Terms of Use
The following Terms of Use outline your obligations when using the Momentous website.
1. Acceptance of Terms
The Momentous site available at www.MomentousExpo.com (the “Site”), is owned and operated by Vital Spark Incorporated dba Momentous (“Momentous”), and may be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, OR BY SIGNING UP AS AN EXHIBITOR OR ATTENDEE ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE. YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS.
2. Modification of Terms of Use
Momentous may, in its sole discretion, modify the Terms of Use at any time effective upon posting the modified Terms of Use on the Site, with or without additional notice to you. You are responsible for regularly reviewing information posted on this Site to obtain timely notice of such changes, and to stop using the Site if you do not agree to the amended terms, and to provide Momentous notice to remove you from any distribution lists or other communication list that are available to you through your use of the Site. YOUR CONTINUED USE OF THE SITE OR ANY SERVICES PROVIDED OR ACCESSIBLE THROUGH IT, AFTER SUCH POSTING (OR ADDITIONAL NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.
3. Use of the Site
Subject to full compliance with the Terms of Use, and during the term of the license, Momentous grants authorized users a non-exclusive, nontransferable, nonsublicensable, terminable license to access the Site.
Momentous may change, suspend or discontinue the Site for any reason, at any time. Momentous has the exclusive right to control the accessibility, hours of use, and the features on the Site. Momentous can restrict access to any or all portions of the Site or remove any information or content from the Site at any time. Momentous may at any time and from time to time modify or discontinue, temporarily or permanently, providing access and use of the Site or any part of it without notice to you. Momentous shall not be liable to any user or other third party for any such modification, suspension or discontinuance.
You are solely responsible for providing the equipment related to accessing the Site, including all computer equipment, remote communications equipment, telephone or other equipment.
Momentous may from time to time add services, features or web properties to the Site, and unless otherwise indicated, all such services, features and materials are subject to and governed by these Terms of Use.
4. Prohibited Conduct and Restrictions on Use
Unless you have received prior written authorization from Momentous, you, as a user of the Site, may not:
a. reproduce, distribute, publicly display or perform, modify, deconstruct or reverse engineer the content on the Site;
b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or transmit misleading communications transmitted through the Site;
c. take any action that imposes, or may impose in Momentous’ sole discretion an unreasonable or disproportionately large load on the infrastructure of the Site; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass any measures Momentous may use to prevent or restrict access to the Site;
d. upload, post, email, otherwise transmit content or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site; or
e. intentionally or unintentionally violate any applicable local, state, national or international law, any rules and regulations having the force of law.
5. Obligations of Momentous
The Site may display links to other World Wide Web sites or resources including third party sites to facilitate document signing, payment processing and registration. Because Momentous has no control over such sites and resources, you acknowledge and agree that Momentous is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Momentous shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
6. Privacy
The Momentous Privacy Policy is available here and is hereby incorporated by this reference.
7. Expiration or Termination of Access and Participation
Your privilege to use or access the Site may be terminated by Momentous immediately and without notice and without refund if you fail to comply with any term or condition of these Terms of Use, or for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and agree not to access or make use of, or attempt to use, the Site. Furthermore, you acknowledge that Momentous reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site. You understand that Momentous may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Momentous.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Site, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
8. Warranties and Disclaimers.
EXCEPT AS SPECIFICALLY STATED IN THESE TERMS OF USE, MOMENTOUS MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, REGARDING THE SITE AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USE OF THE SITE OR REGISTRATION FOR AN EXHIBITION THROUGH THIS SITE WILL OBTAIN ANY PARTICULAR RESULT.
THE SITE, ITS COMPONENTS, AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Momentous cannot guarantee that you will obtain the results you seek or warrant that the Site service will be error-free or even available. Momentous makes no representation or warranty of any kind with respect to use of the Site or the use or accuracy of the information on Site. Momentous does not guarantee that the Site will be secure or free from bugs or viruses.
9. Indemnity
You will indemnify and hold harmless Momentous, its subsidiaries, affiliates, customers, vendors, licensors, contractors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from any claim or demand made by any third party due to or arising out of your access to, or use of the Site, violation of the Terms of Use by you, or the infringement by you, or any third party using your login information, of any intellectual property or other right of any person or entity.
10. Limitation of Liability
In no event shall Momentous or its officers, employees, or agents be liable under contract, tort or strict liability, negligence or other legal theory with respect to the Site for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
11. Trademarks and Copyrights
MOMENTOUS, and the graphics, logos, designs, page headers, button icons, scripts, and service names on the Site are the trademarks or trade dress of Momentous in Canada and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. You should assume that everything contained within the Site is protected by copyright.
12. Miscellaneous
You agree that these Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use as modified from time to time by Momentous. If any provision of these Terms of Use is invalid or unenforceable under applicable law, that portion will be construed consistent with applicable law as nearly as possible, or failing that, deemed omitted, and the remaining provisions will continue in full force and effect. These Terms of Use are made under, and will be construed according to, the laws of Ontario, Canada. The exclusive jurisdiction for any litigation required to resolve any disputes under these Terms of Use shall be in the courts of Ontario, Canada, and each of the Parties consents to the jurisdiction of such courts in Ontario and waives objection to venue laid therein. These Terms of Use shall not be governed by the U.N. Convention on Contracts for the International Sale of Goods. Momentous reserves the right at all times to disclose any information as Momentous deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Momentous’ sole discretion. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Momentous in any respect whatsoever. The failure of Momentous to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Momentous shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Momentous’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are not assignable, transferable or sublicensable by you except with Momentous’ prior written consent. Momentous may transfer, assign or delegate these Terms of Use and its rights and obligations without consent.