Skip to content

TERMS OF USE

More About Us

Last updated: July 3, 2023

Please read the following Terms of Use (the “Terms of Use”) carefully. These Terms of Use govern your use of our Website, which include but are not limited to, www.americasmart.com, www.atlconventioncenter.com, www.lasvegasmarket.com, www.highpointmarketandmore.com, www.andmore.com, www.adacatlanta.com, www.lightfair.com, https://expowmclv.com/, www.Atlanta-apparel.com, www.atlantamarket.com, www.casualmarketatlanta.com, www.junipermarket.com, www.junipercommerce.com and https://preview.junipermarket.com/, (the “Websites”), any Mobile Applications associated with the Website, (the “Mobile Applications”), or any associated Content (as defined below), material, or functionality contained on the Websites (the “Services” and, together with the Websites and Mobile Applications collectively, the “System”). The System is the property of ANDMORE (as defined below) (“ANDMORE”, “we”, “us”, or “our”) and its licensors. By accessing, browsing, downloading, using, or registering to receive any Content or Services, you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. If you are using the System on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Use and you agree to be bound by these Terms of Use on behalf of such organization. If you do not agree to these Terms of Use, or do not have the authority to agree to these Terms on behalf of your company, do not use the System, or any portion thereof. Any use of the System is at the sole risk of the user. References to “ANDMORE” in these Terms of Use shall include ANDMORE and all of its respective members, affiliates, subsidiaries, directors, officers, agents, and employees.

 

 

Changes to the Terms of Use

We may update these Terms of Use from time to time and may amend them at any time to incorporate additional terms specific to additional features, applications, opportunities, or services that we may make available on or through the System. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use on the System, or providing other notice on the System. You should view these Terms of Use often to stay informed of changes that may affect you, as your continued use of the System signifies your continuing consent to be bound by these Terms of Use. We expressly reserve the right to make any changes to these Terms of Use, or to the System and its Content, at any time, without prior notice to you. The version of these Terms of Use posted on our Website on each respective date you visit the System shall be the Terms of Use applicable to your access and use of the System on that date. Our electronically or otherwise properly stored copies of these Terms of Use and the Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copies of the version of the Terms of Use and the Privacy Policy which were in force on each respective date you visited the System.

Access and Use

In these Terms of Use, “you” and “your” refer to (a) you, the individual accessing the System, (b) any electronic agent accessing the System on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the System. You represent and agree that all information that you provide to ANDMORE in connection with your access to and use of the System is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue service or access to the System (or any portions, components, or features of the System) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms of Use may, among other things, result in the immediate termination of your access to and use of the System.

ANDMORE grants you a personal, non-exclusive, non-transferable, limited license to use the System and to view or access the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System (including any Website or Mobile Applications contained therein). You further agree not to modify the System, or any part thereof, in any form or manner, nor to use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of ANDMORE. You may not attempt to gain any unauthorized access to the System or any of its associated Content, including computer systems, software, or networks.  No commercial use or redistribution of any Content, materials, or information contained on or offered through the System or the Services is permitted, unless expressly specified in a prior agreement between you and ANDMORE.

As a condition of your use of the System (including the Services), you agree that you will not use the System for any purpose that is unlawful or prohibited by these Terms of Use. You also agree to reimburse us for any damage, loss, cost or expense we incur, including any legal fees, because of your use of the System or the Services for any unlawful or prohibited purpose.

Privacy Policy

ANDMORE has developed Privacy Policies that are specific to our unique audiences. The ANDMORE Website Privacy Statement applies to visitors, users, and Exhibitors and Buyers who may also be registered users of the System. The terms of the ANDMORE privacy policy applicable to you as a user, exhibitor or buyer, (the “Privacy Policy”) also apply to your use of the System, and its terms are made a part of these Terms of Use by this reference. To view ANDMORE’s Privacy Policies, please see https://www.andmore.com/privacy-policy/. We encourage you to read and become familiar with our privacy practices, as described in the Privacy Policy.

No Unlawful or Prohibited Use

Any use or attempted use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by ANDMORE to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) for any use other than the purpose for which it was intended, is prohibited.

 

In addition, in connection with your use of the System, you agree you will not:

  • (a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
  • (b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any ANDMORE representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • (c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  • (d) Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
  • (e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  • (f) Use any of the System’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
  • (g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
  • (h) Violate any applicable local, state, national or international law;
  • (i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  • (j) Delete or revise any material posted by any other person or entity;
  • (k) Probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems;
  • (l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
  • (m) Harvest or otherwise collect information about others, including e-mail addresses; or
  • (n) Use any robot, spider, scraper, or other automated or manual means to access the System, or copy any Content or information on the System.

