World Dairy Expo
ExpoTV Subscription Terms of Service
Last Updated: September 12, 2024

Acceptance of ExpoTV Subscription Terms of Service
This World Dairy Expo, Inc. (“WDE”, “we”, “our”, or “us”) ExpoTV Subscription Terms of Service (“Terms”) applies to your access and use of our ExpoTV website platform providing livestreaming and videotaped content of select World Dairy Expo 2024 events, sessions, and highlights at the Alliant Energy Center in Madison, Wisconsin USA from September 29, 2024 to October 4, 2024 (“Services”). Access to the Services will be available from noon (CST) on Saturday, September 29 through midnight (CST) on Friday, January 3, 2025, unless earlier terminated pursuant to these Terms (“Access Period”). By submitting your subscription order (“Order”), you acknowledge and accept these Terms, and any additional terms and conditions made available to you that are applicable to your subscription to the Services. YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; AND (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY (AND HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION YOU ARE IN) TO ENTER INTO THESE TERMS. WDE is using a third party payment processor, Webconnex Payments, to process payments and all payments are also subject to its terms and conditions (as applicable); provided that as between you and WDE, in the event of a conflict of such terms and conditions and these Terms, these Terms shall govern and control. Should you not wish to accept these Terms, you shall not order a subscription of the Services through our website (“Site”) or use the Services.
You acknowledge and understand we use your information to provide, analyze, administer, enhance and personalize our Site and the services we provide to you, including the Services and our marketing of our other services to you as described in our Privacy Policy, found at https://worlddairyexpo.com/pages/Privacy-Policy.php (“Privacy Policy”). We also use your information to communicate with you and to operate our business, as further outlined in our Privacy Policy.

1. Access and Use.
1.1. You acknowledge and agree that this subscription to the Services is for your own personal use and not to be shared with other individuals or third-parties. Solely during the Access Period, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access the Services solely for your own personal use.
1.2. You shall not use the Services for any purposes beyond the scope of the access granted in these Terms. Except as otherwise set forth in these Terms, you shall not at any time, directly or indirectly, and shall not permit any third-party to: (a) copy, modify, or create derivative works of the Services, in whole or in part; (b) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (d) remove any proprietary notices from the Services (including, without limitation, any materials and content provided through the Services); or (e) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
1.3. Your Order will be confirmed by email message to the account contact email address submitted with the Order.
1.4. All Orders are final. No refunds will be granted.

2. Your Responsibilities. You are responsible and liable for all uses of the Services and resulting from access, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. You are responsible for maintaining and safeguarding the security of your account and password and you shall not share such password with any other person or allow any other person to access the Services under your account.

3. Intellectual Property.
3.1. We reserve all rights not expressly granted to you in these Terms. Except for the limited right granted under Section 1.1, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party, any intellectual property rights or other right, title, or interest in or to the Services (including, without limitation, any and all intellectual property provided to you in connection with the foregoing). You acknowledge that, as between you and WDE, WDE owns all right, title, and interest, including all intellectual property and other proprietary rights, in and to the Services (including, without limitation, any and all intellectual property provided to you in connection with the foregoing).
3.2. Notwithstanding anything to the contrary in this Agreement, WDE may monitor your use of the Services and collect and compile data and information related to your use of the Services that is used by WDE in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between WDE and you, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by WDE. You agree that WDE may (a) make Aggregated Statistics publicly available in compliance with applicable law, and (b) use Aggregated Statistics to the extent and in the manner permitted under applicable law.
3.3. If you send or transmit any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), WDE is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to WDE all right, title, and interest in, and WDE is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although WDE is not required to use any Feedback.

4. Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS” AND WDE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WDE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WDE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR ANY CONTENT OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ADDITIONALLY, ANY THIRD-PARTY WEBSITES OR DOCUMENTS LINKED FROM THE SERVICES ARE SOLELY FOR CONVENIENCE ONLY, AND ACCESSING SUCH WEBSITES OR DOCUMENTS ARE ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES OR DOCUMENTS.

5. Confidentiality. From time to time, WDE may disclose or make available to you information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, whether or not marked, designated, or otherwise identified as “confidential” (collectively, “Confidential Information”). Confidential Information does not include information that, at the time of disclosure is: (a) generally known to the public; (b) known to you at the time of disclosure; (c) rightfully obtained by you on a non-confidential basis from a third party; or (d) independently developed by you without use of WDE’s Confidential Information. You shall not disclose WDE’s Confidential Information to any person or entity. You shall safeguard WDE’s Confidential Information from unauthorized use, access, or disclosure using at least the degree of care you use to protect your similarly sensitive information and in no event less than a reasonable degree of care. Notwithstanding the foregoing, you may disclose Confidential Information to the limited extent required (x) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that you shall first have given WDE written notice and made a reasonable effort to obtain a protective order; or (y) to establish your rights under these Terms. Your obligations of non-disclosure with regard to Confidential Information are effective as of the effective date of these Terms and will expire three years from the expiration or termination of these Terms; provided, however, with respect to any of WDE’s Confidential Information that constitutes a trade secret (as determined under applicable law), your obligations under this Section will survive the termination or expiration of these Terms for as long as such Confidential Information remains subject to trade secret protection under applicable law.

