Terms of Use

Terms of Use

The https://boonechamber.com/ Web site (“Site”) is made available by the Boone Area Chamber of Commerce (“Chamber”).  All content provided on or through this Site may be used only under the Terms of Use stated below.

USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS OF USE ESTABLISED BY THE CHAMBER

When you access information provided on the Site, you acknowledge your agreement to these Terms of Use. References to “you” or “your” refer to you as an individual as well as in any representative capacity you may have.

1.      SERVICES PROVIDED

The Site provides information of importance to the business community. The Chamber may, as a service to its members, allow third parties to promote their services and/or products through the Site. The provision of such products and services is governed by the terms of use established by such third parties, and the Chamber assumes no responsibility either directly or indirectly for the provision of products or services by such third parties.

2.      PROPERTY RIGHTS ON THE SITE

a.       Subject to these Terms of Use the Chamber hereby grants to you, the right to access and use the Site for your own internal use. In your use of the Site you agree not to remove any copyright or other notices contained therein. Except as expressly authorized herein, you may not use, copy, reproduce, transmit, translate, offer for sale, sell, display, perform, distribute, publish, broadcast, circulate, modify, create derivative works of, disseminate, or commercially exploit the Site without the written consent of the Chamber. You also agree not to use the Site for any unlawful purpose.

b.      The Site is the property of the Chamber and is protected by applicable copyright, patent, trademark or other intellectual property law. The Chamber retains its title, ownership rights, and intellectual property rights in and to the Site. You agree to abide by any copyright notice or other restriction contained in any individual information, software, or other material accessible through the Site.

c.       In the event you use the Site or the links included on the Site to gain access to a World Wide Web site or Internet location or source of information, services, software, or goods of any company, organization, or person other than the Site, or to any other Internet location, you acknowledge that such other sites or locations are not under the control of the Chamber and agree that the Chamber shall not be responsible for any of the information, services, software, or goods or other links found at any such World Wide Web site or Internet location or source of information, services, software, or goods, or for your use of such information, services, software, or goods.

d.      THE CHAMBER MAKES NO EXPRESS REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SITE, DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT), DISCLAIMS RESPONSIBILITY FOR, AND ASSUMES NO LIABILITY REGARDING, ANY INFORMATION, SERVICES, SOFTWARE, OR GOODS AVAILABLE, ADVERTISED, SOLD, OR FOUND ON ANY OTHER WEB SITE NOT UNDER THE CHAMBER'S CONTROL (INCLUDING, WITHOUT LIMITATION, WEB SITES LINKED TO THE SITE) OR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE QUALITY, SAFETY, ACCURACY, AVAILABILITY, DECENCY, OR SUITABILITY OF SUCH INFORMATION, SERVICES, SOFTWARE, OR GOODS.

e.       Transmission or use of any material in violation of these Terms of Use - or any applicable law, rule or regulation (whether of the United States or other countries) - or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd and indecent, material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.

3.      PROPERTY RIGHTS IN USER-SUBMITTED DATA

a.       Data, information or other content uploaded directly to, or provided to the Chamber to place on, the Site by you (“User Submitted Data”) shall be and remain your property (as between you and the Chamber). All other information gathered or provided by the Chamber (including, without limitation usage information and analysis based on User Submitted Data) shall be and remain the property of the Chamber (“Site Use Data”). The Chamber will retain possession of, and make use of, copies of the User Submitted Data and Site Use Data for the purpose of performing the Services and otherwise meeting the Chamber's obligations and responsibilities under the Agreement. Subject to the confidentiality restrictions set forth below, the Chamber's use of the User Submitted Data and Site Use Data may include the display, parsing, modification, reproduction, copying, transmission, translation, performance, publication, broadcast, preparation of derivative works or dissemination thereof, internally by the Chamber, and to third parties with whom the Chamber does business for advertisement, market research and other commercial purposes. You grant to the Chamber all necessary rights and releases required for the Chamber to perform the services and the activities described on the Site.

4.      DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

a.       THE SITE IS PROVIDED “AS IS.” NEITHER THE CHAMBER NOR ANY OF ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, ABSOLUTELY SECURE, COMPLETE, ACCURATE OR ERROR FREE). IN ADDITION, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION ITSELF IS NOT WARRANTED OR GUARANTEED. YOUR USE OF THE SERVICES AND THE INFORMATION ACCESSED ON OR THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK AND IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE ACCURACY AND COMPLETENESS AND THE CHAMBER AND ITS LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

b.      YOU UNDERSTAND THAT THE CHAMBER DOES NOT GUARANTEE THAT IT WILL CONTINUE TO MAKE THE SITE AVAILABLE TO YOU, WHETHER BY THE SAME METHODS CURRENTLY USED OR OTHERWISE. THE CHAMBER MAY DISCONTINUE PROVIDING THE SITE TO YOU AT ANY TIME. YOU AGREE NOT TO HOLD THE CHAMBER LIABLE FOR ANY DAMAGES ARISING FROM A DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE SITE.

