By Entering This Website You
Certify You Have Read & Agreed To These Terms Of Use
Your Rights.
the National Association of Neighborhood Chambers of Commerce grants you a
non-exclusive, non-transferable, limited right to access, use and display this
Site and the materials provided hereon, and to download or print content
displayed on our Site provided that you comply fully with this Agreement. The
contents of the Site are only for your personal, noncommercial use. You agree
not to interrupt, or attempt to interrupt, the operation of the Site or any part
of it in any way.
Service Charges and Payment.
The National Association of Neighborhood Chambers of Commerce may charge you
fees for certain products or services offered for sale through our Site. Certain
Site services are available only through the purchase of a Site subscription
(“Subscription-Based Services”), some of which, at your option, may be billed
either monthly or once annually. In order to provide you with uninterrupted
service, most of our online Subscription-Based Services and print subscription
products, like memberships (when purchased online) renew automatically at the
end of the applicable subscription period at the rate then in effect. We alert
you at the point of offer when a subscription product is offered on an
auto-renewing basis. As explained below, the National Association of
Neighborhood Chambers of Commerce will automatically charge your payment card
for an auto-renewing subscription unless you cancel your subscription by e-mail.
You will be sent a reminder notice before the expiration of your subscription
term.
(a) You agree to pay, using a valid payment card which the National Association
of Neighborhood Chambers of Commerce accepts, all fees and charges, including
applicable taxes, you have incurred through your account, including the monthly
or annual subscription charges to access the Subscription-Based Services. the
National Association of Neighborhood Chambers of Commerce reserves the right to
increase fees and surcharges, including fees for Subscription-Based Services, or
to institute new fees at any time, upon reasonable notice posted in advance on
this Site or sent to you based on contact information you provide in your “My
Account” page. Notwithstanding the foregoing, if you purchase a
Subscription-Based Service or print subscription product on an annual basis,
your rate remains in effect throughout the subscription year, and is subject to
increase only for subsequent subscription years. If you purchase a
Subscription-Based Service on a monthly basis, the rate for that
Subscription-Based service is subject to change at any time for subsequent
months, effective upon prior notice to you.
(b) Unless you take action to cancel your auto-renewing subscription through one
of the methods described below, the National Association of Neighborhood
Chambers of Commerce will automatically charge your payment card listed in your
account to renew your Subscription-Based Services and certain print subscription
products available for purchase through our Site. the National Association of
Neighborhood Chambers of Commerce will send you a reminder about the renewal,
which will contain the applicable subscription rate, to the email address
provided in your account before your payment card is charged. In the event the
National Association of Neighborhood Chambers of Commerce cannot charge the
payment card listed in your account, we reserve the right to terminate your
access to the Subscription-Based Services or print subscription product
purchased through our Site.
(c) You may cancel your subscription and non-subscription Site services at any
time subject to the following terms:
If you purchase a one-year Subscription-Based Service, which is billed once
annually at the time you subscribe, you may cancel at any time during that
subscription year by logging in to your PayPal account or sending an email and
selecting “cancel subscription.” Upon cancellation, the National Association of
Neighborhood Chambers of Commerce will refund the remainder of your subscription
fees on a pro-rata basis that will cover the unused months of your subscription.
Partial months will not be refunded. Your access to a Subscription-Based Service
will terminate on the next monthly anniversary of your subscription date. For
example, if you subscribed on January 15 and cancel on May 10, your access will
terminate on May 15 and you will obtain a refund for the period May 15 – January
14. If you purchase a one-year Subscription-Based Service and would like to
cancel effective as of the end of your annual subscription period instead of
immediately, you may do so by calling us at any time at 408-244-3317 or by
sending an e-mail. If you purchase a monthly Subscription-Based Service, which
is billed monthly, you may cancel at any time by logging in to your PayPal
account and selecting “cancel subscription.” Partial months will not be
refunded. Upon cancellation, your access to an online Subscription-Based Service
will terminate on the next monthly anniversary of your subscription date. For
example, if you subscribed on December 15 and cancel on December 28, your access
will terminate on January 14. In addition to canceling a Subscription-Based
Service (annual or monthly) through your PayPal account, you may send us an
e-mail, or call us at the following number: 408-244-3317.