6. Indemnification. You shall indemnify, hold harmless, and defend WDE (with counsel reasonably acceptable to WDE), its affiliates and subsidiaries, and its and their directors, officers, employees, agents, volunteers, licensors, exhibitors, sponsors, service providers, successors, and assigns (collectively, the “WDE PARTIES”) from and against any losses, damages, liabilities, expenses, or costs (including reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding arising out of or relating to: (a) your violation of these Terms; (b) your violation of any applicable laws or regulations, (c) your infringement or misappropriation of any intellectual property right, or your violation of any other proprietary or privacy right, or (d) your acts or omissions in using the Services (including, without limitation, the results from using the Services). The WDE PARTIES will have the right, at their option, to defend themselves against any such claim or to participate in the defense thereof by counsel of their own choice. You may not enter into any third-party agreement which would, in any manner whatsoever, affect a WDE PARTIES’ rights, constitute an admission of fault by a WDE PARTY, or bind a WDE PARTY in any manner, without our prior written consent.

7. Limitations of Liability.
7.1. IN NO EVENT WILL WDE BE LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, UNDER THESE TERMS OR ARISING OUT OF OR IN CONNECTION WITH THE EVENT, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2. IN NO EVENT WILL WDE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE AMOUNT YOU HAVE PAID US FOR YOUR ORDER FOR THE SERVICES. IN NO EVENT WILL YOUR ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE EXCLUSIONS IN SECTION 7 MAY NOT APPLY TO YOU. IN SUCH CASES, THE WDE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Termination. These Terms shall expire at the end of the Access Period. You may terminate these Terms at any time by ceasing further use of the Services. We may, with or without notice, terminate, modify, suspend, and/or deny you access to the Services (in whole or in part) if we suspect that you have breached these Terms or we believe your use poses a security threat to the Services. In addition, these Terms will terminate immediately and automatically without any notice if you violate or breach any of the terms and conditions of these Terms. You agree that we will not be liable to you or to any third party for any termination, modification, suspension, discontinuation, or denial of access to, the Services or any part thereof. Upon expiration or termination of these Terms for any reason, all rights granted to you will also terminate and you shall immediately cease use of the Services. Termination will not limit any of our rights or remedies at law or in equity.

9. Governing Law. All matters relating to this Agreement, and any dispute or claim arising therefore or related thereto, shall be interpreted according to the laws of the state of Wisconsin without regard to or application of choice-of-law rules or principles.

10. Arbitration and Class Action Waiver.
10.1. PLEASE READ THIS SECTION 10 CAREFULLY. BY AGREEING TO THESE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST WDE ON AN INDIVIDUAL BASIS IN ARBITRATION, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS SECTION 10, WHICH IS REFERRED TO AS THE “ARBITRATION AGREEMENT.” THIS ARBITRATION AGREEMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT ALSO CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
10.2. You agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms or arising out of or relating to the Services shall be finally settled and resolved through binding individual arbitration as described in this Section 10. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness (“JAMS”). All arbitration proceedings shall be before a single arbitrator, held in English, and in accordance with governing law set forth in Section 9 above. The arbitrator’s ruling is final and binding, and may be entered as a judgment in any court of competent jurisdiction.
10.3. The JAMS Rules are available online at https://www.jamsadr.com or by calling (800) 352-5267. There is no judge or jury in arbitration. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR SIMILAR PROCEEDING. YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THIS AGREEMENT TO ARBITRATE (I.E., WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION) SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, IF THE CLASS ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS.
10.4. If you wish to opt out of this Arbitration Agreement, within 45 days of the effective date of these Terms or when you place your Order, whichever is later, you must send us a letter stating: “Request to Opt-out of Agreement to Arbitrate” to:
World Dairy Expo, Inc.
Attn: General Manager
3310 Latham Drive
Madison, WI, USA 53713
10.5. If the Arbitration Agreement is found unenforceable or to not apply for a given dispute, or if you opt out of the Arbitration Agreement in accordance with Section 10.4, then, unless prohibited by applicable law, the proceedings must be brought exclusively in the state or federal courts in Dane County, State of Wisconsin. You agree to submit to the personal jurisdiction of each of these courts for the purposes of litigating such claims or disputes. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION, AND AGREE TO REMAIN BOUND BY ANY AND ALL LIMITATIONS OF LIABILITY AND DAMAGES INCLUDED IN THESE TERMS.

11. Force Majeure. WDE shall not be liable for failure to perform any or all obligations due to events beyond its reasonable control, including, but not limited to, natural disasters; acts of war; threats or acts of terrorism; governmental actions; strikes or other labor disruptions; epidemics, pandemics, or other public health crises (including but not limited to COVID-19) and/or the public health response to the same whether by formal orders or governmental recommendations. WDE shall not be liable for any claims for loss or damage due to the failure to hold the Event.

12. Miscellaneous.
12.1. Severability. In the event any term or provision in these Terms are held by an arbitrator, court, or other tribunal of competent jurisdiction to be invalid or unenforceable, then such invalidity or unenforceability shall have no effect on the other terms and provisions of these Terms, which shall remain valid, binding and enforceable and in full force and effect, and such invalid or unenforceable term or provision will be enforced to the maximum extent permissible under applicable law.
12.2. Amendment; Waiver. No amendment to or modification to these Terms is effective unless it is in writing and signed by an authorized representative of each party. No failure of by you or WDE to exercise or enforce any of its rights under these Terms shall act as a waiver of subsequent breaches and the waiver of any breach shall not act as a waiver of subsequent breaches.
12.3. Assignment. You shall not assign any of its rights or delegate any of its obligations under these Terms without the prior written consent of WDE. Any purported assignment or delegation in violation of this Section is null and void.
12.4. Survival. The provisions set forth in Sections 3, 4, 5, 6, 7, 9, 10, this Section 12 and any other right or obligation of you or WDE that, by its nature, should survive the expiration or termination of these Terms, will survive the expiration or termination of these Terms.
12.5. Entire Agreement. These Terms, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter of these Terms and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter.