<p>YOU ARE ENTERING A CONTRACT WHICH LIMITS YOUR POSSIBLE RECOVERY IN CASE OF LOSS OR DAMAGE</p>
<p>The terms and conditions set forth below become a part of the contract between SCS and you the exhibitor. Exhibitor is deemed to have accepted these terms and conditions when any of the following conditions are met:</p>
<ul>
<li>Exhibitors Materials are delivered to the SCS warehouse or to the event or symposium site for which SCS is the official show contractor</li>
<li>An order for Material Handling, Rigging, Labor or Rental Items ha been placed by the Exhibitor with SCS.</li>
</ul>
<p> </p>
<ol>
<li>DEFINITIONS- For the purposes of this contract SCS means Southern Convention Services dba SCS and SCSWROX and their representatives, employees, officers, agents assigns, affiliated companies, sub-contractors,. Exhibitor represents the Exhibiting Company, its employees, representatives, and any Exhibitor Appointed Contractor or EAC.</li>
<li>SCOPE- The terms shall be binding between Exhibitor, SCS, and their respective Agents and Representatives, including but not limited to EAC or Install 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.</li>
<li> </li>
</ol>
<p>PAYMENTS are due prior to delivery of services or equipment to Exhibitor All payments shall be in U.S. Currency,</p>
<p>credit in Exhibitor’s form of payment to completely satisfy the amount owed by Exhibitor to SCS. Undersigned authorized 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 event. In no instance shall any Exhibitor be extended credit beyond 14 days post show close. If their are any outstanding balances owed by Exhibitor to SCS which have not been paid after 14 days following the close of the show =, then the unpaid balances shall bear interest at the rate of 1 and 1 half percent per month. Balances for Actuals will be charged to card on file Post Show. Examples: Actual Weight on Material Handling, Actual Labor Hours Worked, Actual Rigging Costs, Additional Items ordered On-Site.</p>
<ol start="4">
<li>Any discrepancy in items ordered and items received or any complaint or question concerning services, etc., must be reported to SCS Service Desk 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 after review post show. Credits will not be made based on reports that are received post show. Exhibitors who cancel prior to the Advanced Discount Deadline will receive a 50% refund. Any orders cancelled past the Advanced Discount Deadline will not receive any refunds.</li>
<li>SCS reserves the right to discontinue the deliver of goods or services due to Exhibitor Non-Payment. Each Exhibitor MUST have credit card on file for post show charges. Failing to provide correct information will result in one of the following: Holing of Exhibitor Materials until payment issues are or resolved and/or the employment of a collection agency at which time the Exhibitor agrees to all responsibility for any and all reasonable and customary collection fees.</li>
<li>CHOICE OF LAW & VENUE- Any dispute between SCS and Exhibitor shall be governed by the laws of the state of Alabama. Venue of any action between SCS and Exhibitor shall lie exclusively in the state or federal courts located in Huntsville, AL and the parties agree that all reasonable attorney’s fees shall be borne by the prevailing party.</li>
<li>LIMIT OF LIABILITY & INDEMNITY- SCS 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 its normal business practices. Additionally, SCS 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 SCS, (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. SCS’s liability shall be limited to any loss or damage which results solely from SCS’s negligence in the actual physical handling of Exhibitor’s materials and not from any other type of loss or damage. SCS’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. Bill -of- lading covering outgoing shipments, which are furnished to SCS by the Exhibitor will be checked at the time of actual pickup from the booth and corrections made where discrepancies occur. Any claims of loss, injury or damage must be submitted to SCS within thirty days of close of 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 the related to bodily injury, death or property damage shall be brought against SCS more than 90 days after accrual of the cause of action Exhibitor agrees to indemnify and hold harmless SCS 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. SCS assumes no liability or responsibility for the following: Loss or damage to any items while in storage, Any unattended goods at he show, Any bodily injuries resulting from actions beyond negligent behavior on the part of SCS, Materials left on the show floor without proper labeling by the Exhibitor and BOL signed by Exhibitor.</li>
<li>Exhibitor recognizes that SCS provided Material Handling services to Exhibitors , but is not a Shipper. It is the responsibility of the Exhibitor to make proper shipping arrangements to and from show venue or SCS warehouse.</li>
</ol>
<p>INSURANCE: It is understood that SCS 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.</p>
<div class="descriptioncontent">
<p>This Privacy Policy (the “Policy”) governs the manner in which SCS collects, uses, maintains, and discloses information collected from you in connection with the SCS online storefront.</p>
<p></p>
<p>SCS 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>SCS will not sell or share the Information with third parties for any commercial purposes without your consent and express agreement. SCS may, however, use the Information in order to share generic, collective, group, or other non-identifying information about the use of SCS’s products and services as part of commercial transactions with third parties to help SCS 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>SCS may use third-party service providers and vendors to assist SCS in providing its products and services to you and others, including, without limitation, services to host SCS’s Software Services, Storefronts, payment processes, and other services pursuant to the Agreement. SCS 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, SCS in providing Software Services and other services pursuant to the Agreement.</p>
<p>SCS may disclose your Information as SCS reasonably believes is required by court order, governmental directive, or other law, to protect the rights of SCS, 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>SCS will retain, protect, and process the Information and underlying or related data using commercially reasonable practices. Although SCS 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 SCS 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>