(d) In addition to the charges set forth above, you are responsible for all
charges associated with connecting to the Site, including without limitation all
telephone access lines (including long-distance charges, when applicable),
telephone and computer equipment and any service fees necessary to access our
Site, including the Subscription-Based Services.
(e) For purposes of identification and billing, you agree to provide the
National Association of Neighborhood Chambers of Commerce with accurate,
complete, and updated information required when purchasing a product or service
on our Site, including registering for a Subscription-Based Service
("Registration Data"). Registration Data may include your name, address,
telephone number(s), email address and applicable payment card data (e.g.,
payment card number and expiration date). Failure to comply with this provision
(including without limitation falsification of any Registration Data) may, at
the National Association of Neighborhood Chambers of Commerce's option, result
in immediate suspension or termination of your right to use our Site, including
the Subscription-Based Services.
Copyright and Trademarks.
All materials on the Site, including without limitation text, images, software,
audio and video clips, databases, user product reviews and ratings,
Subscription-Based Services and other Site services and products (collectively,
the "Content") are owned or controlled by the National Association of
Neighborhood Chambers of Commerce or the party credited as the provider of the
Content. The respective owner retains all right, title, and interest in and to
its Content. The Site and Content are protected by the copyright and trademark
laws of the United States and other countries, international conventions, and
other applicable laws.
You may not download, display, reproduce, create derivative works from,
transmit, sell, distribute, or in any way exploit the Site or any portion
thereof, including without limitation our product reviews and ratings and those
product reviews and ratings posted by other subscribers, for any public and/or
commercial use without the prior written permission of the National Association
of Neighborhood Chambers of Commerce.
You agree not to use any trademarks, service marks, names, logos, or other
identifiers of the National Association of Neighborhood Chambers of Commerce or
its employees, licensors, independent contractors, providers and affiliates
(collectively, "Affiliates") without the prior written permission of the
National Association of Neighborhood Chambers of Commerce or the relevant
Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of the National
Association of Neighborhood Chambers of Commerce;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that the National Association of Neighborhood
Chambers of Commerce sponsors or endorses or is otherwise connected with your
own activities, products, and services or those of third parties.
Forums and Communications; License.
the National Association of Neighborhood Chambers of Commerce may make available
to users of the Site e-mail notices, newsletters, chat rooms, message boards,
bulletin board services, user product reviews and ratings tools, or other
interactive communication facilities by means of the Site (such facilities
collectively referred to herein as the "Forums"). You are solely responsible for
the content of any transmissions you make to the Site or any materials you add
to the Site, including to any Forum (the "Communications"). the National
Association of Neighborhood Chambers of Commerce and its Affiliates do not
endorse or accept any Communication as their own or representative of their
views. By transmitting any public Communication to the Site, you grant the
National Association of Neighborhood Chambers of Commerce an irrevocable,
non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with
the right to sublicense) to use, reproduce, distribute, publicly display,
publicly perform, modify, edit, create derivative works from, incorporate into
one or more compilations and reproduce and distribute such compilations, and
otherwise exploit such Communications, in all media now known or later
developed. You warrant that you have the right to grant these rights to the
National Association of Neighborhood Chambers of Commerce. You hereby waive all
rights generally known as "moral rights" in your Communications (including your
Reviews), to the extent they can be waived, under any existing or future law of
any jurisdiction.
Public Communications.
You acknowledge and agree that any Communications, including Reviews described
in Section 8, made to or by means of any Forum are public. You acknowledge that
you have no expectation of privacy in any public Communication and no
confidential, fiduciary, contractually implied or other relationship is created
between you and the National Association of Neighborhood Chambers of Commerce by
reason of your transmitting a public Communication to any Forum on the Site.
Communicating on or to the Site.
the National Association of Neighborhood Chambers of Commerce cannot review all
Communications made on or through the Site. However, the National Association of
Neighborhood Chambers of Commerce reserves the right, but has no obligation, to
monitor the Forums and edit, modify or delete any Communications (or portions
thereof) which the National Association of Neighborhood Chambers of Commerce in
its sole discretion deems inappropriate, offensive or contrary to any the
National Association of Neighborhood Chambers of Commerce policy, or that
violate this Agreement.
