24-7 Exhibits Terms & Conditions
These Terms of Service contain the complete terms and conditions, which govern Your purchase of services provided by 247exhibits.com (the Services). As used in this Agreement, 24-7 Exhibits‚ means officeDiggs, Inc., d/b/a 247 Exhibits, and Client, You, or Your means you, the purchaser of the Services. This Agreement sets forth the terms and conditions under which You agree to use the Services, and under which 24-7 Exhibits agrees to provide the Services to you.
1. Acceptance and Term of Agreement.
1.1. Acceptance of this Agreement. You are deemed to have accepted this Agreement upon the earlier of: (a) Your submission of an online order; (b) Your accepting this Agreement electronically during registration; or (c) Your use of the Services.
1.2. Effective Date and Term. This Agreement goes into effect upon Your acceptance of this Agreement as set forth in Section 1.1 and shall continue until terminated by either party as permitted by this Agreement.
2. Definition of Services.
For purposes of this Agreement, the term Services shall include the 24-7 Exhibits web-based service, including all software, equipment, content, technical support, and related services, and other features and services provided by 24-7 Exhibits under the pricing plan applicable to Your Service. 24-7 Exhibits reserves the right to change any of the features, content, or applications offered as part of the Services at any time with or without notice.
3. Revisions.
24-7 Exhibits may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Services) by posting such revisions to the 24-7 Exhibits website. You agree to visit these pages periodically to be aware of and review any such revisions. Increases to prices of the Services shall be effective five (5) days after posting; revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Services after revisions are in effect, You accept and agree to the revisions and to abide by them. 24-7 Exhibits also reserves the right to terminate Services at any time for no reason. In the event 24-7 Exhibits terminates Your Services, You will be entitled to a refund that is equivalent to any unused Services, if any.
4. Pricing, Payments and Discontinuation of
Services.
4.1 PRICING. You agree to pay the fees and charges applicable to the level of Services selected by you at the time of account creation, renewal or upgrade. Current pricing for specific levels of service is available at www.sales.247exhibits.com/plans. Current pricing may change from time to time at the discretion of 24-7 Exhibits. 24-7 Exhibits may, in its discretion, and to the extent it does not jeopardize the business operations or viability of 24-7 Exhibits, elect not to apply future pricing increases Your renewal or upgrade of any selected Services shall be acknowledgement and acceptance of the then current pricing for the Service. You also agree to pay all other charges, including but not limited to (a) applicable taxes, (b) surcharges, (c) and other nonrecurring charges. The taxes, fees, and other charges detailed in this Section 4 may vary on a monthly basis; any variations will be reflected in Your monthly charge. You also agree to pay any additional charges or fees applied to Your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. If any portion of your bill is not paid by the due date, 24-7 Exhibits may charge You a late charge pursuant to the then current pricing data as linked above.
4.2 PAYMENTS. Monthly recurring charges will be billed one month in advance. 24-7 Exhibits or its agent will bill You directly, or bill Your credit card directly if provided. Billing for Your Services will automatically begin upon expiration of any applicable trial periods available to new users at the time of account creation.
4.3 DISCONTINUATION OF SERVICES. Services to You may be denied or discontinued without notice at any time in the event: (a) any charges on Your bill are refused for any reason; (b) Your credit card provider denies or discontinues providing credit to You for any reason; (c) You fail to make payment when due; or, (d) provide 24-7 Exhibits with a new credit card expiration date before the existing one expires. Failure to pay any charges due may also result in the termination or suspension of Your Services without notice. In the event of any discontinuation of services for non-payment, any and all content may be locked and/or deleted.
4.4 CANCELATION
AND TERMINATION OF PLAN. Account and access to materials may be
terminated by 24-7 Exhibits for failure to pay, for violation of the user terms
and conditions, or for other reasons left within the discretion of 24-7
Exhibits under the then current Terms and Conditions of Use provisions.
Cancellation by a user of a month-to-month account may be done at any time,
effective as of the last date of current fully paid monthly period (or 30 days
from the date of last payment).
User Content will be deleted from cancelled month-to-month accounts 30
days from the effective date of cancellation. Deleted content will not be recoverable.
Cancellation by a user of a yearly plan may be initiated at any time, effective
as of the end of the then current yearly term period as determined by the
anniversary day for such plan. User
will remain responsible for any and all remaining monthly payments until the
close of the current yearly term period.
The user site will be available as normal for the remaining period of
the then current yearly term period.
User content will be deleted from cancelled yearly term period accounts
30 days from the effective date of cancellation (or 30 days from the
anniversary date). Deleted content
will not be recoverable.
Termination procedures by 24-7 Exhibits for non-payment are as follows: if payment is not received, or if
automated payment fails, user will be notified of the missing or failed
payment. User will have one (1)
month from the missed or failed payment date to satisfy all payment obligations
before the user site will be deactivated.
Once deactivated, the user site will be reactivated only upon receipt of
payment for the missed period (either payment from user or updating of valid
credit card data). Once
reactivated by payment of past due accounts, a new payment due date will be set
beginning the day after reactivation of the user account. Payment for the next pre-paid monthly
period of service will be charged on this new payment due date. 24-7 Exhibits will permit user sites to
be inactive for a total of 2 months before terminating the user account (or a
total of period of 3 months from the date of missing or failed payment). For yearly plans, the anniversary date
for the plan (the day upon which cancellation by the user may be effective)
will be extended by the amount of time the website was disabled (therefore
extending the plan to up to 15 months from the date of initial subscription to
the service). Upon termination for
non-payment, User Content will be deleted immediately. Deleted content will not be
recoverable.