ANDMORE reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. ANDMORE may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, ANDMORE reserves the right at all times to disclose any information as ANDMORE 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 ANDMORE’s sole discretion. You also agree to reimburse ANDMORE for any damage, loss, cost or expense ANDMORE incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the System for any unlawful or prohibited purpose.

Any information, communications, or material of any type or nature that you submit to the System (or to any of our pages on a social media platform or other website) by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. ANDMORE does not own any Submissions provided via the System. However, by inputting/submitting such Submissions you are granting ANDMORE a nonexclusive, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any Content or materials contained therein). All Submissions inputted/submitted by you is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any Content or material contained therein, are not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.

ANDMORE shall have the right to use all information collected in connection with the Services and System to provide, develop, enhance and/or protect ANDMORE’s products, services, technologies, and other offerings, including, without limitation, for developing, deriving, compiling or generating market research, data sets, insights, trends, benchmarks, algorithms, models and other analyses or information (collectively, “Analytics”). ANDMORE may retain such Analytics and (without need of further notice, license, consent or payment) disclose Analytics to third parties in aggregate or other de-identified form in connection with its business. ANDMORE shall own and retain all rights, title and interest in and to all Analytics.  No rights or licenses are granted except as expressly set forth herein.

ANDMORE neither actively monitors general use of the System under normal circumstances, nor exercises editorial control over any Submissions. However, ANDMORE does reserve the right to monitor such Submissions or other use at any time as it deems appropriate and to remove any materials that, in ANDMORE’s sole discretion, may be illegal, may subject ANDMORE to liability, may violate these Terms of Use, or are, in the sole discretion of ANDMORE, inconsistent with ANDMORE’s purpose for the System.

Accounts, Passwords, and Security

Certain features or services offered on or through the Website may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify ANDMORE immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by ANDMORE or any other user of or visitor to the Website due to another person using your account, login ID, or password.

You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. ANDMORE cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Proprietary Content

ANDMORE respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the System and to collect and provide the features, materials, opportunities, and services that are available on or through the System. You understand and agree that ANDMORE owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials, opportunities, and services made available on or through the System, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”) as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the System and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of ANDMORE or its licensors and content-providers. For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through the Linked Websites.

Except as expressly provided in these Terms of Use, no part of the System or the Services, and no Content, materials, or other information on the System or the Services, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without ANDMORE’s express prior written consent.

The posting of information or other materials or Content on the System by ANDMORE does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.

Notice Regarding Copyright Agent

If you believe that any Content on any of our Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the Website containing the following:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;

  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Company to locate the material;
  • The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  • A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Designated Copyright Agent:

Legal Department

ANDMORE

240 Peachtree Street

Suite 2200

Atlanta, GA 30303

Phone: 404-220-3000

Email: legal@andmore.com

 

 

Transactions

If you wish to purchase any product or service made available through the System (each such purchase, a “Transaction”), you may be asked to supply certain payment information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to ANDMORE the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree that ANDMORE or our agents may call or text you by telephone regarding your account or your Transactions.

Disclaimer of Warranties

ANDMORE does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result or goal through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or ANDMORE, or that you access, use, download, or otherwise obtain on or through the System or ANDMORE, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.

The information, software, CONTENT, SERVICES, or materials available from or provided on the System or via the Services, is provided “AS IS” and “AS AVAILABLE”, without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF ANDMORE SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK.

ANDMORE AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM OR THROUGH ANDMORE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH ANDMORE ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. ANDMORE PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, ANDMORE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. ANDMORE SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM. NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM ANDMORE OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VI SON, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Limitation of Liability

IN NO EVENT SHALL ANDMORE OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM, THE CONTENT, OR THE content, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SYSTEM OR THROUGH ANDMORE; (B) THE USE, COPYING, OR DISPLAY OF THE SYSTEM OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER THE INTERNET; (C) ANDMORE’s PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY ANDMORE OR ANY THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH THE SYSTEM OR ITS USE. UNDER NO CIRCUMSTANCES SHALL ANDMORE, OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF ANDMORE, EVEN IF ANDMORE WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF ANDMORE AND ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF ANDMORE, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR THE USE OF THE SYSTEM, ANDMORE AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.

DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SYSTEM DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. ANDMORE MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. ANDMORE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE.

ANDMORE reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

Indemnification

You agree to indemnify, defend and hold ANDMORE harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of Content, data, or information that you submit, post to, or transmit through the System or ANDMORE, your access to and use of the Content, the System, and other materials, products, and services available on or through the System and ANDMORE, your violation of these Terms of Use, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Typographical Errors

The System could include technical inaccuracies or typographical errors. ANDMORE shall have no liability in connection with any such inaccuracies or errors, nor shall ANDMORE have any obligation to identify and/or correct any such inaccuracies or errors.

