Pay Per Lead Service ProviderTerms of Usewww.thesmallbusinessexpo.comwww.theshowproducers.com Last Updated: September 12, 2024 Welcome to the affiliated websites of www.thesmallbusinessexpo.com and www.theshowproducers.com (collectively, the “Website“) offering (among other things) the purchase of our Pay Per Lead products (the “Leads”) to subscribing services providers (“you”, “your” and “yours”). The Website is operated by Small Business Expo LLC, a Florida limited liability company with an address at 110 E Broward Blvd, Suite 1700, Fort Lauderdale, FL 33301 (“SBE”, “we”, “our”, or “us”). By purchasing any of our Leads, you agree to abide by these Terms of Use (this “Agreement’”). This Agreement sets forth the terms and conditions which governs your use of the Website. This Agreement. 1.1 Acceptance. Please read this Agreement carefully before otherwise accessing the Website. In order to use the Website, you must first agree to be bound by the provisions of this Agreement. You indicate that you have read, understood and agreed to be bound by the provisions of this Agreement by means of a click-through consent (where provided by us) or otherwise by accessing the Website. If you do not agree to abide by the initial version and each modified version of this Agreement (as described in Section 1.2 below), then you are not authorized to use the Website or otherwise to purchase any of the Leads. You also are not authorized to use the Website if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with SBE, or (b) you are a person barred from using the Website either (i) under the laws of the jurisdiction in which you reside or from which you are attempting to access the Website, or (ii) due to prior violations of this Agreement. 1.2 Modification. We reserve the right to modify this Agreement at any time. You shall periodically review this Agreement to be aware of such modifications. You further agree that your continued use of the Website after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement, and any updated supplemental policy or other terms (which are a material part of this Agreement as indicated below) will be indicated in the same manner. We will be happy to provide you with prior versions of this Agreement (including any supplemental policy or other terms) upon your written request to us. A current version of this Agreement is accessible via the footer of the Website’s homepage. 1.3 SMS Text Messages; Other Contacts. You agree that by submitting any personally identifiable information (“PII”) to SBE, you consent to receive communications from SBE by automated technology, and you authorize SBE or third parties to whom SBE has transferred such PII provided by you, to contact you for advertising, marketing, reminders and other commercial purposes, including without limitation by means of telephone calls or text messages using any automatic telephone dialing system(s), artificial voice(s), pre-recorded call(s), and/or pre-recorded voice(s) (in each case to your mobile, home and/or office phone numbers, as provided), email blasts and otherwise by postal mail. Without limiting the foregoing, you acknowledge and agree that (a) if SBE sells or otherwise transfers your contact information to certain third parties, and such third parties may contact you to solicit your business or otherwise, including without limitation by means of email blasts and postal mailings, and (b) once any such transfer has been made by SBE to any such third party, SBE has no control over such information or how it is used by such third party, and if you wish for any such third party to stop contacting you then you shall contact such third party directly in order to request that such PII be removed by such party from such party’s lists or from any other third party lists. If you have provided prior express written consent to receive automated text messages and calls, then you agree that SBE may use PII provided to us by you to make calls and text messages using any automatic telephone dialing system(s), artificial voice(s), pre-recorded call(s), and/or pre-recorded voice(s), regardless of whether any telephone number provided to us is on any state or national do not call list. You may opt out at any time from receiving automated text messages and calls by contacting us with such a request at clientservices@theshowproducers.com, or by writing us at our address at 110 E Broward Blvd, Suite 1700, Fort Lauderdale, FL 33301. Any opt out request must include your telephone numbers and other means of contact. You agree and understand that purchase is not a condition of such consent. 2. Registration. 