To help the National Association of Neighborhood Chambers of Commerce maintain a
safe and civil environment, you agree not to upload or distribute to, or
otherwise publish through the Site or Forums any Communication which
(i) is for commercial purposes or otherwise advertises or solicits for the sale
of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit,
threatening, or abusive;
(iii) constitutes or contains false or misleading indications of origin or
statements of fact;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal
rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights (including
copyright, patent and trademark rights), contract rights, trade secrets, privacy
or publicity rights or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations;
(viii) contains software viruses or any other malicious code designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
(ix) impersonates another person or entity, or that collects or uses any
information about Site visitors.
You further acknowledge that conduct prohibited in connection with your use of
the Forums includes, but is not limited to, breaching or attempting to breach
the security of the Site.
Additional terms and conditions apply to the Review Tool Forum described in
Section 8 of this Agreement.
Unsolicited E-Mail.
You agree not to use the Forums or any other area of the Site to send the same
or substantially similar unsolicited electronic mail messages, whether
commercial or not, to a large number of recipients. This prohibition includes
sending unsolicited mass mailings from another Internet service which in any way
involves the use of the Site or any equipment owned or operated by the National
Association of Neighborhood Chambers of Commerce in connection with the Site. A
message is unsolicited if it is posted in violation of a USENET or newsgroup
charter and/or if it is sent to a recipient who has not requested or invited the
message. For purposes of this provision, merely making one's e-mail address
accessible to the public shall not constitute a request or invitation to receive
messages.
User Product Reviews and Ratings.
The Consumer Reports.org Site offers subscribers a Forum consisting of a
third-party product review and ratings tool ("Review Tool"), whereby subscribers
may submit reviews and ratings of products (collectively, "Reviews") and/or read
reviews and ratings of products submitted by other Site subscribers.
BY ACCESSING, BROWSING OR USING THE REVIEW TOOL ON THE SITE, YOU AGREE TO BE
BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT ACCESS, BROWSE OR
OTHERWISE USE THE REVIEW TOOL, INCLUDING THE SUBMISSION OF ANY REVIEWS.
You are solely responsible for all Reviews that you upload, post, email or
otherwise transmit via the Review Tool.
Liability Disclaimer for Reviews. the National Association of Neighborhood
Chambers of Commerce is not liable for any statements, representations,
descriptions, comments, or opinions provided by subscribers in Reviews posted on
the Site. Reviews are displayed for entertainment and informational purposes
only. the National Association of Neighborhood Chambers of Commerce cannot
guarantee the accuracy, integrity, or quality of Reviews. Under no circumstances
will the National Association of Neighborhood Chambers of Commerce or any
third-party providers of the Review Tool be liable in any way for any Review,
including, but not limited to, any errors or omissions in any Review, or any
loss or damage of any kind incurred as a result of the use of the Review Tool or
the use of any content posted in a Review.
With respect to your conduct while using the Review Tool, you agree not to:
attempt to disguise the origin of any content transmitted to the Review Tool;
act in any manner that could negatively affect other users' ability to use the
Review Tool; impersonate any person or entity, including, without limitation, a
moderator or a manufacturer or owner of any product, or falsely state or
otherwise misrepresent your affiliation with a person or entity; upload, post or
otherwise transmit any content that: is not relevant to the product, service,
person or entity being reviewed or rated; you do not have a right to transmit
under any law or under contractual or fiduciary relationships (such as, but not
limited to, inside information, copyrighted material, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); or is unsolicited or
unauthorized advertising, promotional material, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation.
In addition to the grant of rights described in Section 4 above, by transmitting
Reviews to the Site via the Review Tool, you hereby grant the National
Association of Neighborhood Chambers of Commerce the right to use on the Site
the user name, identifier, or any portion thereof, submitted in connection with
such Reviews, if the National Association of Neighborhood Chambers of Commerce
so chooses.
You further represent and warrant that (i) the Reviews you submit are either
original to you, or all third party rights have been fully cleared for use as
contemplated by this Agreement; (ii) such Reviews do and will not, in any way,
violate or breach any of the terms of this Agreement, and (iii) the National
Association of Neighborhood Chambers of Commerce shall not in any circumstance
be required to pay or incur any sums to any person or entity as a result of its
use or exploitation of the Reviews.