 

 

 

Viruses

All responsibility or liability for any damages caused by viruses, malware, disabling or malicious code contained within the electronic files or on the System is disclaimed.

Links to Other Websites

For your convenience, certain hyperlinks may be provided on the System that link to other websites which are not under the control of ANDMORE (the “Linked Websites”). ANDMORE does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, Content, or any other aspect of the Linked Websites. ANDMORE disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites and any purchases of products or services from such other websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against ANDMORE arising from or based upon any such use of other websites (including the Linked Websites). Hyperlinks to such Linked Websites on the System do not imply that: (a) ANDMORE is affiliated or associated with any Linked Website; (b) ANDMORE is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Site is authorized to use any trademark, trade name, logo, or copyright symbol of ANDMORE.

Links to the Website

Neither you nor any other website may link to the Website without the permission of ANDMORE. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) “deep link” to any page of the Website other than the home page of the Website; (b) “frame” the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to ANDMORE or any entity that is affiliated or associated with ANDMORE; or (d) otherwise imply or state that any type of relationship or special arrangements exist with ANDMORE and any other entity. You agree that you will promptly remove any hyperlink to the Website upon the written request of ANDMORE. In no event will you use any logo or trademark of ANDMORE as a hyperlink “button”, or in any other manner, without ANDMORE’s express written consent.

Disclaimer of Third Party Information

To the extent that any information, material, or functionality on the System is provided by third party content-providers (“Third Party Materials”), ANDMORE has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party suppliers. ANDMORE does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with ANDMORE.

Contributions to Company Website

ANDMORE provides an area for our users and registered users to contribute feedback on our website about their online experience. By providing this space we do not mean to encourage unsolicited general business ideas and discourage you from submitting these to us via this website or otherwise unless we are in direct communications with you regarding this idea.

In the event that you nevertheless, submit ideas, documents, suggestions and/or proposals (“Contributions”) to us via the System, you represent and warrant that:

  • your Contributions do not contain any type of confidential or proprietary information;
  • ANDMORE shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  • ANDMORE shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  • the contributor’s Contributions shall automatically become the sole property of ANDMORE including any related copyright or other intellectual property associated therewith; and
  • ANDMORE is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

Cautions for Global Use and Export and Import Compliance

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to:-

 

The Export Administration Regulations:

http://www.access.gpo.gov/bis/ear/ear data.html, and

 

The sanctions control program of the United States:

http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx

Furthermore, you state and pledge that you:

  • are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  • agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
  • agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
  • agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

 

 

Special Admonition Related to Financial Matters

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. AmericasMart Real Estate, LLC’s Content is provided primarily for informational purposes, and no Content that shall be provided or included in our Services is intended for trading or investing purposes. ANDMORE and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

General

These Terms of Use and the applicable Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the System and the Content. You agree that you shall not contest the admissibility or enforceability of ANDMORE’s copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and ANDMORE. ANDMORE may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of ANDMORE. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the System and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the System, the Content, or any other information or materials on the System in violation of the aforementioned laws or these Terms of Use.

To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by ANDMORE shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved.

You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Termination

As a registered user of our Websites, you may cancel or terminate your account, associated email address and/ or access to our Services by submitting a cancellation or termination request to webmaster@americasmart.com.

As a registered user, you agree that ANDMORE may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  • any breach or violation of our Terms of Use or any other incorporated agreement, regulation and/or guideline;
  • by way of requests from law enforcement or any other governmental agencies;
  • the discontinuance, alteration and/or material modification to our Services, or any part thereof;
  • unexpected technical or security issues and/or problems;
  • any extended periods of inactivity
  • any engagement by you in any fraudulent or illegal activities; and/or
  • the nonpayment of any associated fees that may be owed by you in connection with your www.americasmart.com account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account shall include any and/or all of the following:

  • the removal of any access to all or part of the Services offered within our Websites;
  • the deletion of your password and any and all related information, files, and any such Content that may be associated with or inside your account, or any part thereof; and
  • the barring of any further use of all or part of our Services.

Please also note that Market Plan access will only be available to registered buyers at AmericasMart.com, or lasvegasmarket.com.  Buyers that start the registration process on the website will have access to the Market Plan pending application status.  A denied application will result in account deactivation.

Closed Captioning

ANDMORE complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video Content. For more information, please visit our website at www.americasmart.com.

Jurisdiction

The System is maintained, operated, and controlled by ANDMORE in the State of Georgia. These Terms of Use shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws, principles or rules. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the System or the Content must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Fulton County, Georgia for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use, the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the System, the Content, and the materials, products, and services available on or through the System or through ANDMORE. You further expressly waive any claim that venue is improper for any reason in these courts

 

Terms of Use Policy v2 5.4.2021