“ASBCC Web Portal” is the interactive on-line services operated by The American Small Business Chamber of Commerce (“ASBCC”) on the World Wide Web of the Internet, consisting of information services and content provided by ASBCC, affiliates of ASBCC and other third parties. “Subscriber” means each person who establishes or accesses a connection (“Account”) for access to and use of the ASBCC Web Portal.
(A) This Agreement sets forth the terms and conditions that apply to use of the ASBCC Web Portal by Subscriber. By using the ASBCC Web Portal (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use the ASBCC Web Portal is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber’s Account (under any screen name or password) and for ensuring that all use of Subscriber’s Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber’s password(s), if any.
(B) ASBCC shall have the right at any time to change or discontinue any aspect or feature of the ASBCC Web Portal, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
ASBCC shall have the right at any time to change or modify the terms and conditions applicable to Subscriber’s use of the ASBCC Web Portal, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the ASBCC Web Portal, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the ASBCC Web Portal by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
4. Membership, Meeting and Other Purchases
By use of this Site and election to become a Member, make a Meeting Registration or other purchases, you expressly agree that your purchase is non-refundable. All paid memberships will automatically be set to renewal annually unless you advise the ASBCC of your intent to terminate your paid membership. All meeting attendees who are not members prior to registration will be provided with our basic “Registrant” membership at the point of registration for the meeting. You also agree to receive email communications from the ASBCC with news and information about the ASBCC, news and updates, meetings and events, policy and advocacy and member benefits.
5. Subscriber Conduct
(A) Subscriber shall use the ASBCC Web Portal for lawful purposes only. Subscriber shall not post or transmit through the ASBCC Web Portal any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ASBCC’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in ASBCC’s discretion restricts or inhibits any other Subscriber from using or enjoying The ASBCC Web Portal will not be permitted. Subscriber shall not use The ASBCC Web Portal to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the ASBCC Web Portal.
(B) The ASBCC Web Portal contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the ASBCC Web Portal are copyrighted as a collective work under the United States copyright laws. Subscriber may not 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. Subscriber may download copyrighted material for Subscriber’s personal use only. 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 permission of ASBCC 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. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on the ASBCC Web Portal 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 Subscriber. Subscriber 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 the ASBCC Web Portal, Subscriber automatically grants, or warrants that the owner of such material has expressly granted ASBCC 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. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber’s personal use. Subscriber hereby grants ASBCC the rights to edit, copy, publish and distribute any material made available on the ASBCC Web Portal by Subscriber.
(D) The foregoing provisions are for the benefit of ASBCC, its subsidiaries, 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.
6. Disclaimer of Warranty; Limitation of Liability
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE ASBCC WEB PORTAL IS AT SUBSCRIBER’S SOLE RISK. NEITHER ASBCC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE ASBCC WEB PORTAL WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ASBCC WEB PORTAL, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ASBCC WEB PORTAL .
(B) THE ASBCC WEB PORTAL 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 WHICH 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, ERROR, OMISSION, INTERRUPTION,