2.1 Account. Upon registering with us, you will receive a unique account (“Account”) and will be able to access such Account by selecting a corresponding user ID and password. You shall not allow any individual or entity to use your Account to access the Website or otherwise to contact us and you shall strictly safeguard your user ID and password and any other information that would allow any person to access the Website or otherwise to contact us by using your Account. You are solely responsible for your failure to strictly safeguard such information and/or to allow any other person to access or use the Website or otherwise to contact us by using your Account. You may not sell or otherwise transfer your Account or any portion thereof. You shall notify SBE immediately of any unauthorized use of your Account or any portion of the Website. SBE shall not be liable for any loss that results from the unauthorized use of your Account, either with or without your knowledge. 2.2 Accurate Information. You shall provide accurate, complete and current information about yourself when registering for your Account and otherwise when using the Website, and you shall update all information provided by you through the Website if and as soon as such information changes. 2.3 Disabling or Revoking of Account. We have the right to suspend or terminate your Account at any time if we believe you have violated or are likely to violate this Agreement, all as determined by us in our sole discretion. If we suspend, terminate or otherwise disable access to your Account, you may be prevented from accessing certain portions of the Website, including certain text, icons, images, messages, tags, links, photographs, audio, video and other content appearing on the Website provided by us or third parties on our behalf (collectively, “Content“). Suspension or termination by us is without prejudice to all other remedies available to SBE by law or under this Agreement. 2.4 Cessation of Functionality; Change of Leads. As part of our continuing innovation, we may stop (permanently or temporarily) providing certain Website features to you in our sole discretion, without prior notice to you. The form and nature of any of the Leads may change from time to time without prior notice to you. Relationship with Leads; Transactions. 3.1 Accurate Descriptions and Other Representations of Leads. You agree to be fully accurate in describing the products and/or services which you are promoting through the Website, and not to do anything that might be misleading to any prospective customer. As between you and SBE, you agree to be exclusively responsible for all products and/or services sold or otherwise provided to Leads. 3.2 No Endorsement or Other Relationship. You understand that your use of the Website does not indicate any endorsement of or business relationships with SBE and any the products and/or services which you are promoting through the Website, and you shall not act in any manner which implies any such endorsement or relationship, including without limitation communicating in any of your promotional materials that you are “partnering” with or are endorsed in any manner by SBE. 3.3 No Guarantees. We make no guarantees regarding the effectiveness of any of the Leads provided to you through the Website or otherwise regarding your interaction with any Leads or any other third parties to whom you may be introduced using the Website. We cannot and do not guarantee (a) the accuracy of any Lead (including without limitation that a Lead’s phone number, email address, mailing address or other contact information is valid or pertinent to your location or the location about which you queried), (b) availability and/or response of any Lead, or (c) that any Lead will meet your expectations. Moreover, SBE does not guarantee or warrant any type of results from any of the Leads, including without limitation any open rate, click through rate, financial gain or other benefit. We reserve the right, but are not obligated, to limit or discontinue the sale of any Leads to you or any other person (including without limitation the quantity of any specific Leads), geographic region or jurisdiction, or otherwise, and we may exercise this right on a case-by-case basis in our sole discretion. We also reserve the right to limit or prohibit orders of any of the Leads that, in our sole judgment, appear to be placed by persons who are dealers, resellers or distributors, whether or not they have so identified themselves to us. Further, we may refuse to sell any Leads to you for any reason (as determined by us in our sole discretion) given your past history on the Website or otherwise. You will not hold us liable for any errors and we have the right (as exercised by us in our sole discretion) to change any missing or inaccurate information regarding Leads at any time without any liability to you. The offer of any of the Leads made through the Website is void where prohibited. 3.4 Intended Use Only. The Leads provided to you are intended for your use only, which is to provide your advertised services to such Leads as clients of yours. You may not sell such Leads to any third party. You shall use all Leads for their intended use only. 3.5 Sales are Final and As-Is. All sales are final and no refunds will be provided for any Lead purchases. All Leads are provided by us and acquired by you on a “AS IS” and “WHERE IS” basis. 