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<p><strong>Please read carefully:</strong> The following Terms & Conditions define the respective parties’ responsibilities of the contractual agreement between Magnolia Convention Center ("MCC") and you, the Exhibitor. Acceptance of said terms and conditions will be construed when any of the following conditions are met:</p>
<ul>
<li>Signature of the Payment Authorization Form or</li>
<li>Online order is placed or</li>
<li>An order for labor, services, and/or rental equipment is placed by an Exhibitor with MCC or</li>
<li>Work is performed on behalf of Exhibitor by labor secured through MCC</li>
</ul>
<p><strong>DEFINITIONS:</strong> The name MCC shall be construed within the meaning of this contract as MCC, and their employees, officers, agents and assigns, affiliated companies and related entities including but not limited to any subcontractors MCC may appoint. The term Exhibitor shall be construed within the meaning of this contract as the EXHIBITOR and/or its employees, agents, representatives and/or any Exhibitor Appointed Contractor (EAC).</p>
<p><strong>PAYMENT TERMS:</strong> Full payment, including any applicable tax, is due in advance or at show site. A $25.00 administrative fee will be applied to any refund based on overpayment of check. All payments must be in U.S. funds and all checks must be drawn on a U.S. Bank. Orders received without advance payment or after the deadline date will incur additional (standard) charges as indicated on each order form. All materials and equipment are on a rental basis for the duration of the show or event and remain the property of MCC except where specifically identified as a sale. All MCC rentals include delivery, installation and removal from Exhibitor’s booth. In case of cancellation, a one hour “per person, per hour” charge will be applied to all labor orders that are not cancelled in writing at least 24 hours prior to the scheduled start time. If services have already been provided at the time of cancellation, a 100% cancellation fee will be applied to all MCC rental items. It is Exhibitor’s responsibility to advise MCC personnel of any problem with any orders and to check invoices for accuracy prior to the close of the exhibit. If Exhibitor is exempt from payment of sales tax, MCC requires an exemptions certificate for the state in which the services are to be used. Resale certificates are not valid unless Exhibitor is rebilling these charges to its customers. For International Exhibitors, MCC requires 100% prepayment of advance orders; any orders or services placed at show site must be paid at the show. For all others should there be any pre-approved unpaid balance after the close of the show, terms will be net 15 due and payable in Atlanta, GA upon receipt of invoice. Effective 15 days after invoice date, any unpaid balance will bear a Finance Charge at the lesser of the maximum rate allowed by applicable law, or 1.5% per month, which is an Annual Percentage Rate of 18% and future orders will be on a pre-paid basis only. If any finance charge hereunder exceeds the maximum rate allowed by applicable law, the finance charge shall automatically be reduced to the maximum rate allowed, and any excess finance charge received by MCC shall either be applied to reduce the principal unpaid balance or be refunded to the payer. These payment Terms & Conditions shall be governed by and construed in accordance with the Laws of the State of Georgia. In the event of any dispute between Exhibitor and MCC relative to any loss, damage or claim, such Exhibitor shall not be entitled to and shall not withhold payment, or any partial payment, due to MCC for its services as an offset against the amount of any alleged loss or damage. Any claim against MCC shall be considered a separate transaction and shall be resolved on its own merits. MCC reserves the right to charge Exhibitor for the difference between the Exhibitor’s estimate of charges and the actual charges incurred by Exhibitor, or for any charges that MCC may be obligated to pay on behalf of Exhibitor, including without limitation, any shipping charges. If Exhibitor provides a credit card for payment and charges are rejected by the Exhibitor’s credit card company for any reason, MCC hereby provides notice that it reserves the right, and Exhibitor authorized MCC, to continue to attempt to secure payment through that credit card for as long as unpaid balances remain on Exhibitor’s account.</p>
<h1><span style="text-align: center;">LABOR TERMS & CONDITIONS RESPONSIBILITY AND INDEMNIFICATION</span></h1>
<p><strong>LABOR UNDER THE SUPERVISION OF MCC:</strong></p>
