TRI-COUNTY
BLACK CHAMBER OF COMMERCE
WEB SITE
TERMS AND CONDITIONS OF USE
IMPORTANT--READ THIS PAGE CAREFULLY.
1.
General Information and Agreement
This page states the "Terms and Conditions" under which you may use
this web site Tri-County Blackchamber.com (the "Web Site"). This Web
Site is provided by the Tri-County Black Chamber of Commerce (the "Chamber").
The Chamber is under no obligation to provide any of the materials, information
or other content contained in this Web Site. In consideration for the Chamber
providing the contents of this Web Site, each user of the Web Site must expressly
agree to these Terms and Conditions. If you do not accept and agree to the Terms
and Conditions stated here, do not use this Web Site and do not use any service
provided by this Web Site.
The
Chamber may revise these Terms and Conditions at any time by updating this posting
without any notice to you. Therefore, you should visit this page periodically
to review the Terms and Conditions, because they are binding on you. The terms
"you," "your" and "user" as used herein refer
to all individuals and/or entities accessing this Web Site for any reason and
includes all individuals and/or entities submitting any information or other
content to the Chamber for posting on this Web Site. The term "Content"
refers to all content, information and materials on this Web Site, and includes
but is not limited to all text, graphics, designs, images, logos, button icons,
software and the selection and arrangement thereof.
The
Chamber may revise, supplement or discontinue all or portions of the Content
or the Web Site at any time, for any or no reason, without notice.
2.
Use of the Web Site.
Except as otherwise specified on the Web Site, all Content belongs to the Chamber.
The Chamber authorizes you to view and download a single copy of the Web Site
Content for your personal, noncommercial use only, except that you are not authorized
to view or download those portions of the Web Site intended for the use of Chamber
members only unless you are a member in good standing of the Chamber. You must
retain all copyright and other proprietary notices contained on all Content
that you download or copy. Any Content that you download or copy is licensed
to you by the Chamber for your personal, noncommercial use only. You may not
sell or modify the Content or reproduce, display, publicly perform, distribute,
or otherwise use the Content in any way for any public or commercial purpose.
Users
may not use the Web Site in order to transmit, distribute, store or destroy
material, including without limitation Web Site Content, (a) in violation of
any applicable law or regulation, (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others, or (c) that is defamatory,
obscene, threatening, abusive or hateful.
The Chamber reserves the right to prevent, remove, cancel or suspend any user's
access to the Web Site. This may be on account of a violation of these Terms
and Conditions or for any other reason at the Chamber's sole discretion. The
right to prevent, remove, cancel or suspend access to the Web Site may be exercised
without any notice whatsoever, including without notice to any affected individual
or entity.
3.
Specific Prohibited Uses.
In addition to other prohibited uses of the Web Site stated in these Terms and
Conditions, the Chamber specifically prohibits any use of the Web Site, and
all users agree not to use the Web Site, for any of the following:
a) Posting any incomplete, false or inaccurate information.
b) Posting any franchise, pyramid scheme, "club membership", distributorship
or sales representative agency arrangement or other business opportunity which
requires an up front or periodic payment, pays commissions only (except for
postings that make clear that the available job pays commission only and clearly
describes the product or service that the job seeker would be selling, in which
case such postings are permissible), requires recruitment of other members,
sub-distributors or sub-agents.
c) Deleting or revising any material posted by any other person or entity.
d) Accessing any portions of the Web Site intended exclusively for Chamber members
if you are not a member in good standing of the Chamber.
e) Using any device, software or routine to interfere or attempt to interfere
with the proper working of the Web Site or any activity being conducted on this
site.
f) Taking any action which imposes an unreasonable or disproportionately large
load on the Web Site's infrastructure.
g) Attempting to decipher, decompile, disassemble or reverse engineer any of
the software comprising or in any way making up a part of the Web Site.
h) Framing of or linking to any of the Web Site or Content without the express
written consent of the Chamber.
4.
Web Site Security Rules.
Users are prohibited from violating or attempting to violate the security of
the Web Site, including, without limitation, (a) accessing data not intended
for such user or logging into a server or account which the user is not authorized
to access, (b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper authorization,
(c) attempting to interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to the Web Site, overloading,
"flooding", "spamming", "mailbombing" or "crashing",
(d) sending unsolicited e-mail, including promotions and/or advertising of products
or services, or (e) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Violations
of system or network security may result in civil or criminal liability. The
Chamber will investigate occurrences which may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting users
who are involved in such violations.
