TERMS OF USE

Generally
The following sets forth the terms of use ("Terms of Use") for this website (the "Website"), which is operated by The Bargain Show, LLC ("TBS"). These Terms of Use supersede any previous statement of such policies. Please read these Terms of Use carefully, as use of the Website constitutes your binding acceptance of these Terms of Use. TBS may modify, alter or update these Terms of Use at any time without prior notice, and your subsequent use of the Website shall constitute your consent to any such modification, alteration or update. The date on which these Terms of Use were last updated is indicated at the end of this document. If you are accessing the Website as a representative of an organization, these Terms of Use bind both you individually and the organization, and references to "you" and "your" shall be construed to apply to you individually and the organization.

Website Access; Permitted Use
The Website is made available on an "as is" basis by TBS for the convenience of its customers and users. The Website is intended for use by persons 18 years of age or older. You may access the Website and all Website content, including, without limitation, text, images, hosted software, sound files, video and other content (collectively, "Content") solely for the purposes of receiving information about TBS's business, products and services, communicating with TBS, and otherwise as stated on the Website.
As a condition of your use of the Website, you may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overload or impair the operation of the Website or use by third parties. You may not post or otherwise transmit to or from the Website by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability. TBS may monitor access to the Website and may, at any time and in its sole discretion, terminate or prohibit your access to the Website.

Copyright; All Rights Reserved
TBS holds copyright in the Website and all Content and expressly reserves all rights in such material arising under applicable law. All Content is protected under United States and international copyright laws and treaty provisions. Except as expressly provided in these Terms of Use, you may not copy, distribute, republish, reproduce, download, display, or transmit any Content in any form for commercial use without the prior written permission of TBS. Individual visitors to the Website may download or print one copy of Content published on the Website solely for their personal, non-commercial use, provided they do not modify the Content and that they refrain from deleting or altering any copyright or other proprietary notices contained in the Content. This permission shall be deemed revoked automatically if you breach any of these Terms of Use.

Trademarks
Except as otherwise expressly disclosed on the Website, TBS owns all right, title, and interest in and to (or has otherwise been expressly authorized to use) all trademarks, service marks, and logos (collectively, "Trademarks") displayed on the Website, whether registered or unregistered. TBS shall under no circumstances be deemed to have granted you any license, either express or implied, in or to any of the Trademarks as a consequence of your use of the Website. You may not use any of the Trademarks (other than those you may own) without prior written permission of TBS. Because the Trademarks are among TBS's most valuable business assets, TBS will pursue its legal remedies in the event of any unauthorized use or misuse of any of the Trademarks.

Products and Services
Use of and warranties as to any product or service purchased by you using, or in connection with, the Website, if any, are governed by the terms of the agreement applicable to that product or service.

Linking
You may link to the Website home page, but you may not link to any other page on the Website without the prior written consent of TBS (which TBS reserves the right to withdraw at any time in its discretion). You may not use any of the Trademarks or any of TBS's other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by TBS; (ii) cause confusion, mistake, or deception; (iii) dilute any of the Trademarks; or (iv) otherwise violate applicable law. You must remove any link to the Website immediately on request from TBS.

Restricted Information
Certain restricted information may be made available on the Website only to clients and customers of TBS that are registered to receive information via passwords issued by TBS. Such restricted information shall constitute confidential and proprietary information of TBS. If you are a registered client or customer of TBS (or a representative of a registered client or customer), TBS authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within your organization, and only for the intended purposes authorized by TBS. Issuance of a registration password to you is conditioned on your use of the information in accordance with such terms as TBS may specify. You may not transfer your password to any unauthorized party. You shall immediately notify TBS of any unauthorized use of your password. You are responsible for use of your password. You may not attempt to gain unauthorized access to any Website information or area within the Website.

Third Party Information and Websites
Certain information made available on the Website may have been provided by third parties. Moreover, TBS may provide links to third party websites from the Website. Such information and links are provided solely for your convenience and do not necessarily constitute an endorsement of such websites or the products and services featured on such websites or any affiliation between TBS and the owners of such websites. TBS shall not be liable for the content of any such information or websites or any errors in or malfunction of such links. You acknowledge that all such information (whether data, text, software, music, sound, photographs, graphics, video, or other materials) are the sole responsibility of the originating party and that TBS neither has responsibility for nor guarantees the accuracy, integrity, or quality of such materials.

Availability
Content on the Website may refer to products, programs or services that are not available in all locations. Consult TBS representative for information about the products, programs and services that may be available to you.

Vendor Agreement
Third parties who wish to offer their products and services for sale via the Website are required to enter into a separate Vendor Agreement with TBS, in form and substance satisfactory to TBS (a "Vendor Agreement").

Submissions
You may wish to submit to TBS ideas for new products, product enhancements, technologies, processes, materials, or marketing or promotional materials (collectively, "Submissions"). Be advised, however, that all Submissions shall be subject to the provisions set forth in this section of these Terms of Use, and you shall be deemed to have agreed to all such provisions upon making any Submission to TBS.