3.6 Payments. Your request for us to charge your credit card by providing your credit card information to us or to our ecommerce gateway or other service provider, indicates your express authorization for us (or such third party) to charge your credit card for the associated purchase of Leads requested by you. By making a purchase through the Website, you agree to pay us (or our ecommerce gateway or other service provider, as the case may be) all charges at the prices then in effect using the payment method selected by you. Your right to receive any of the Leads is conditional on our prior receipt of the full payment and related costs (such as taxes and delivery) for each such Lead. If all such payment and costs cannot be charged to your credit card or if a charge is refunded for any reason, including by chargeback, we reserve the right to refuse to deliver the Lead you ordered and/or cancel your order, as determined by us in our sole discretion. Again, you are fully responsible for all charges made under your Account or otherwise in your name, and you will pay us all fees associated with any reversal of any purchase by you including without limitation our legal fees (including reasonable attorneys’ fees). Your credit card payment may be rejected if we (or a third party working on our behalf) detect the presence of certain fraud indicators or otherwise a pattern of misuse. Please note that whether a credit card is accepted or rejected is not always determined by information provided by the cardholder, and we apologize for any inconvenience for orders where a credit card payment is not acceptable. 3.7 Taxes. You are responsible for paying all applicable taxes arising out of any purchase of any of the Leads made by you through the Website or otherwise, including without limitation all duties, taxes, and/or other fees or charges that may apply to the sale of any Leads. 3.8 Your Personal Information. In the event you wish to purchase any of the Leads or use other certain functionality of the Website, you will be asked by SBE and/or a third party working on our behalf to supply certain of your PII to us and/or them. You shall provide us and/or such third party (as applicable) with accurate, complete and current PII (including without limitation your email address and credit card number and expiration date), and you shall update all PII if and as soon as such information changes before you make any additional purchase of any the Leads. You shall be responsible for all activity conducted through the Website which is identified with such information. 3.9 CAN-SPAM & Telephone Consumer Protection Act Compliance. SBE shall provide you with a non-exclusive, limited license to use Leads contact information (a) for Exhibitor’s own internal business use only, (b) not in any manner which could compete with SBE directly or indirectly, and (iii) only in strict compliance with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act and the CAN-SPAM Act (the “License”). Other than for the License, you shall not (a) retain any rights in and to the Leads not expressly granted by the License, or (b) use the Leads in any manner not expressly permitted by the License, including without limitation by utilizing any automatic telephone dialing system to call or text message any person unless you have independently obtained prior express written consent from such Leads to do so, and further unless you maintain an internal Do Not Call List that complies with all applicable federal and state regulations. Again, SBE does not guarantee or warrant any type of results from the use of the Leads, including without limitation any open rate, click through rate, financial gain or other benefit. No refunds are provided for use of the Leads. 4. Usage Restrictions. 4.1 Usage Restrictions. You shall not use the Website in any manner that: (a) enables you (or enables any other person) to (i) copy, modify, create a derivative work of, any Content, or (ii) copy, modify, create a derivative work of, reverse engineer, translate, adapt or decompile (or attempt to translate, adapt or decompile) or otherwise attempt to extract any software underlying any portion of the Website or the source code of the software underlying the Website or any portion thereof; (b) interferes with operations or services provided by the Website or otherwise disrupts the Website in any way; (c) interrupts, destroys or limit the functionality of, any computer software or hardware or telecommunications equipment (including without limitation by means of software viruses, Trojan horses or any other computer code, files or programs); (d) infringes any copyright, trademark, trade secret, patent or other right of any party (including the promoting of an illegal or unauthorized copy of another person’s copyrighted