4.5 UPGRADES
AND DOWNGRADES. You may upgrade your account at any time to cover
additional desired levels of service.
For month-to-month plans, upgraded feature will be available
immediately. Fees will not
increase until the next payment due date.
For yearly plans, upgraded features will be available immediately. Fees will not increase until the next
payment due date. The anniversary
day for upgraded yearly plans will be reset to 1 year following the first
increased payment due date.
Upgrading from a month-to-month plan to a yearly plan may be done at any
time. The yearly plan effective
date will be the next payment due date, and user will be charged the new yearly
plan monthly fee at that time. The
anniversary date of the new yearly plan will be one year from the date of first
payment as a yearly plan.
You may also downgrade your month-to-month service at any time. For month-to-month plans, fees and
downgraded service levels will take effect on the next payment due date. For yearly plans, you may notify 24-7
Exhibits at any time of your desire to downgrade services. However, for yearly plans, fees and
downgraded service levels will not take effect until the anniversary day. Users may not downgrade from a yearly
plan to a monthly plan until the anniversary day. In the event user elects to downgrade services levels, users
with authorized contributor accounts in excess of those permitted at the newly
selected levels will be asked to identify those contributor accounts to be
demoted to guest status as of the effective date for the downgrade.
4.6 FREE
SITES. From
time-to-time, and in its sole discretion, 24-7 Exhibits may authorize and
permit certain users to obtain and operate User sites without cost in return
for participation in beta testing, evaluation or other review of 24-7 Services
and systems. Such free sites may
be offered for a limited time or for an indefinite period equal to the
operational span of 24-7 Exhibits.
Free sites which are time limited shall convert to monthly accounts at
the conclusion of the limited free period. Free sites with an indefinite life shall be free and
operation, regardless of price increases or changes, for any and all periods in
which 24-7 Exhibits remains operational.
In the event of any termination, closure or other cessation of the
operations of 24-7 Exhibits, all free sites shall be discontinued in a manner
consistent with the closure of regular User Sites.
5. WARRANTIES AND LIMITATION OF LIABILITY.
5.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES SUPPLIED HEREUNDER ARE PROVIDED ON AN AS IS OR, AS AVAILABLE‚ BASIS, WITH ALL FAULTS. 24-7 EXHIBITS (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE.
5.2. 24-7 EXHIBITS RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICES OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICES).
6. Indemnification.
You agree to defend, indemnify and hold harmless 24-7 Exhibits from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by You (or any parties who use Your account, with or without Your permission, to access the Services); (b) the use of the Services or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by You (or any parties who use Your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by You (or any parties who use Your account, with or without Your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of 24-7 Exhibits; or (e) claims for infringement of any intellectual property rights arising from the use of the Services, software, or the Internet.
7. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania as such laws are applied to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents and by the laws of the United States. You hereby submit to the jurisdiction of the Centre County Court of Common Pleas, Pennsylvania, and the United States District Court for the Middle District of Pennsylvania, and agree that such tribunals shall have jurisdiction and venue over all controversies in connection herewith. You exclude in its entirety the application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods.
8. Severability.
In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
9. Waiver.
A waiver of any default hereunder or of any of the terms and conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. The exercise of any right or remedy provided in this Agreement shall be without prejudice to the right to exercise any other right or remedy provided by law or equity, except as expressly limited by this Agreement.
10.
Copyright Compliance.
As a service provider, 24-7 Exhibits is not responsible for any postings made by you on the site. To the extent required by law, 24-7 Exhibits will comply with any and all valid Digital Millennium Copyright Act (DMCA) notifications received in connection with any materials posted by users. You hereby agree that any action by 24-7 Exhibits taken in response to any deemed valid DMCA notification is authorized and consistent with the terms and conditions of use and hereby release and hold harmless 24-7 Exhibits for any such action and/or related liabilities. 24-7 Exhibits authorized DMCA Contact, Ann Echols, may be reached at 906 West College Ave., State College, PA 16801-2803 (aechols | at | 247exhibits | dot | com; office: 814-861-8108; fax: 888-731-7046). If you believe any content posted by a user of this service infringes your copyright, please notify the above referenced DMCA Contact in a manner consistent with DMCA notification requirements.
11.
Objectionable Content.
As a provider of services, 24-7 Exhibits will not undertake any systematic independent review of user posted materials. However, 24-7 Exhibits reserves the right to remove, restrict, or otherwise disable access to content which is deemed objectionable in the sole discretion of 24-7 Exhibits. In addition, 24-7 Exhibits may, in its discretion, provide users with a method for flagging objectionable content. 24-7 Exhibits reserves the right to take any or no action on such flagged content, at its own discretion. You hereby release and hold harmless 24-7 Exhibits, its officers, agents and employees, for any and all exercise of any discretionary rights provided in this provision.
12. Precedence.
These terms and conditions shall supersede any and all terms and conditions of use set by a User on a User managed site available through the 24-7 Exhibits services. To the extent any terms or conditions posted by You on a User site are deemed inappropriate by 24-7 Exhibits, such terms shall be deemed void and unenforceable and You hereby agree to remove such provisions upon written notice from 24-7 Exhibits.
*** Last Updated 8-26-08 ***