5.
User Information.
Apart from personal identifying information, which is addressed in our Privacy
Policy, any and all communications or materials that you send to the Chamber
or the Web Site, including but not limited to questions, comments, data, suggestions
or other submissions, are and will be treated as non-confidential and non-proprietary.
Anything you send to the Chamber or the Web Site may be used by the Chamber
for any purpose, including but not limited to reproduction, transmission, disclosure,
publication, broadcast, and posting. By submitting material to the Chamber or
the Web Site, you irrevocably transfer and assign to the Chamber, and forever
waive and agree never to assert, any copyrights, moral rights or other rights
that you may have in such material. The Chamber is free to use, without obligation
of any kind, any ideas, concepts, techniques, or knowhow contained in any communication
you send to the Chamber or the Web Site for any purpose whatsoever.
In
addition to the terms and conditions that may be set forth in our Privacy Policy
on this Web Site, you understand and agree that the Chamber may disclose to
third parties, on an anonymous basis, certain aggregate information about the
Web Site users.
By
using this Web Site, you may submit, or the Chamber may gather, certain information
about you and your usage of the Web Site. Subject to the terms of the Privacy
Policy, the Chamber is free to use such information for any purpose it deems
appropriate.
6.
Copyright and Trademark.
The Contents of this Web Site are Copyright © 2005 Tri-County Black Chamber
of Commerce and are protected under both United States and foreign copyright,
trademark and other laws. All Web Site Content is the property of the Chamber
or its content suppliers and may not be used except as provided in these Terms
and Conditions or with the express, prior, written consent of the Chamber or
any third party the Chamber deems necessary. The Chamber neither warrants nor
represents that your use of the material displayed on the Web Site will not
infringe rights of third parties. Images of people, places or things displayed
on the Web Site are either the property of, or used with permission by, the
Chamber.
Use
of these images by you or other third parties is prohibited unless expressly
permitted in these Terms and Conditions or elsewhere on the Web Site. Any unauthorized
use of these images may violate copyright laws, trademark laws, the laws of
privacy and publicity, and other applicable laws, regulations and statutes.
The
compilation (meaning the collection, arrangement and assembly) of all content
on this Web Site is the exclusive property of the Chamber and protected by U.S.
and international copyright laws. Unauthorized use of the Web Site Content may
violate copyright, trademark, and other laws. You must retain all copyright,
trademark, service-mark and other proprietary notices contained in the original
Web Site Content on any copy you make of the Web Site Content. The use of the
Web Site Content on any other web site or in a networked computer environment
for any purpose is prohibited.
You
shall not copy or adapt the HTML code that the Chamber creates to generate any
Web Site Content or the pages making up the Web Site. It is also protected by
the Chamber's copyright.
The
trademarks, logos, and service marks ("Trademarks") displayed on the
Web Site are the property of the Chamber and other parties and may be registered
and unregistered Trademarks of the Chamber and others. Nothing contained on
the Web Site should be construed as granting by implication, estoppel, or otherwise,
any license or right to use any Trademark displayed on the Web Site without
the express written permission of the Chamber or such third party that may own
the Trademark. Misuse of any Trademarks, or other content, displayed on the
Web Site is prohibited. The Chamber reserves the right to enforce its intellectual
property rights through civil and criminal proceedings.
7.
Identification of Agent to Receive Notice of Claimed Copyright Infringement
If you believe that your copyrighted work has been uploaded, posted or copied
to this Web Site and is accessible on this Web Site in a way that constitutes
copyright infringement, please notify us by providing our designated copyright
agent with the following information:
1. The physical or electronic signature of either the copyright owner or of
a person authorized to act on the owner's behalf;
2. A description of the copyrighted work you claim has been infringed, and a
description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this Web Site where
the material or activity you claim to be infringing is located or is occurring;
you must include enough information to allow us to locate the material or the
activity;
4. Your name, address, telephone number and, if you have one, your e-mail address;
5. A statement by you that you have a good faith belief that use on the web
site of the copyrighted work in the manner you are complaining of is not authorized
by the copyright owner, any agent of the copyright owner, or the law; and
6. A statement by you, made under penalty of perjury, that the information you
have provided in your notice is accurate and that you are either the copyright
owner or are authorized to act on behalf of the copyright owner.
