: Holding of Goods in a climate controlled area; Accessible Storage: Holding of Goods in an area from which Goods may be removed during shows; Services: Warehousing, transportation, drayage, un-supervised labor, supervised labor and/or related services; Show Site: The venue or place where an exposition or event takes place; Supervised Labor (OK TO PROCEED): Union labor that is provided to a Customer to install or dismantle a booth or exhibit space, and is supervised and/or directed by HTG; Un-Supervised Labor (do not proceed): Union labor that is provided to a Customer to install or dismantle a booth or exhibit space and pursuant to Customer’s election is not supervised and/or directed by HTG. Customer assumes the responsibility and any liability arising therefrom, for the work of union labor when Customer elects to use un-supervised labor.</p>
<p></p>
<p>2. SCOPE. These Terms and Conditions shall be binding upon Exhibitor, HTG, and their respective Agents and representatives, including but not limited to Exhibitor contracted labor, EAC’s or Installation and Dismantle Companies, and any other party with an interest in the Goods. Each shall have the benefit of and be bound by all provisions stated herein, including but not limited to time limits and limitations of liability.</p>
<p></p>
<p>3. Payments are due prior to delivery of services or equipment to EXHIBITOR unless other credit arrangements have been made. All payments shall be in U.S. currency, MasterCard, VISA, American Express or Discover credit cards, debit cards, or check, provided there is sufficient customer credit in EXHIBITOR’s form of payment to completely satisfy the amount owed by EXHIBITOR to HTG. Undersigned authorizer acknowledges and agrees that all applicable charges for services rendered to the EXHIBITOR will be applied to the credit card on file in the event other form of payment is not tendered prior to the close of the trade show. In no instance shall any Exhibitor be extended credit beyond 30 days after the close of the Show. If there are any outstanding balances owed by EXHIBITOR to HTG which have not been paid after 30 days following the close of the Show, then these unpaid balances shall bear interest at the rate of 1-1/2% per month (18% per annum).</p>
<p></p>
<p>4. Any discrepancy in items ordered and items received or any complaint or question concerning services, etc., must be reported to the HTG Service Center at the show, in writing, immediately upon noting same. Problems will be resolved and/or any valid adjustments in EXHIBITOR’s account will be made at that time, and approved by the HTG Project Manager in charge. Credits and adjustments will not be made based on information received after the Show. Exhibitors who cancel prior to Exhibitor Move-In will be refunded 100% of their advance payment. No refunds will be made for cancellations received once Exhibitor move-in begins or at show site, unless otherwise noted on the specific service form. In the event the exposition or event is cancelled or postponed, HTG reserves the right to charge for services rendered in preparation of the event or exposition as well as non-refundable costs incurred by HTG. Prior to any refunds being paid to EXHIBITORS, these cancellation and/or postponement charges will be determined in good faith by HTG and withheld from any amounts previously paid by EXHIBITOR to HTG in proportion to receipts from all exhibitors with the excess being refunded. EXHIBITOR should be advised that routine audits of Exhibitor booths for service usage are conducted during the Convention. Should the result of such an audit indicate that equipment or services is in fact being used that has not been paid for, the Exhibitor will be charged for the equipment or service at the applicable rate.</p>
<p></p>
<p>5. HTG reserves the right to discontinue one or all services or equipment delivery to EXHIBITOR for non-payment of one or more outstanding bills should such bill not be paid before the close of the first day of the Show. Payment for any one or more of the services rendered does not in anyway release EXHIBITOR from payment of the other remaining services upon presentation of an invoice. Should it become necessary after all discrepancies are resolved to employ a collection agency, then EXHIBITOR agrees that all reasonable and customary collection fees shall be borne by EXHIBITOR.</p>
<p></p>
<p>6. CHOICE OF LAW & VENUE. Any dispute between HTG and EXHIBITOR shall be governed by the laws of the State of Missouri (without regard to Missouri’s conflicts of laws principles). Venue of any action between HTG and EXHIBITOR shall lie exclusively in the state or federal courts located in St. Louis, Missouri and HTG and EXHIBITOR agree that all reasonable attorney’s fees shall be borne by the prevailing party.</p>
<p></p>