c.       TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (CONTRACT, WARRANTY, TORT OR OTHERWISE) WILL THE CHAMBER OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES INCURRED BY YOU AND IN ANY WAY ARISING OUT OF OR RELATED IN ANY WAY TO THESE TERMS OF USE (INCLUDING, WITHOUT LIMITATION, YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY DAMAGES YOU MAY INCUR IN CONNECTION WITH ANY DECISION MADE, ACTION, OR INACTION, TAKEN BY YOU OR ANY OTHER PARTY, IN RELIANCE UPON THE INFORMATION OR FOR THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, OR FOR ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES), EVEN IF ADVISED OF SUCH DAMAGES. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, THE CHAMBER SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE SITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.

5.      YOUR INFORMATION

a.       You hereby represent and warrant that you are at least thirteen (13) years of age; that any information you have provided to gain access to the Site is true and accurate to the best of your knowledge; and that you have read and agree to the terms of our Privacy Statement.

b.      You shall not upload to the Site any User Submitted Data which:

 i.      violates or infringes the rights of any persons, including without limitation rights in copyrights, patents, trademarks or other intellectual property rights;

 ii.      is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law; or

iii.      contains viruses, “worms”, “trojan horses” or any other harmful properties, or use the Services for, or to further, any illegal purposes. The Chamber reserves the right, in its sole discretion, to edit or delete any User Submitted Data uploaded to the Site in violation of the foregoing.

6.      CONFIDENTIALITY

a.       The Chamber agrees to protect and maintain the confidentiality of User Submitted Data in accordance with the policies, methods, and procedures set forth in the Privacy Policy on the Site.

7.      TERMINATION

a.       If we believe you have violated these Terms of Use, we may terminate your access to the Site.

8.      INDEMNIFICATION

a.       You agree to indemnify and hold harmless the Chamber (and its directors, officers, employees, control persons, suppliers, licensors and agents) from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to: (a) your breach of your agreements, representations and warranties contained in these Terms of Use; (b) your use of the Site (i) in violation of these Terms of Use, (ii) in violation of any rights of the Chamber or any third-party information provider, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation; or (iv) information or materials you upload or post to the Site.

9.      COMPLIANCE WITH LAWS

a.       You will comply with all applicable laws, rules and regulations in connection with your participation in our programs and use of our Web site, and will not engage in any act that has an adverse impact on the performance or availability of our programs or our Web site.

10.  COPYRIGHT INFRINGEMENT

a.       If you are a copyright owner and believe that your work has been copied and posted on this Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on the Chamber actual knowledge of facts or circumstances from which infringing material or acts are evident.  You must send the written notice to: Boone Area Chamber of Commerce; 870 W. King St, Suite A, Boone NC, 28607.

11.  GENERAL

a.       Notices given by the Chamber to you will be given by e-mail or by conventional mail. In any matter requiring Chamber's prior consent, such consent will be considered given only if made to David Jackson, President/CEO.

b.      Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use shall be effective against the Chamber unless the same is in writing and signed by an authorized official of the Chamber. The Chamber may modify these Terms of Use at any time upon written notice or posting to the Site. You agree that if you access and or use the Site after notification of changes in these Terms of Use, you will be bound by all such changes.

c.       The Chamber's failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay by the Chamber in enforcing these Terms of Use, or a continued course of such conduct on the Chamber's part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise.

d.      If any provision of these Terms of Use is declared invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired, and the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that reflects the original intentions of the parties as nearly as possible in accordance with applicable law.

e.       These Terms of Use will be governed by and construed and enforced in accordance with the substantive law of the State of North Carolina. All actions and proceedings relating to this website shall be commenced and heard exclusively in the state and federal courts for Watauga County, North Carolina, and the Chamber and you consent to the jurisdiction and venue of those courts.

f.        In the event of any dispute between the Chamber and You arising out of these Terms of Use, the Site, or the transactions and relationships contemplated by, these Terms of Use or the Site, all such disputes shall be resolved by binding arbitration before a single neutral arbitrator in Watauga County, North Carolina. The arbitrator shall be selected from the American Arbitration Association through its procedures. All rules governing the arbitration shall be the rules as set forth by the American Arbitration Association. The arbitrator is bound to rule only on whether or not there has been a violation of the terms of these Terms and to render an award, if any, that is consistent with the terms of these Terms. Neither party to these Terms is entitled to any legal recourse or rights or remedies other than those provided within these Terms. Your sole remedy for claims arising out of these Terms, are those set forth in these Terms. The arbitrator may apportion the costs of the arbitration, including arbitrator's fees, among the parties, but shall have no power to award attorneys' fees. You agree that any claim, action or proceeding arising out of or related to these Terms must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, collective, or class proceeding.  YOU ACKNOWLEDGE AND AGREES THAT YOU HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Last Edited on 2018-08-01