We
have designated Yvonne Jackson as our agent to receive notices of claims of
copyright infringement on our web site. You can contact Yvonne Jackson at Tri-County
Black Chamber of Commerce, P.O. Box 88376, Houston, Tx, 77288
8.
Disclaimer of Warranties
THE WEB SITE AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE CHAMBER DOES NOT WARRANT THAT THE WEB
SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR
THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, THE CHAMBER IS NOT RESPONSIBLE FOR THOSE COSTS. THE CHAMBER, TO THE
FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE CHAMBER MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE CONTENT, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS. YOUR USE OF THE WEB SITE AND THE CONTENT
IS ENTIRELY AT YOUR OWN RISK.
9.
Limitation of Liability.
IN NO EVENT SHALL THE CHAMBER, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES,
AGENTS, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE, BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM OR RELATING TO THE USE OR INABILITY TO USE THE WEB SITE, THE
WEB SITE CONTENT, AND ANY WEB SITE LINKED TO THIS SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CHAMBER IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.
Links to Other Sites.
The Web Site contains links to other sites on the Internet. These links are
provided solely as a convenience to you. The Chamber does not control, sponsor,
endorse, or approve, is not responsible for, and makes no representations or
warranties regarding, any content that may be accessed through a link from this
Web Site. If you decide to access linked web sites, you do so entirely at your
own risk.
11.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms
and Conditions. You also agree not to make any unauthorized commercial use of
the Web Site.
12.
Termination.
The Chamber reserves the right, at its sole discretion, to pursue all of its
legal remedies, including but not limited to deletion of your postings from
this Web Site and immediate termination of your ability to access this Web Site
and/or any other service provided to you by the Chamber, upon any breach by
you of these Terms and Conditions.
13.
Indemnity.
You agree to defend, indemnify, and hold harmless the Chamber, its officers,
directors, employees, representatives and agents, from and against any claims,
suits, damages, liabilities, actions or demands, including without limitation
costs and attorneys' fees, arising from or relating to (i) your use of the Web
Site, (ii) any Web Site Content that you use, (iii) any information or other
content that you provide to the Chamber or the Web Site, or (iv) your breach
of these Terms and Conditions.
14.
Choice of Law and Forum
The Chamber is located in the City of Houston , State of Texas, United States
of America. These Terms and Conditions are, and shall be deemed to be, entered
into in Houston, Texas. These Terms and Conditions shall be governed by and
construed in accordance with the laws of the State of Texas, without respect
to the conflicts of laws principles thereof. You agree that any claim or dispute
arising under or related to the Web Site shall be subject to the exclusive jurisdiction
of the state and federal courts located in the , and you and the Chamber waive
any jurisdictional, venue, or inconvenient forum objections to such courts.
By providing this Web Site, the Chamber does not consent to the jurisdiction
of any courts other than those federal and state courts located in Houston,
Texas In any action or proceeding to enforce these Terms and Conditions, the
prevailing party will be entitled to costs and reasonable attorneys' fees.
15.
General.
If any provision of these Terms and Conditions is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any term of these
Terms and Conditions shall be deemed a further or continuing waiver of such
term or any other term. Except as expressly provided in additional terms of
use for areas of the Web Site, a particular "Legal Notice," or Software
License or material on particular Web pages, these Terms and Conditions constitute
the entire agreement between you and the Chamber with respect to the use of
the Web Site. No changes to these Terms and Conditions shall be made except
by a revised posting on this page.
The Chamber makes no claims that the Web Site Content may be lawfully viewed
or accessed outside of the State of California. Access to the Web Site Content
may not be legal by certain persons or in certain states or countries. If you
access the Web Site from outside of California, you do so at your own risk and
are responsible for compliance with the laws of your jurisdiction.
16.
Additional Terms of Use.
Certain areas of this Web Site and the other Chamber web sites are subject to
additional terms of use. By using such areas, or any part thereof, you agree
to be bound by the additional terms of use applicable to such areas.