<p>7. LIMITATION OF LIABILITY & INDEMNITY. HTG shall not be liable to any extent whatsoever for any actual or potential loss of profits or revenues, or for any collateral costs or consequential damages, which may result from (1) any loss, injury or damage to EXHIBITOR’s materials or (2) EXHIBITOR’s ability to carry-on in its normal business practices. Additionally, HTG shall not be liable for (1) any loss, damage or delay as a result of fire, lightning, strikes, riot or civil commotion or any other cause or condition beyond the control of HTG, (2) damage to uncrated materials, materials improperly packed, or (3) concealed damage, or loss, theft or disappearance of EXHIBITOR’s materials while at the show or EXHIBITOR’s materials are in EXHIBITOR’s possession or are located within or near the confines of EXHIBITOR’s booth. HTG’s liability shall be limited to any loss or damage which results solely from HTG’s negligence in the actual physical handling of EXHIBITOR’s materials and not from any other type of loss or damage. HTG does not assume any liability for any loss or damages to electronics, monitors, or devices. HTG’s maximum liability for any cause shall be limited to $0.30 per pound per article with a maximum liability of $50.00 per item or $1,000.00 per shipment. HTG shall not be responsible for loss, theft, or disappearance of materials before they are picked up from EXHIBITOR’s booth or for reloading after the show. Bills-of-lading covering outgoing shipments, which are furnished to HTG by EXHIBITOR, will be checked at the time of actual pickup from the booth and corrections made where discrepancies occur. Any claims for loss, injury or damage must be submitted to HTG within thirty (30) days of the close of the show in which the loss, injury or damage occurred, or such claims shall be waived. No suit or action for the recovery of any claims arising out of or related to bodily injury, death,or property damage shall be brought against HTG more than one year after the accrual of the cause of action. EXHIBITOR agrees to indemnify and hold harmless HTG against any and all claims, suits, liabilities, or damages, including reasonable settlements and reasonable attorney’s fees, arising out of negligence or any other cause on the part of the EXHiBITOR, subcontractors, suppliers, employees or any individual or company under the control directly or indirectly of the EXHIBITOR at the show. a. Cold Storage. Goods requiring cold storage are stored at Customer’s own risk. HTG assumes no liability or responsibility for Cold Storage. b. Accessible Storage: HTG assumes no liability for loss or damage to Goods while in Accessible Storage. Storage charges are for the use of space and are not a form of insurance, or a guarantee of security. c. Unattended Goods: HTG assumes no liability for loss or damage to unattended Goods received at Show Site at any time from the point of receipt of inbound Goods until the loading of the outbound Goods, including the entire term of the respective show or exhibition. Customer is responsible for insuring its own Goods for any and all risk of loss. d. Empty Storage: HTG assumes no liability for loss or damage to Goods or crates, or the contents therein, while containers are in Empty Storage. It is Customer’s sole responsibility to affix the appropriate labels available at the HTG Service Desk for empty container storage, and ensures that any pre-existing empty labels are removed. e. Forced Freight: HTG is not liable for Customer Goods left on the show floor after the show closing deadline, with or without a Material Handling Services/Straight Bill of Lading signed by Customer. It is Customer’s responsibility to complete accurate paperwork for shipping to ensure Customer Goods are properly labeled. f. Concealed Damage: HTG shall not be liable for concealed loss or damage including but not limited to glass, electronic equipment, prototypes, original art, uncrated Goods, or improperly packaged or labeled Goods. g. Unattended Booth: HTG shall not be liable for any loss or damage occurring while the Goods are unattended in Exhibitor’s booth at any time, including, but not limited to, the time the Goods are delivered to the dock until the time the Goods are received by Exhibitor’s selected carrier. h. Labor: HTG assumes no liability for loss , damage, or bodily injury arising out of Exhibitor’s supervision of HTG provided union labor. i. Notice of Loss or Damage: In order to have a valid claim, notice of loss or damage to Goods must be given to HTG or its agent within 24 hours of occurrence (as evidenced in an Incident Report completed at Show Site by HTG) or delivery of outbound Goods.</p>
<p></p>
<p>8. ADVANCED WAREHOUSING/TEMPORARY STORAGE: HTG assumes no liability or responsibility for loss or damage to Goods delivered to the Advance Warehouse or other similar Temporary Storage facilities.</p>
<p></p>
