IMS Shows

We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use our services, and what we expect from you.

LIMITS OF LIABILITY

1. IMS and its contractors shall not be li-able for damage, loss, or delay to uncrated freight improperly packed, glass breakage or concealed damage.
2. Relative to inbound shipments, there may be a lapse of time between the deliv-ery of shipment(s) to the booth by IMS or its contractors and the arrival of the Exhibi-tor’s representative at the booth. Simi-larly, relative to outgoing shipment(s), it is possible that there will be a lapse of time between the completion of packing and the actual pickup of freight from the booth for loading onto a carrier. It is understood that during such times the shipment(s) will be left in the booth unattended. Therefore, it is agreed that IMS and its contractors are not liable for the loss of, disappearance of, or damage to Exhibitor’s freight after the same has been delivered to Exhibitor’s booth, nor are IMS and its contractors liable for Exhibitor’s freight before it is picked up from the Exhibitor’s booth for loading after the show. Consequently, all bills of lading covering outgoing shipment(s) submitted to IMS or its contractors by Exhibitor will be checked at the time of pickup from booth and corrected where discrepancies exist.
3. IMS and its contractors shall not be liable for any damage incurred during the handling of equipment requiring special devices to properly load, place, or reload unless 14 days advance notice has been given to IMS in time to obtain the proper equipment.
4. IMS and its contractors shall not be liable for any loss, delay, or damage due to events beyond their reasonable control which cannot be avoided by the exercise of due care and prudence, including without limitation, strikes, labor disputes, lockouts or work stoppages of any kind, fire, theft, windstorm, water, vandalism, acts of God, mysterious failure of power or utilities, and other events of force majeure.

5. IMS and its contractors shall not be li-able for ordinary wear and tear in handling of equipment.
6. It is understood that IMS and its contrac-tors are not insurers. Insurance if any, shall be obtained by the Exhibitor. Amounts payable by IMS hereunder are based on the scope of the liability as herein set forth and are unrelated to the value of the Exhibitor’s property. It is further understood and agreed that IMS and its contractors do not provide for full liability should loss or damage occur. In the event that IMS or its contractors should be found liable for loss or damage to Exhibitor’s equipment, the li-ability shall be limited to the specific article that was physically lost or damaged. Such liability shall be limited to a sum equal to $.30 per pound per article, with a maximum liability of $50.00 per item or $1,000.00 per shipment, whichever is less, as agreed upon damages and exclusive remedy. Provisions of this paragraph shall apply if loss or dam-age, regardless of cause or origin, results directly or indirectly to property through performance or non-performance of obliga-tions imposed by the offering of services to Exhibitors, or from negligence, active or otherwise by IMS, its contractors or their employees.

7. IMS and its contractors shall not be li-able to any extent whatsoever for indirect, special, incidental, or consequential dam-ages, including, but not limited to delay any actual, potential or assumed loss of profits or revenues, loss of use of equipment or products, or any collateral costs that may result from any loss, injury or damage to Exhibitor’s
materials or exhibitor personnel which may make it impossible or impractical to exhibit the Exhibitor’s materials.
8. Claims for loss or damage must be sub-mitted to IMS by the close of the show. No suite or action shall be brought against IMS or its contractor more than one year after the cause of action accrues.
9. The Exhibitor agrees, in connection with the receipt, handling, temporary storage and reloading of its freight, that IMS and its contractors will provide these services as Exhibitor’s agent and not as bailee or shipper. If any employee of IMS or its con-tractors shall sign a delivery receipt, bill of lading or other document, the parties agree that IMS or its contractors will do so as the Exhibitor’s agent, and the Exhibitor accepts the responsibility thereof.
10. IMS and its contactors shall not be liable for shipments received without re-ceipts, freight bills or specified unit counts on receipts or freight bills, such as UPS or van lines. Such shipment will be delivered to booth without guarantee of piece count or condition.

11. Empty container labels will be available at the IMS Service Desk. Affixing the labels is the sole responsibility of the Exhibitor or its representative. It is understood that these labels are used for EMPTY STORAGE ONLY, and IMS and its contractors assume no responsibility or liability for loss or damage to contents while containers are in storage or for mislabeled containers.
12. In order to expedite removal of freight from the show site, IMS shall have the au-thority to change designated carriers if such carriers do not pick up on time. Where no disposition is made by the Exhibitor, freight will be taken to a warehouse to await exhibitor’s shipping instructions, and the exhibitor agrees to be responsible for pay-ment of charges relating to such handling at the warehouse. IMS assumes no liability as a result of such rerouting or handling.
13. The Exhibitor agrees, in the event of a dispute with IMS or its contractors rela-tive to any loss or damage to any of the Exhibitor will not withhold payment in any amount due to IMS for freight handling services or any other services provided by IMS or its contractors as an offset against the amount of the alleged loss or damage. Instead, the Exhibitor agrees to pay IMS prior to the close of the show for all such charges and further agrees that any claim the Exhibitor may have against IMS or its contractors shall be pursued independently by the Exhibitor as a completely separate transaction to be resolved on its own merits.
14. No credit or refund will be issued on any orders cancelled after the advance order deadline date.
15. No credit or refund will be issued close of event.
16. Consignment of shipments to IMS, Inc. and/or acceptance of shipments by IMS, Inc. shall constitute an agreement of all terms & conditions set forth in this manual.

This Privacy Policy (the “Policy”) governs the manner in which IMS Shows collects, uses, maintains, and discloses information collected from you in connection with the IMS Shows online storefront.

IMS Shows 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”).

Information Use

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.

Commercial Use of Information

IMS Shows will not sell or share the Information with third parties for any commercial purposes without your consent and express agreement. IMS Shows may, however, use the Information in order to share generic, collective, group, or other non-identifying information about the use of IMS Shows’s products and services as part of commercial transactions with third parties to help IMS Shows improve its products and services or for any other lawful purpose.

Third-Party Service Providers

IMS Shows may use third-party service providers and vendors to assist IMS Shows in providing its products and services to you and others, including, without limitation, services to host IMS Shows’s Software Services, Storefronts, payment processes, and other services pursuant to the Agreement. IMS Shows 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, IMS Shows in providing Software Services and other services pursuant to the Agreement.

IMS Shows may disclose your Information as IMS Shows reasonably believes is required by court order, governmental directive, or other law, to protect the rights of IMS Shows, or as otherwise allowed pursuant to the Agreement or applicable law.

Information Protection

IMS Shows will retain, protect, and process the Information and underlying or related data using commercially reasonable practices. Although IMS Shows will undertake such efforts to preserve and protect the integrity of the Information, you acknowledge and agree that all security measures have potential risks.

Customer Control of Collected Data

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.

Updates to our Policy

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.

To the extent that this Policy is inconsistent with applicable law, it is the intent of IMS Shows 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.

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