work), or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);(e) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable, as determined by us in our sole discretion; (f) involves the creation of an account or otherwise involves a user attempting to copy our technology, lists or other assets, or otherwise creates a false identity or otherwise attempts to mislead any person as to the identity or origin of any communication; (g) exports, re-exports, or permits downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (h) causes us to lose (in whole or part) the services of our internet service providers or other suppliers;(i) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (j) links to materials or other content, directly or indirectly, to which you do not have a right to link or which we determine in our sole discretion is not appropriate to be linked to from the Website; or (k) violates, or encourages others to violate this Agreement (or engages in any other activity deemed by us to be in conflict with this Agreement), or violates or encourages others to violate any applicable local, state, national, or international law. 4.2 Reporting Violations. You shall immediately notify us in writing of any Content that you view through the Website which you deem to be offensive, inappropriate or otherwise a violation of this Agreement. 4.3 Disabling or Revocation of Use. We have the right to cancel or suspend your use of the Website (if applicable) including without limitation any purchase made by you, for any reason (without having to specify the reason) or for no reason at any time, as determined in our sole discretion, including without limitation if we believe you have violated this Agreement. Intellectual Property. 5.1 Proprietary Rights. Content provided by SBE or any of our third party licensors is protected by copyright, trademark and other laws of the United States and/or other jurisdictions. Other than for third party Trademarks (as defined below in Section 5.2) appearing on the Website, you acknowledge and agree that as between you and us, all right, title and interest (including without limitation all copyright, trademark, patent, trade secret and other intellectual property rights) in and to Website (including without limitation all other Content appearing therein) is owned by us, and that you have no rights in and to the Website other than as expressly set forth in this Agreement. Except for that information which is in the public domain and is not otherwise limited by third party rights or for which you have been given express written permission by us, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without our prior written consent or, where applicable, that of our licensors. However, you may print copies of materials on the Website for your personal, noncommercial use only, provided that you must keep intact all copyright, Trademark, and other proprietary notices appearing therein and that you use such materials only in the manner permitted by this Agreement and never in any manner which directly or indirectly competes with us or disparages us or any of the Leads. For clarity and without limiting the foregoing, please note that Content posted by other Website users may also be protected by copyright, trademark patent and other rights under the laws of the United States and/or other jurisdictions, and no rights in such Content whatsoever are granted to you other than those expressly granted herein or by the owner of such Content. 5.2 Trademarks. “SMALL BUSINESS EXPO” and “THE SHOW PRODUCERS” are Trademarks of or used by SBE. All other Trademarks referenced on the Website are the property of their respective owners. SBE is not affiliated with or sponsored or endorsed by any trademark owner whose Trademark may appear on the Website and whose owner is not indicated to be SBE. As used herein, the term “Trademarks” means, collectively, all service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing on the Website which indicate a source of goods or services. Trademarks are protected by the trademark laws of the United States and/or other jurisdictions. You may not use, copy, reproduce, republish, distribute or modify any Trademarks in any way, including without limitation in the distribution of any Content, for advertising or publicity or otherwise, without our prior written consent or the prior written consent of each such third party Trademark holder, as applicable. Unless you have been expressly authorized to do so in writing by SBE or any other applicable Trademark holder, you shall not use any Trademark in any way that is likely or intended to cause confusion with the owner of such Trademark. Furter, you grant us the right to use your Trademark on the Website in order to facilitate your use of the Website. 