Chamber of Commerce for Persons with Disabilities, Inc.

Service and Use Agreement

PLEASE READ THESE TERMS OF USE (hereinafter, “Agreement”) CAREFULLY BEFORE USING THIS SITE. By using this site, you accept, are subject to, and are bound by the terms and conditions contained in this Agreement. If you do not agree to all of the terms and conditions contained herein, do not use this site.

I. Definitions.

“disabilitychamber.org” is an interactive on-line service operated by the Chamber of Commerce for Persons with Disabilities, Inc., a Florida nonprofit corporation (the “Chamber”), consisting of information services and content provided by the Chamber and other third parties. “User” means each person who accesses disabilitychamber.org for access to and use of disabilitychamber.org information or becomes a member.

II. General.

(A) The information on this website is not intended to be a substitute for professional advice. Users should always seek the advice of professionals when considering any information provided on this website. Never disregard professional advice or delay in seeking it based on any information User have obtained on this website.

(B) The Chamber does not recommend or endorse any specific products, opinions, or other information that may be mentioned on this website. Reliance on any information provided by the Chamber, Chamber employees, others appearing on this website at the invitation of the Chamber, or other visitors to this website is solely at the User’s own risk.

(C) This Agreement, which incorporates by reference other provisions applicable to User's use of this website, sets forth the terms and conditions that apply to User's use of this website. By using this website, User agrees to comply with all of the terms and conditions hereof.

The right to use this website is personal to User and is not transferable to any person or entity. User is responsible for all use of User's information posted on this website (regardless of who posts such information) and for ensuring that all use of such information complies fully with the provisions of this Agreement. Each member shall be responsible for protecting the confidentiality of such member’s password(s).

(D) The Chamber shall have the right at any time to change or discontinue any aspect or feature of this website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

III. Changes to Website and Service and Use Agreement.

The Chamber shall have the right at any time to change or modify its website, the Privacy Policy, and the terms and conditions of this Agreement, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on this website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof; provided that the Chamber will use its reasonably commerce efforts to notify by electronic or conventional mail each member adversely affected by such changes, modifications, additions or deletions. Any use of this website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

IV. Equipment.

User shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this website and all charges related thereto.

V. User Conduct.

(A) User shall use this website for lawful purposes only. All Users hereby agree NOT to use this website for or in connection with any of the following activities:

i. Tampering, hacking, modifying or otherwise corrupting the security or functionality of the services, interfering with or disrupting our network or other networks connected to the service, or posting, e-mailing, or otherwise transmitting any data that contains any software viruses, trojan horses and/or any other code, files or programs intended to destroy, disrupt or otherwise impair a computer’s functionality of the operation of any service;
ii. Chain letters, pyramid schemes, spamming, or to advertise or perform any commercial solicitation other than as expressly permitted on this website;
iii. Posting, e-mailing, or otherwise transmitting any unlawful, harmful, harassing, defamatory, libelous, abusive, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children under the age of 18.
iv. Spoofing or otherwise impersonating any person or entity, such as another User or any Chamber personnel, falsely stating or otherwise misrepresenting your identity or affiliation, or forging any TCP/IP packet header or any part of the header information in any e- mail or other posting.
v. Using the services for any fraudulent or illegal purpose, or gathering personally identifiable information without prior consent;
vi. Violating any applicable local, state, national, or international law, such as laws governing financial services, export control, gambling and/or money laundering;
vii. Interfering with another User’s enjoyment of the services; or
viii. Violating any other of the Chamber’s rules or policies, including, but not limited to, all terms and conditions of this Agreement and all terms and conditions of the Privacy Policy.

(B) This web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of this website are copyrighted as a collective work under United States copyright laws. The Chamber owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not distribute, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only provided that the following notice is included on such materials: “Copyright 2007, The Chamber of Commerce for Persons with Disabilities, Inc.” Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of the Chamber and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) User shall not upload, post or otherwise make available on this website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this website, User automatically grants, or warrants that the owner of such material has expressly granted the Chamber the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other Users to access, view, store or reproduce the material for that User's personal use. User hereby grants the Chamber the right to edit, copy, publish and distribute any material made available on this website by User.

