Terms of Use

Website Terms of Use

Last Updated October 20, 2015

These Terms of Use (“Terms”), set forth the terms and conditions that apply to your use of this website, bchomeandgardenshow.com, and each website identified in the listings at http://www.marketplaceevents.com/Main/USEvents.aspx, and http://www.marketplaceevents.com/Main/CanadianEvents.aspx (a “Site,” or collectively, the “Sites”) and your purchase of tickets for Marketplace Events’ shows (“Show Services”).   By using the Sites, you agree to comply with all of the Terms.  We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Sites. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use a Site after that date, you agree to the changes.

Privacy

This Agreement incorporates Marketplace Events’ Privacy Policy, which covers Marketplace Events’ treatment of personally identifiable information and other data that Marketplace Events when you are using the Sites.

Trademarks and Copyrights

Marketplace Events’ graphics, photos, logos, designs, and service names are the trademarks or trade dress of Marketplace Events.  These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all content and material made available on the Sites and through Show Services is protect by copyright law. Aside from user-submitted content, all other materials and other information on the Sites, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Marketplace Events and/or its licensors and are protected by all United States and international copyright laws.

Claims of Copyright Infringement on the Sites

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Sites infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Sites that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Sites; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice.
 
Notices and counter-notices should be sent to kweiner@kellyweinerlaw.com. It is our policy to terminate, in appropriate circumstances, the access rights to the Sites of repeat infringers.

Third Party Links

The Sites contains links to other websites that may not be owned or operated by Marketplace Events. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites.

Exhibitor Products and Services

Marketplace Events does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any third party, including show exhibitors. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any third party, including show exhibitors, Marketplace Events is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any exhibitor, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such exhibitor exclusively and do not involve Marketplace Events. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring, engaging or contracting with show exhibitors.

You agree that Marketplace Events is not responsible for the accessibility or unavailability of any exhibitor or for your interactions and dealings with them, waive the right to bring or assert any claim against Marketplace Events relating to any interactions or dealings with any exhibitor, and release Marketplace Events from any and all liability for or relating to any interactions or dealings with show exhibitors.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, show exhibitors found on or through the use of the Sites and Show Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Marketplace Events shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such show exhibitors the Sites and Show Services.

No Representations or Warranties

YOUR ACCESS AND USE THE SITE AND SHOW SERVICES AT YOUR OWN RISK. THE SITE AND SHOW SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER MARKETPLACE EVENTS, NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE AND SHOW SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES, INCLUDING SHOW EXHIBITORS, THAT AFFECT THE SITES AND SHOW SERVICES.  IN NO EVENT WILL MARKETPLACE EVENTS OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS OR OF SHOW EXHIBITORS. IN NO EVENT WILL MARKETPLACE EVENTS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SHOW SERVICES.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, MARKETPLACE EVENTS DOES NOT REPRESENT OR WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SHOW SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARKETPLACE EVENTS, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MARKETPLACE EVENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), WITH RESPECT TO THE SITE AND SHOW SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SHOW SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITE AND/OR SHOW SERVICES; OR (C) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SHOW SERVICES. TO THE EXTENT MARKETPLACE EVENTS, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OR THE USE OF THE SITE AND SHOW SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.

Governing Law

These Terms and the relationship between you and Marketplace Events will be governed by the laws of the State of Ohio, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Cleveland, Ohio and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Marketplace Events may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found.

Indemnification

You hereby agree to indemnify, defend and hold Marketplace Events, and all its officers, directors, owners, agents, employees, information providers, affiliates, show exhibitors, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms or the foregoing

Severability

If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

Contact

If you have any questions on these Terms, you can contact Marketplace Events at myview@marketplaceevents.com.