5.3 Removal of Notices. You shall not remove, obscure, or alter any proprietary rights or notices (including without limitation copyright and Trademark notices) which may be affixed to or contained within any Content. You shall abide by all such notices. Links; Third Party Websites. The Website may provide links to third party websites that we believe may be of potential interest to you. Because we do not endorse or otherwise have control over such websites, we are not responsible or liable, directly or indirectly, for (a) the availability of such websites, (b) any content, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services, products, or other materials on or available from such websites, (c) your participation, correspondence or business dealings with any third party regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, which are solely between you and any such third party, and/or (d) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party or any other third party whom you form a connection with through or because of the Website or any of the Leads. Your use of any website linked to from the Website is subject to the policies and procedures of the owner of such website and not to the terms and conditions of this Agreement. Representations, Warranties and Covenants. You represent and warrant that (a) you have all rights, power and the full legal authority to enter into this Agreement (and if you are entering into this Agreement on behalf of any entity that you are fully authorized by such entity to so enter into this Agreement on its behalf), (b) you have carefully read this Agreement and shall comply with all of your obligations under this Agreement, the Privacy Policy (as defined in Section 11 below) and any other terms or conditions posted on the Website, (c) this Agreement is enforceable against you in accordance with its terms and conditions, (d) you shall not purchase any of the Leads for any commercial use, resale or export, and (e) you shall not, without legitimate and actual grounds, disparage SBE, any of our personnel, the Website or any of our Leads. DISCLAIMER OF WARRANTIES. YOUR USE OF THE WEBSITE AND ANY LEADS YOU PURCHASE FROM US ARE ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND AT YOUR SOLE RISK. NEITHER SBE NOR ANY OF ITS AFFILIATED ENTITES, NOR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR SUCCESSORS (COLLECTIVELY, THE “SBE PARTIES”) HAS OR SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE OR OTHERWISE RELATED TO YOUR PURCHASE OR YOUR USE OF ANY OF THE LEADS. FURTHER, NEITHER SBE NOR ANY OF THE SBE PARTIES MAKES ANY PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE, OR SHALL BE LIABLE, FOR ANY LOSSES OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM OR RELATED TO, ANY USE OF THE WEBSITE AND/OR ANY INTERACTION WITH ANY OF THE LEADS OR ANY OTHER PARTY. SPECIFICALLY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SBE DISCLAIMS (A) ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE AND ANY OF THE LEADS, AND (B) ALL WARRANTIES NOT EXPRESSLY MADE IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH YOUR SALE OF ANY PRODUCTS OR SERVICES TO ANY OF THE LEADS (OR ANYONE ELSE) OR OTHERWISE YOUR USE OF THE WEBSITE. SBE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, UNDER NO CIRCUMSTANCES SHALL SBE BE LIABLE IN ANY WAY OR FORM FOR ANY LOSS OR DAMAGE ALLEGED TO ARISE OR ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY OF THE LEADS, OR YOUR INTERACTION WITH ANY THIRD PARTY WITH WHOM YOU WERE INTRODUCED TO BY SBE OR WITH WHOM YOU CONTACTED USING THE WEBSITE, OR OTHERWISE IN CONNECTION WITH YOUR PURCHASE OF ANY OF THE LEADS. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY OF THE SBE PARTIES BE LIABLE FOR LOST PROFITS OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, YOUR (A) USE OF THE WEBSITE OR YOUR INABILITY TO USE THE WEBSITE (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT APPEARING ON THE WEBSITE OR YOUR LOSS OF DATA, INCOME, OR PROFIT, OR LOSS OR DAMAGE TO PROPERTY), (B) YOUR INTERACTION WITH ANY LEADS INCLUDING WITHOUT LIMITATION ANY COMMERCIAL TRANSACTION WITH ANY LEAD OR ANY PERSON RELATED TO A LEAD, OR YOUR FAILURE TO ENTER INTO ANY SUCH TRANSACTION, (C) OTHERWISE YOUR USE OF THE WEBSITE OR ANY LEADS PURCHASED FROM US OR OTHERWISE AVAILABLE THROUGH THE WEBSITE, IN EACH OF THE FOREGOING INSTANCES WHETHER OR NOT ANY OF THE SBE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE SBE PARTIES COLLECTIVELY TO YOU OR ANY RELATED PERSON (OR PERSON ACTING ON YOUR BEHALF) IN ALL CIRCUMSTANCES IS LIMITED TO THE COST OF ALL LEADS PURCHASED BY YOU FROM THE WEBSITE IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE ARISING OF SUCH LIABILITY.SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTION 8 ABOVE AND/OR THIS SECTION 9 MAY NOT APPLY TO YOU, BUT IN SUCH A CASE SUCH LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Indemnification. You shall indemnify, defend and hold harmless SBE and each of the other SBE Parties from all claims, demands, causes of action and/or lawsuits (each, a “Claim” and