(D) The foregoing provisions of Section V are for the benefit of the Chamber, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

VI. Disclaimer of Warranties; Limitation of Liability.

(A) USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT USER'S SOLE RISK. NONE OF THE CHAMBER, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE.

(B) THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, NEGLIGENCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT THE CHAMBER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

(D) IN NO EVENT WILL THE CHAMBER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE OR THE WEBSITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE.

(E) IN ADDITION TO THE FOREGOING, NEITHER THE CHAMBER, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NONE OF THE CHAMBER, ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

VII. Monitoring.

The Chamber shall have the right, but not the obligation, to monitor the content of this website, including chat rooms, weblogs (or blogs), forums, or any other portion of the website that contains User-generated content, to determine compliance with this Agreement and any operating rules established by the Chamber and to satisfy any law, regulation or authorized government request. The Chamber shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on this website. Without limiting the foregoing, the Chamber shall have the right to remove any material that the Chamber, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

VIII. Indemnification.

User agrees to defend, indemnify and hold harmless the Chamber, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of this website by User or User's information posted on this website.

IX. Termination of Agreement.

Either the Chamber or User may terminate this Agreement at any time. Without limiting the foregoing, the Chamber shall have the right to immediately terminate a User's membership in the event of any conduct by User that the Chamber, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections V(B), V(C), V(D), VI, VIII, X, XIII, XIV and this Section IX shall survive termination of this Agreement.

X. Trademarks.

Disabilitychamber.org, the Chamber of Commerce for Persons with Disabilities, and all of the Chamber’s logos are trademarks of The Chamber. All rights are reserved. All other trademarks appearing on this website are the property of their respective owners.

XI. Third Party Content.

The Chamber is a licensor or distributor (but not a publisher) of content supplied by third parties and Users. Accordingly, the Chamber has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of this website, are those of the respective author(s) or distributor(s) and not of the Chamber.

Neither the Chamber nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section VI above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through this website represents the opinions and judgments of the respective information provider, User, or other user not under contract with the Chamber. The Chamber neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this website by any entity or individual other than authorized Chamber employee spokespersons while acting in their official capacities.

Under no circumstances will the Chamber be liable for any loss or damage caused by a User's reliance on information obtained through this website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Chamber. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

XII. Entire Agreement.

This Agreement and any operating rules for this website constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The section headings used herein are for convenience only and shall not be given any legal import.

XIII. Applicable Law and Venue.

This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any dispute with the Chamber, or in any way relating to your use of this website, resides in the courts of the State of Florida and venue for any such issue shall be in Orlando, Orange County, Florida. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving the Chamber or its affiliates, employees, contractors, officers, directors, and content providers. No waiver by the Chamber of any breach or default hereunder shall be effective unless such waiver is in writing and no waiver shall be deemed a waiver of any preceding or subsequent breach or default. The prevailing party in any such action shall be entitled to costs and reasonable attorney’s fees to be paid by the non-prevailing party.

XIV. Copyrights and Copyright Agent.

The Chamber respects the rights of all copyright holders and in this regard, the Chamber has adopted and implemented a policy that provides for the termination in appropriate circumstances of the memberships of Users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Chamber's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512.

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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit us to contact the complaining party.
v.A statement that the complaining party has 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.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For notice of claims of copyright infringement on or regarding this site and for any questions or requests other than copyright issues, please contact the Chamber at: The Chamber of Commerce for Persons with Disabilities, Inc., 6932 Sylvan Woods Drive, Sanford, Florida 32771.

XV. Site Not Intended for Minors.

The Chamber is not intended for use by or designed to attract persons under the age of 18. The Chamber does not knowingly collect information from any person under the age of 18.

XVI. Advertisements and Links.

The Chamber does not endorse the content on any third-party websites. The Chamber is not responsible for the content of linked third-party website(s), sites framed within the Chamber, or third-party advertisements, and does not make any representations regarding their content or accuracy.

User's use of third-party websites is at the User’s own risk and subject to the terms and conditions of use for such sites. The Chamber does not endorse any product advertised on the Chamber.

 

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