<p>9. EXHIBITOR recognizes that HTG provides services as EXHIBITOR’s agent and not as bailee or shipper. If any employee or subcontractor of HTG shall sign a delivery receipt, bill-of-lading, or other document, EXHIBITOR agrees that these signatories will do so as EXHIBITOR’s agent, and EXHIBITOR accepts the responsibility thereof. HTG or its subcontractors are authorized to note the quantities or condition of items on the EXHIBITOR’s bill-of-lading when the actual count or condition of such items do not conform to the amount or amounts recorded by EXHIBITOR. Correct weights with Weight Certificate must be provided, otherwise HTG’s or its subcontractor’s estimate will prevail in the event of any weight discrepancy.</p>
<p></p>
<p>10. Exhibitor permits all contact information provided to HTG to be used by HTG and shared with other entities assisting in the production of the event in question. Email communications may include show information, promotional materials, advertising statements and other commercial notices. Permission may be revoked by the EXHIBITOR in writing.</p>
<p></p>
<p>11. In the case of bills submitted to parties other than the EXHIBITOR (i.e., Third Parties), such arrangements in no way release EXHIBITOR from any and all of the terms and conditions outlined herein.</p>
<p></p>
<p>12. REFUNDS: EXHIBITOR shall receive a full and complete refund of any overpayments following final audit after the close of the Show. HTG will remit refunds to EXHIBITOR at the name and address indicated on the Exhibitor Data Sheet. EXHIBITOR will receive a refund for any extra overpayment above and beyond the amount which EXHIBITOR owes to HTG. Also provided for the EXHIBITOR with the final refund shall be a final accounting showing the services or equipment ordered.</p>
<p></p>
<p>13. CREDIT CARD: HTG is pleased to accept orders for services, with payment being made by a credit card. By paying for these services in advance, and adhering to the deadline date, you have taken advantage of the discount offered. However, if a payment is subsequently made by check with the intention of reversing the initial credit card payment, there will be a fee assessed for each subsequent transaction following the initial transaction. The fee to reverse the credit card payment and replace it with a check or an alternate credit card is as follows: If the credit card charge is $1.00 to $500.00 the fee is $25.00, $501.00 to $1,000.00 the fee is $30.00, $1,001.00 to $2,000.00 the fee is $60.00, $2,001.00 to $5,000.00 the fee is $150.00, $5,001.00 to $10,000.00 the fee is $300.00, $10,001.00 to $20,000.00 the fee is $450.00. Amounts over $20,000.00 the fee is 4% of the amount owed.</p>
<p></p>
<p>14. Insurance: It is understood that HTG is not an insurer. Insurance should be obtained by the EXHIBITOR. It is highly recommended that exhibitors arrange All Risk coverage which usually can be done by endorsements to existing policies. EXHIBITOR’s materials should be insured from the time they leave their firm until they are returned after the close of the show. Insurance and liability against theft or property damage to equipment or exhibit material owned or rented by EXHIBITOR, or bodily injury occurring within the confines of EXHIBITOR’s booth, remain the sole and complete responsibility of EXHIBITOR. Except where prohibited by law, the EXHIBITOR and its insurers waive all rights of recovery or subrogation against HTG and their respective directors, officers, employees, and agents.</p>
<p></p>
<p>15. By completing and submitting the service forms, Exhibitor hereby authorizes HTG as its Exhibitor Appointed Contractor to process and pay for those services on behalf of the Exhibitor as a third party.</p>
<p></p>
<p>16. HTG Reserves the right to adjust the price charged for any item in the event of a sudden and unexpected price increase. By way of example without limiting the foregoing, in the event fuel prices escalate in a rapid manner, the price of any individual item may be adjusted to reflect the impact of higher fuel prices. Additionally, HTG reserves the right to pass through to Exhibitor any incremental charges or fees levied by the facility, suppliers or other third parties.</p>
<p></p>
<p><strong>Privacy Policy:</strong><br />Heritage Exposition Services respects the privacy of our customers. The following privacy statement outlines what information we collect from our visitors, who has access to that information and how we utilize it.