collectively, “Claims“) and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorneys’ fees and disbursements (collectively, “Losses“) made by any third party arising out of or related to (a) the breach by you of any of your representations, warranties, covenants under this Agreement or your failure to fulfill any of your obligations under this Agreement, (b) your negligence or misconduct, (c) your relationship with any Leads, and/or (d) your violation of any law or regulation. You shall provide all applicable SBE Parties with prompt written notice of any Claim or potential Claim of which you become aware. Upon the assertion or commencement of any Claim against one or more of the SBE Parties by any third party that may give rise to liability of any such SBE Party hereunder, you shall assume the control of the defense of such Claim at your sole expense with counsel reasonably acceptable to each such applicable SBE Party; provided, however, that each such SBE Party may take part in and/or fully assume such defense, in its sole discretion and at its own expense, after you assume the control thereof. You shall not enter into any settlement of any Claim which any of the SBE Parties believes is adverse to its interests, without receiving the prior written consent of each of the SBE Parties affected by such Claim. In no event shall any of the SBE Parties be obligated to participate in any settlement which any such party reasonably believes would have an adverse effect on such party’s business interests. Privacy. SBE views the protection of your privacy as an important responsibility. The terms regulating the handling, use and storage of your PII and other information by us in connection with the Website is described in our Privacy Policy, which can be found at https://www.thesmallbusinessexpo.com/privacy-policy/ (the “Privacy Policy”). By using the Website, you consent to the collection and use of your PII by us as described in the Privacy Policy. However, the handling, use and storage of your PII by any third party is subject to the privacy policy (if available) of such third party and not the Privacy Policy; for instance, when you provide your credit card information to our ecommerce gateway or other service providers, your PII will be subject to the privacy policy of our ecommerce gateway or other service providers. No Endorsement. SBE is neither affiliated with, nor sponsored or endorsed by, any specific product, service, methodology or person. Neither SBE nor any of the other SBE Parties has endorsed you or any of the Leads by enabling you to use the Website and neither you nor any of the Leads are affiliated with SBE or any of the other SBE Parties, or neither you nor any of the Leads endorses or is affiliated with us or the Website. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and SBE by this Agreement or as a result of your use of the Website or your purchase of any Leads. Notices. All notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Small Business Expo LLC, Attn: Legal Department, 110 E Broward Blvd, Suite 1700, Fort Lauderdale, FL 33301 and by email at clientservices [at] theshowproducers.com, and to you at the address and email listed provided to us by you at registration. Notice shall be deemed given three (3) days after the date of such mailing and upon receipt of such email. Governing Law; Arbitration; NO CLASS CLAIMS; TIMELY FILING OF CLAIMS. Any dispute with you or any person acting on your behalf (if applicable) which arises out of or is related to your use of the Website, your attendance at any Event, this Agreement, and/or any other understanding or arrangement between you and SBE or any of the other SBE Parties, including without limitation regarding any breach of this Agreement, any contacts between you and SBE (including, but not limited to, email, telephone calls, and text messages), or any other such other understanding or arrangement (the “Potential Claims”), shall be finally resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules & Procedures (the “Rules”) , and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. YOU AND SBE ARE EXPRESSLY WAIVING ANY RIGHTS TO A JURY TRIAL PERTAINING TO THE POTENTIAL CLAIMS. The arbitration will be conducted in the City of Fort Lauderdale, State of Florida, by an arbitrator with applicable industry expertise in the field of event management services, who shall be named in accordance with the Rules. The award of the arbitrator shall be final and binding on you and SBE. Any statement of the reasons upon which the award is based (if any is issued) as well as all information concerning such arbitration proceedings including without limitation all evidence and materials submitted by you and SBE and any decision rendered shall be deemed to be the confidential information of SBE and shall not be made public by you or any person acting on your behalf or for your interest (and any submission made to any court as part of such a proceeding shall be made