TBS assumes no duty to review or investigate any Submission. Moreover, since TBS is in constant development of new products, product enhancements, technologies, processes, materials, and marketing and promotional materials, any such materials that you submit to TBS may be similar to or otherwise contemplated by those already under development or consideration by TBS. Accordingly, all Submissions will be treated as non-confidential and non-proprietary, will automatically become TBS's property, and may be used by TBS and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services. TBS shall be free to publish, use, modify, publicly perform, publicly display, reproduce, and distribute any Submission on and through the Website and any and all other media for any purpose whatsoever without restriction or any obligation to compensate you. Moreover, you shall be deemed to have waived all claims and shall refrain from bringing any legal action against TBS arising in any way from any use TBS may make of any Submission.

Feedback
TBS welcomes user feedback regarding its business, products and services ("Feedback"). In providing Feedback, however, please be mindful of TBS's submission policy, set forth in these Terms of Use. Please limit Feedback to TBS's existing business, products and services and refrain from including any content prohibited by these Terms of Use. All Feedback shall be deemed non-confidential and non-proprietary, and TBS shall be free to use it on an unrestricted basis.

Contests and Sweepstakes
TBS may periodically run contests or sweepstakes of various types (collectively, "Promotions"). Promotions may be advertised or described on the Website or may include use of the Website as part of the operation of the Promotion. All Promotions shall be subject to the complete and official rules of the Promotions even if those rules are not found on the Website. Mention of such a Promotion on the Website is not an offer to participate in the Promotion and does not trigger any obligation to participate, or change the odds of winning in any way.

Disclaimers; Liability Limitations and Exclusions
TBS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE, ITS OPERATION, OR YOUR USE OF THE WEBSITE AND EXPRESS DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY OR COMPLETENESS OF THE INFORMATION, AND THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ADDITIONALLY, TBS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, UP-TIME, FUNCTIONALITY, ERROR-FREE NATURE OR RELIABILITY OF THE WEBSITE, THE INTERNET, OR OTHER TECHNOLOGY UTILIZED TO PRESENT, ACCESS OR UTILIZE THE WEBSITE, NOR DOES IT WARRANT THAT THE WEBSITE OR THE SERVERS MAKING THE WEBSITE AVAILABLE SHALL BE FREE OF COMPUTER VIRUSES OR OTHER MALICIOUS CONTENT. RATHER, TBS EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. TBS RESERVES THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE OFFERING OF THE WEBSITE AT ANY TIME FOR ANY REASON WITHOUT PRIOR NOTICE. FURTHER, TBS CANNOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA DURING TRANSMISSION AND STORAGE AND SHALL HAVE NO LIABILITY FOR BREACHES OF SECURITY OR INTEGRITY OR THIRD-PARTY INTERCEPTION IN TRANSIT, NOR FOR ANY DAMAGE WHICH MAY RESULT TO YOUR COMPUTER OR OTHER PROPERTY BY YOUR USE OF THE WEBSITE.

NEITHER TBS NOR ANY OF ITS AFFILIATES OR SUPPLIERS OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS (COLLECTIVELY, "RELEASED PARTIES") SHALL BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, DATA PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS, UTILITY FAILURES OR PROBLEMS, DEFECTS, WEATHER, STRIKES, WALKOUTS, FIRE, ACTS OF GOD, RIOTS, ARMED CONFLICTS, ACTS OF WAR OR OTHER LIKE CAUSES BEYOND THE REASONABLE CONTROL OF TBS. TBS MAY DISCONTINUE PROVIDING ACCESS TO THE WEBSITE AT ANY TIME.

IN NO EVENT SHALL ANY OF THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST DATA, LOST PROFITS, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, NONE OF THE RELEASED PARTIES SHALL BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION OR ANY OTHER LAW OR THEORY OF LIABILITY. THE FOREGOING DAMAGE EXCLUSIONS SHALL APPLY EVEN IF TBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification
By using the Website, you agree to indemnify and hold harmless all of the Released Parties from and against any loss, claim, damage, obligation, liability, cost or expense (including, without limitation, reasonable attorneys' fees and costs of any investigation or preparation) arising out of or in connection with any actual or threatened claim, suit, action or proceeding by any person based on or arising out any use by you or an account or computer owned by you of the Website or the Content or your provision of any Submission or Content to TBS.

Governing Law; Forum
These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Missouri, United States of America, without reference to conflict of laws principles. The exclusive forum for all disputes arising out or relating in any way to these Terms of Use or your use of the Website shall be the United States District Court for the Western District of Missouri and the Missouri Circuit Court for the 31st Judicial Circuit. You are deemed to have consented to the personal jurisdiction and venue of the such courts, waived any objection to such jurisdiction and venue, and consented that any process, notice of motion or other application to such courts or a judge thereof may be served outside the State of Missouri by registered or certified mail or by personal service, provided that a reasonable time for appearance is allowed.

Miscellaneous Provisions
The provisions of these Terms of Use regarding ownership, disclaimers, indemnification, governing law and forum shall continue in effect indefinitely. Each notice to TBS in connection with these Terms of Use shall be provided in writing, and notice shall be deemed to have been given on the date TBS receives it.

Privacy
For information regarding TBS's information collection and use practices, please refer to TBS's privacy policy, located at: http://www.thebargainshow.com/privacy, ("Privacy Policy"). The Privacy Policy shall be deemed incorporated by reference in these Terms of Use.

Entire Agreement
These Terms of Use, together with the Privacy Policy (and, if relevant, the Vendor Agreement), shall constitute the entire agreement between you and TBS regarding the use of the Website. The failure of TBS to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Severability
If any provision of these Terms of Use is unlawful, void or unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Last updated: January 9, 2017