<p>MCC will be responsible for the performance of labor provided under this option. MCC does not assume responsibility for any acts of, or loss to, persons, parties and/or other contracting firms not under MCC’ direct supervision and control. In no event shall MCC be liable for loss or damage caused by delay in labor beginning work when Exhibitor request labor to begin later than the start of the working day. MCC shall not be responsible for loss, delay or damage due to strike, lockouts and/or work stoppages, or other causes beyond MCC’ reasonable control. MCC agrees to indemnify, hold harmless and defend Exhibitor from and against any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments and expenses (including but not limited to reasonable attorney’s fees and investigation costs) for bodily injury, including any injury to MCC’ employees, or property damage arising out of work performed by labor provided and supervised by MCC, except when Exhibitor exercises direction and/or control over the work being performed.</p>
<p><strong>LABOR UNDER THE SUPERVISION OF EXHIBITOR:</strong></p>
<p>Exhibitor shall be responsible for the performance of labor provided under this option. It is the responsibility of Exhibitor to supervise labor secured through MCC in a reasonable manner as to prevent bodily injury and/or Property damage and also to direct them to work in a manner that is in compliance with MCC’ Safe Work Rules and/or Federal, State, County and Local ordinances, rules and/or regulations, including but not limited to Show or Facility Management rules and/or regulations. It is the responsibility of Exhibitor to check in with the MCC Service Desk to pick up labor, and to return to the Service Desk to release labor when the work is completed. Exhibitor agrees to indemnify, hold harmless and defend MCC from and against any and all demands, claims, causes of action, fines, penalties, damages, liabilities, judgments, and expenses (including but not limited to reasonable attorneys’ fees and investigation costs) for bodily injury, including any injury to MCC employees, and/or property damage arising out of work performed by labor provided by MCC but supervised by Exhibitor. Further, the Exhibitor’s indemnification of MCC includes any and all violations of Federal, State, County or Local ordinances, “Show Regulations and/or Rules” as published and/or set forth by Facility or Show Management, and/or directing labor provided by MCC to work in a manner that violates any of the above rules, regulations and/or ordinances.</p>
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<p>This Privacy Policy (the “Policy”) governs the manner in which Magnolia Convention Center collects, uses, maintains, and discloses information collected from you in connection with the Magnolia Convention Center online storefront.</p>
<p></p>
<p>Magnolia Convention Center 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”).</p>
<p><strong><span style="text-decoration: underline;">Information Use</span></strong></p>
<p>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.</p>
<p><strong><span style="text-decoration: underline;">Commercial Use of Information</span></strong></p>
<p>Magnolia Convention Center will not sell or share the Information with third parties for any commercial purposes without your consent and express agreement. Magnolia Convention Center may, however, use the Information in order to share generic, collective, group, or other non-identifying information about the use of Magnolia Convention Center’s products and services as part of commercial transactions with third parties to help Magnolia Convention Center improve its products and services or for any other lawful purpose.</p>
<p><strong><span style="text-decoration: underline;">Third-Party Service Providers</span></strong></p>
<p>Magnolia Convention Center may use third-party service providers and vendors to assist Magnolia Convention Center in providing its products and services to you and others, including, without limitation, services to host Magnolia Convention Center’s Software Services, Storefronts, payment processes, and other services pursuant to the Agreement. Magnolia Convention Center 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, Magnolia Convention Center in providing Software Services and other services pursuant to the Agreement.</p>
<p>Magnolia Convention Center may disclose your Information as Magnolia Convention Center reasonably believes is required by court order, governmental directive, or other law, to protect the rights of Magnolia Convention Center, or as otherwise allowed pursuant to the Agreement or applicable law.</p>
<p><strong><span style="text-decoration: underline;">Information Protection</span></strong></p>
<p>Magnolia Convention Center will retain, protect, and process the Information and underlying or related data using commercially reasonable practices. Although Magnolia Convention Center will undertake such efforts to preserve and protect the integrity of the Information, you acknowledge and agree that all security measures have potential risks.</p>
<p><strong><span style="text-decoration: underline;">Customer Control of Collected Data</span></strong></p>
<p>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.</p>
<p><strong><span style="text-decoration: underline;">Updates to our Policy</span></strong></p>
<p>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.</p>
<p>To the extent that this Policy is inconsistent with applicable law, it is the intent of Magnolia Convention Center 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.</p>
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