<br />The Heritage Exposition Services website is operated by Heritage Exposition Services. Heritage Exposition Services is the sole owner of all information collected on this site. The personal information you provide us and information about your order will never be shared with third parties, except for the purpose of fulfilling your order or when required by law. <br />Cookies are bits of information that we automatically store on your computer if your computer accepts cookies. Cookies do not contain any personally identifiable information such as your name, address or any financial information on your computer. We use cookies to recognize you and your preferences to make shopping easier and provide you with a customized experience on our web site Heritage Exposition Services places a unique user ID number on your cookie which allows us to access information that will improve your shopping experience, such as holding items in your shopping bag, accessing your addresses, or providing you with customized pages based on your past viewing or purchasing preferences. We also use cookies to track traffic to different parts of our web site in order to make improvements and optimize your shopping experience. <br />If you do not wish to have a cookie on your system, you can set your browser preferences to refuse them. In order to disable cookies, please consult your browser's help section for instructions. Please be aware that some parts of our site may require the use of cookies to be fully functional.<br />Complying with the Children's Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent.<br />Heritage Exposition Services takes every precaution to protect our users' information. When you submit sensitive information via the website, your information is protected both online and off-line. <br />When you enter sensitive information (such as credit card number) on our registration or order forms, that information is encrypted and is protected with Secure Sockets Layer (SSL) encryption technology. <br />While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, a customer service representative) are granted access to personally identifiable information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Our employees are regularly notified and reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers on which we store personally identifiable information are kept in a secure environment. If you have questions about the security of our website, send us an email at <a href="mailto:exhibitorservices@heritageexpo.com">exhibitorservices@heritageexpo.com</a> or call us at 1-800-360-4323</p>
<p></p>
<p> </p>
<p></p>
<p>If you need to make a correction or a change to your contact information please contact us at 1-800-360-4323 or by email at: <a href="mailto:exhibitorservices@heritageexpo.com">exhibitorservices@heritageexpo.com</a></p>
<p></p>
<p> </p>
<p></p>
<p>Any updates or changes to our privacy policy will be emailed to our customers.</p>
<p></p>
<p>%MCEPASTEBIN%</p>
<div class="descriptioncontent">
<p>This Privacy Policy (the “Policy”) governs the manner in which Heritage Exposition Services collects, uses, maintains, and discloses information collected from you in connection with the Heritage Exposition Services online storefront.</p>
<p></p>
<p>Heritage Exposition Services may collect and store information about you and/or your business including your or your business’s name, email address, phone number, mailing address, accounting transaction data, payment or other financial information, aggregate transaction data, customer sales and order information, third-party data, business data, browser data, devices used, technical information about your means of connection to applications, and any other information or data submitted by you or third parties in connection with our Software Services, Storefronts, or other services rendered pursuant to the Agreement (the “Information”).</p>
<p><strong><span style="text-decoration: underline;">Information Use</span></strong></p>
<p>Information collected may be used in connection with or for purposes of providing services to you, your business, and to others, improving services provided to you, your business, or to others, providing notices to you, complying with applicable law, and any other lawful purpose, including protecting the health or safety of you or others, and monitoring and preventing fraudulent or unlawful third-party activity.</p>
<p><strong><span style="text-decoration: underline;">Commercial Use of Information</span></strong></p>
<p>Heritage Exposition Services will not sell or share the Information with third parties for any commercial purposes without your consent and express agreement. Heritage Exposition Services may, however, use the Information in order to share generic, collective, group, or other non-identifying information about the use of Heritage Exposition Services’s products and services as part of commercial transactions with third parties to help Heritage Exposition Services improve its products and services or for any other lawful purpose.</p>
<p><strong><span style="text-decoration: underline;">Third-Party Service Providers</span></strong></p>
<p>Heritage Exposition Services may use third-party service providers and vendors to assist Heritage Exposition Services in providing its products and services to you and others, including, without limitation, services to host Heritage Exposition Services’s Software Services, Storefronts, payment processes, and other services pursuant to the Agreement. Heritage Exposition Services may also use third-party service providers and vendors to store Information and other data. Any such third parties would have access to your Information for the limited purpose of assisting, as reasonably necessary, Heritage Exposition Services in providing Software Services and other services pursuant to the Agreement.</p>