Once Reviews are submitted to the Site, the National Association of Neighborhood
Chambers of Commerce may take any or no action with respect to such Reviews,
including, without limitation, deleting, editing, modifying, rejecting, or
refusing to post such Reviews with no notice and at the National Association of
Neighborhood Chambers of Commerce's sole discretion. the National Association of
Neighborhood Chambers of Commerce may use your user name and geographical
location to attribute authorship of Reviews to you.
Waiver of "Moral Rights". If it is determined that you retain "moral rights"
(including rights of attribution or integrity) in the Reviews in spite of the
waiver of moral rights described in Section 4, you agree and warrant that (a)
you do not require that any personally identifying information be used in
connection with the Reviews; (b) you have no objection to the publication, use,
modification, deletion and exploitation of the Reviews on the Site; and (c) you
forever release the National Association of Neighborhood Chambers of Commerce
and its successors and assigns, from any claims that you could otherwise assert
against them by virtue of any such moral rights.
System and Network Security and Integrity. You are prohibited from violating the
security of any system or network comprising the Review Tool. Such violations
may result in criminal and civil liability.
Enforcement. Notwithstanding anything to the contrary in this Agreement, the
National Association of Neighborhood Chambers of Commerce reserves the right to
investigate any misuse of the Review Tool, or its systems, equipment or network.
the National Association of Neighborhood Chambers of Commerce reserves the right
to screen, edit, modify, remove or disable access to any content that violates
these provisions or that the National Association of Neighborhood Chambers of
Commerce deems objectionable. the National Association of Neighborhood Chambers
of Commerce reserves the right to screen Reviews for standard errors, profanity,
indecency, mistakes, relevancy, and potential violation of third-party personal
or proprietary rights (such as infringement of intellectual property rights,
defamation, etc.). Without limitation of the foregoing, the National Association
of Neighborhood Chambers of Commerce reserves the right to report any activity
or persons (including the disclosure of appropriate user information) to
appropriate law enforcement officials, regulators, or other appropriate third
parties that the National Association of Neighborhood Chambers of Commerce
suspects has violated any law or regulation. the National Association of
Neighborhood Chambers of Commerce also may cooperate with appropriate law
enforcement agencies to assist in the investigation and prosecution of any
illegal conduct.
Notice of Copyright Infringement
We intend that all content provided on our Site respect the copyright and other
proprietary rights of third parties. When Site visitors post content on our
Site, of course, we are unable to monitor the copyright ownership of all posted
content. If at any time you believe that any content on our Site infringes your
copyrighted material, then you may request the content be removed from the Site
in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures
described below.
You must send a notice that complies with the Copyright Act, 17 U.S.C.
§512(c)(3) ("Notice") to the agent we have designated with the Copyright Office:
Email: security@nancoc.com
To comply with the Copyright Act, your Notice must be in writing and must
include:
(i) A physical or electronic signature of the person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works are covered by a single notification, a
representative list of such works;
(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 you, such as an
address, telephone number, and, if available, an electronic mail address at
which you may be contacted;
(v) A 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.
When we receive a Notice that complies with the Copyright Act, we will remove
the identified material promptly. We will promptly take reasonable steps to
inform the user who posted the allegedly infringing material (the “alleged
infringer”) of the Notice and subsequent removal. The alleged infringer may then
provide us with a counter-notice ("Counter-Notice”) that the initial
infringement notice was erroneous. Such Counter-Notice must be in writing and
must include:
(i) A physical or electronic signature of the alleged infringer;
(ii) Identification of the material removed or to which access has been disabled
and the location at which the material appeared before it was removed or access
to it was disabled;
(iii) A statement under penalty of perjury that the alleged infringer has a
good-faith belief that the material was removed or access to it disabled as a
result of error;
(iv) The alleged infringer’s name, address, and telephone number; and
(v) A statement of consent to jurisdiction in federal district court and that
the alleged infringer consents to service of process from the complaining party
or its agent.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and
restore the material within 10 to 14 business days of receipt of the
Counter-Notice unless you inform us that you have filed an action seeking a
court order to restrain the allegedly infringing party from engaging in
infringing activity relating to the material on our Site.
