Terms & Conditions - Lead Retrieval
Online Agreement for Lead Retrieval Services
October - 2025
This Agreement is entered into between Validar Inc., (“Validar Inc.”) and the party making the Order (“Exhibitor”). Validar Inc. and Exhibitor may be referred to in this Agreement collectively as “Parties”.
Validar Inc. and Exhibitor agree as follows:
- Definitions.
“Attendee” means an individual who has been issued an identification badge identifying him or her as an Event attendee.
“Attendee Information” means information about individual Attendees that has been authorized for release to Exhibitors by the Event organizer.
“Equipment” means the lead retrieval equipment specified in the Order.
“Event” means the event for which Lead Retrieval Services are being ordered.
“Lead Questions” means a feature permitting the Exhibitor to configure lead questions for use with Equipment and download lead data obtained through those questions.
“Lead Reconciliation” means a feature permitting the Exhibitor to scan leads using third party lead retrieval equipment and to use the scanned data to obtain Attendee Information from Validar Inc..
“Lead Retrieval Services” means the provision of Equipment, Lead Questions and/or Lead Reconciliation.
“Order” means an online order for Lead Retrieval Services initiated on the Event web portal.
- Equipment.
a. As requested in the Order, Validar Inc. will provide the Equipment for Exhibitor’s use for the duration of the Event. Validar Inc. will make the Equipment available to Exhibitor in good working condition and Exhibitor will return the Equipment to Validar Inc. in the same condition. If the Equipment does not function properly during the Event, Validar Inc. will make reasonable efforts to fix or replace it with equivalent Equipment.
b. Exhibitor shall return all Equipment to the Validar Inc. service desk within two hours of the Event exhibition floor closing. Failure to do so will result in an additional charge to Exhibitor of USD $500.
c. Exhibitor shall be responsible for loss of or damage to Equipment, including any Equipment left in the Event exhibit area. Exhibitor shall pay Validar Inc. the applicable replacement costs indicated below for each item of equipment that is damaged or is not returned to Validar Inc. (400 North 34th Street, Suite 310, Seattle, WA 98103.) within 5 business days following the event exhibition floor closing.
i. USD $900.00 per lead retrieval device
ii. USD $40 per charger unit (charger plus cord)
d. Validar Inc. will invoice Exhibitor for the additional charges described in paragraphs b and c above. Exhibitor authorizes Validar Inc. to charge said amounts to Exhibitor’s credit card on file, if any.
e. Exhibitor agrees to allow Validar Inc. to hide leads data so long as there are any outstanding balances or unreturned devices after the event.
- Validar Inc. vCapture Application.
a. If the event organizer has provisioned the Validar vCapture App in a Bring Your Own Device (BYOD) option for Lead Retrieval, Exhibitor may download the Validar Inc. App at a price provided by event organizer. The Validar Inc. App via BYOD is not available for all events. For events that include BYOD, Exhibitor will be responsible for any usage of their own personal devices.
b. Any download and usage of the vCapture App will be compliant with the terms and conditions of the vCapture App found on any mobile device application store. Validar Inc. will not be responsible for any liability for damages due to the improper download or misuse of the vCapture App.
- Lead Questions.
a. As requested in the Order, Validar Inc. will give Exhibitor access to Lead Questions, along with instructions and reasonable assistance for using this feature.
b. Exhibitor acknowledges that it is solely responsible for the formulation of sales lead questions, and Validar Inc. shall have no responsibility or liability in this regard.
- Payment.
In consideration for receiving the Lead Retrieval Services, Exhibitor agrees to pay the fees specified in the Order.
- Warranty Disclaimers.
Except as expressly set forth herein, the Equipment is provided “as is” and Validar Inc. has not made, and does not make any warranties, whether express, implied or statutory, regarding or relating to the Lead Retrieval Services or any materials or documentation furnished or provided to the Exhibitor under this agreement, including any warranty that the Equipment or any software will function error-free or that Exhibitor’s use will be uninterrupted. Validar Inc. disclaims these and all other implied warranties, including merchantability, non-infringement, and fitness for a particular purpose.
- Limitation of Damages.
Validar Inc.’s liability for damages under this agreement shall be limited to a refund of the fees paid in respect of specific non-functioning Lead Retrieval Services.
- No Consequential Damages.
In no event shall Validar Inc. be liable to Exhibitor or to any third party, whether in contract, tort (including negligence), warranty or otherwise, for any indirect, incidental, special, consequential, exemplary or punitive damages (including, without limitation, loss of profits, loss of sales, loss due to business interruption or Exhibitor’s inability to use the Lead Retrieval Services, and/or loss of data) arising out of or relating to the Agreement, even if Exhibitor has been advised of the possibility of such damages.
- Governing Law; Exclusive Jurisdiction.
This Agreement shall be construed according to the substantive and procedural laws of the state of Washington, USA, without application of conflict of law principles. Any legal action or proceeding relating to this Agreement shall be instituted only in any state or federal court in King County, WA. The Parties agree to submit to the jurisdiction of, and agree that the venue is proper in, the aforesaid courts in any such legal action or proceeding.
- Entire Agreement; Amendments; Waiver.
This Agreement and the Order constitute the entire understanding of the Parties with respect to the Lead Retrieval Services, and shall not be amended or modified except by written agreement of the Parties. This Agreement supersedes all previous agreements and understandings between the Parties regarding the subject matter hereof, whether written or oral.
- Waiver.
No failure of either Party to exercise any right granted hereunder to insist upon strict compliance with any obligation hereunder shall constitute a waiver of the rights of such Party to demand full and exact compliance with the terms of this Agreement. No waiver of any provision or right hereunder will be valid unless it is in writing and signed by the Party giving it.