<p>Heritage Exposition Services may disclose your Information as Heritage Exposition Services reasonably believes is required by court order, governmental directive, or other law, to protect the rights of Heritage Exposition Services, or as otherwise allowed pursuant to the Agreement or applicable law.</p>
<p><strong><span style="text-decoration: underline;">Information Protection</span></strong></p>
<p>Heritage Exposition Services will retain, protect, and process the Information and underlying or related data using commercially reasonable practices. Although Heritage Exposition Services will undertake such efforts to preserve and protect the integrity of the Information, you acknowledge and agree that all security measures have potential risks.</p>
<p><strong><span style="text-decoration: underline;">Customer Control of Collected Data</span></strong></p>
<p>You may decline to provide or submit Information to us, however, some of our Software Services, Storefronts, or other services may not be available to you if you choose not to provide or submit Information. You also have a right to access the Information that we hold (about you) upon reasonable written request.</p>
<p><strong><span style="text-decoration: underline;">Updates to our Policy</span></strong></p>
<p>By entering into the Agreement or the Acknowledgment or by using our products or services, you consent to the collection and use of your Information by us consistent with this Policy and the Agreement. We may change this Policy from time to time, for any reason. Any such changes become effective when posted.</p>
<p>To the extent that this Policy is inconsistent with applicable law, it is the intent of Heritage Exposition Services to comply with applicable law. If there is any conflict between any provision of this Policy and applicable law, such applicable law shall prevail; provided, however, that any such conflicting provision in this Policy shall be curtailed and limited only to the extent necessary to bring it within the legal requirements and the remainder of this Policy shall not be affected thereby.</p>
</div>
<ul> <li>Does this site use cookies?</li> </ul> <p style="padding-left: 60px;">Yes, Boomer Commerce uses cookies. A popup will periodically ask you to confirm that Boomer Commerce is allowed to install cookies locally on your browsers to run the application correctly. If you deny Boomer Commerce to do so, you will not be able to access most of the Boomer Commerce site as these cookies provide essential functional purposes for it to work correctly.</p> <p> </p> <ul> <li>What is a cookie?</li> </ul> <p style="padding-left: 60px;">A cookie is a small file that can be placed on your device that allows us to recognize and remember you. It is sent to your browser and stored on your computer’s hard drive, tablet, or mobile device. When you visit our site, we may collect information from you automatically through cookies.</p> <p> </p> <ul> <li>What types of cookies do we use?</li> </ul> <p style="padding-left: 60px;">Essential and Functional</p> <p style="padding-left: 60px;">All cookies used as part of the Boomer Commerce application provide fundamental application functionality. They store your local information so you can stay logged in, remember preferences you have set on your local browser, and allow you to lg in and out, perform transactions, and securely access our databases with your critical business information. These cookies are used in tandem with other software and technologies to ensure you are who you say you are and that the Boomer Commerce application functions securely, and as intended for your usage.</p> <p> </p> <ul> <li>Why should you use cookies on this site?</li> </ul> <p style="padding-left: 60px;">Boomer Commerce uses cookies to store non privileged information about you and your local machine so it can deliver the correct information to you in the application at the correct times. Without this information, we may not know who you are or if you are allowed to access information on the site and will mostly deny access in order to preserve data security. Cookies are a routine part of almost every website today especially websites dealing in personalized account information.</p> <p> </p> <ul> <li>Can I opt out of cookies on this site?</li> </ul> <p style="padding-left: 60px;">Yes, you will be prompted to allow Boomer Commerce to use cookies upon accessing the site for the first time on a given device or browser or when an extended amount of time has passed since the last time you accessed the site. However, denying cookie access to Boomer Commerce will disable almost all site functionality and only a select few public facing portions of the site will be available. You will not be able to log in to your individual account without cookies enabled.</p>