under seal). Each of the parties shall pay for such party’s own legal fees and costs as part of such arbitration (including all of such party’s attorneys’ fees). NO ARBITRATION OR CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or SBE may apply to any federal or state court sitting in Broward County and State of Florida for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision, and you and SBE each submits to the exclusive jurisdiction of such courts for such purpose. You and SBE each expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST ANY OF THE SBE PARTIES WHICH ARISES OUT OF OR IS RELATED TO THIS AGREEMENT OR OTHERWISE YOUR USE OF THE WEBSITE OR PURCHASE OF ANY PRODUCTS MUST BE FILED BY YOU PURSUANT TO THIS SECTION 15 WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN. Equitable Relief. You agree that it would be impossible or inadequate to measure and calculate SBE’s damages from any breach of certain of the representations, warranties or covenants made, or obligations undertaken, by you in this Agreement. Accordingly, you agree that SBE shall have the right to obtain an immediate injunction enjoining any breach or threatened breach of any your obligations under this Agreement which SBE in its sole discretion believes will cause damage to any of the SBE Parties, without having to post a bond or other security, and to specific performance of any such provision of this Agreement. The remedies of SBE in connection with this Section 16 shall be in addition to, and not in limitation of, any other remedies to which SBE may be entitled under this Agreement or otherwise at law or in equity. If SBE prevails in any such proceeding, SBE shall have the right to recover from you the costs and expenses thereof, including without limitation for reasonable attorneys’ fees. For purpose of this Section 16, you agree to the personal and exclusive jurisdiction by and venue of any federal or state court sitting in Broward County and State of Florida for SBE’s pursuit of such relief, without breach of the above arbitration provision, and you and SBE submit to the exclusive jurisdiction of such courts for such purpose, and to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum Assignment. You shall not resell or assign any of your rights, duties or obligations under this Agreement and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by SBE, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limitation of the foregoing, we may sell, transfer or otherwise share some or all of our assets, including without limitation your PII, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, including without limitation in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such an event, the PII we have collected from you may be one of the assets transferred. No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If SBE does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which SBE has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of SBE’s rights, and all such rights or remedies shall still be available to SBE. Force Majeure. The failure or delay of SBE in performing any of our obligations under this Agreement shall be excused (and SBE shall not be deemed to have breached this Agreement) if such failure or delay is a result of any of the following: (a) any act or omission of yours, (b) the unavailability of any Lead or raw materials contained in such Lead, or (c) any event which prevents or delays the performance by us of any of our obligations, whether by reason of any (i) act of God, (ii) flood, fire, earthquake, or like natural disaster, (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil disturbance or unrest, civil commotion, acts of public enemies, public agitation, or sabotage, (iv) epidemics or pandemics (even if such circumstances might be deemed to be foreseeable), (v) widespread Internet, communications or electrical outages, (vi) actions, embargoes or blockades, (vii) acts or orders of government or authorities, rules and regulations, or any delay or abandonment due to any order of any court of applicable jurisdiction, (viii) national or regional emergency, (ix) strikes, labor stoppages, lock-outs, slowdowns or other industrial disturbances, and (x) any other cause beyond the reasonable control of SBE. General. If any provision of this Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement and any ancillary terms and conditions referenced on the Website or otherwise provided by us sets forth the entire understanding and agreement between us with respect to your use of the Website and purchase of Leads. The provisions of this Agreement shall survive termination or expiration to the extent necessary to carry out the obligations of you and SBE under this Agreement. Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at clientservices [at] theshowproducers.com or write to us at Small Business Expo LLC, 110 E Broward Blvd, Suite 1700, Fort Lauderdale, FL 33301.