Please note: the email address of our Designated Agent is intended specifically
for the receipt of notices of claimed infringement under the Digital Millennium
Copyright Act of 1998, 17 U.S.C. §512. It is not intended for the general
inquiries and permission requests concerning the use of our content.
Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement, or other
information displayed or distributed through the Site, including the Reviews, is
at your sole risk. the National Association of Neighborhood Chambers of Commerce
reserves the right, in its sole discretion and without notice, to correct any
errors or omissions in any portion of the Site, or to deny access to the Site to
anyone acting in violation of this User Agreement at any time. You acknowledge
and agree that the National Association of Neighborhood Chambers of Commerce is
not responsible for any materials posted by users of the Site. Prior to
purchasing any third-party products or services described on the Site, you are
advised to verify pricing and other information. Neither the National
Association of Neighborhood Chambers of Commerce nor its Affiliates shall have
any liability arising from your purchases of third-party goods or services based
upon the information provided on the Site.
Links to Other Sites.
The Site may contain links and pointers to other sites on the Internet which may
be maintained by third parties. Such links do not constitute an endorsement by
the National Association of Neighborhood Chambers of Commerce or its Affiliates
of any third-party site or any materials contained therein. the National
Association of Neighborhood Chambers of Commerce and its Affiliates do not
control, and are not responsible for, the availability, accuracy, privacy
policy, or currency of such third-party sites or any information, content,
products or services accessible from such third-party sites.
Age Restrictions.
You represent and warrant to the National Association of Neighborhood Chambers
of Commerce that you are at least eighteen (18) years old and that you possess
the legal right and ability to enter into this Agreement and to use the Site in
accordance with this Agreement.
Financial Responsibility.
You agree not to assign, transfer or sublicense your rights as a subscriber to
the Subscription-Based Services. You agree to be financially responsible for all
usage or activity on your Subscription-Based Services account.
Indemnification.
You hereby agree to indemnify, defend and hold harmless the National Association
of Neighborhood Chambers of Commerce and its Affiliates from and against any and
all liability and costs incurred by the National Association of Neighborhood
Chambers of Commerce or the Affiliates in connection with any claim arising out
of any breach or alleged breach of any of your representations, warranties or
obligations set forth in this Agreement. You shall cooperate as fully as
reasonably required in the defense of any claim. the National Association of
Neighborhood Chambers of Commerce reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter without
the written consent of the National Association of Neighborhood Chambers of
Commerce.
DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, SUBSCRIPTION-BASED SERVICES OR OTHER PAID PRODUCTS OR SERVICES,
MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF)
ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE NATIONAL ASSOCIATION OF
NEIGHBORHOOD CHAMBERS OF COMMERCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SITE OR THE SUBSCRIPTION-BASED SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SUBSCRIPTION-BASED
SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT
THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE NATIONAL ASSOCIATION OF
NEIGHBORHOOD CHAMBERS OF COMMERCE AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR
IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
(WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY,
ACCURACY, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY.
USE OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF
LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION,
COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION
SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.
UNDER NO CIRCUMSTANCES SHALL THE NATIONAL ASSOCIATION OF NEIGHBORHOOD CHAMBERS
OF COMMERCE OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR
NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR THE NATIONAL ASSOCIATION OF
NEIGHBORHOOD CHAMBERS OF COMMERCE OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS,
LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO
YOUR USE OF OR INABILITY TO USE THIS SITE OR THE SUBSCRIPTION-BASED SERVICES,
EVEN IF THE NATIONAL ASSOCIATION OF NEIGHBORHOOD CHAMBERS OF COMMERCE, ITS
AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES,
CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE),
CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF THE NATIONAL ASSOCIATION OF NEIGHBORHOOD CHAMBERS OF
COMMERCE AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY
PAID BY YOU FOR ACCESS TO AND USE OF THE SUBSCRIPTION-BASED SERVICES. YOU HEREBY
RELEASE THE NATIONAL ASSOCIATION OF NEIGHBORHOOD CHAMBERS OF COMMERCE AND ITS
AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF
THIS LIMITATION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE
KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Termination.
In addition to any other rights of the parties set forth herein, the National
Association of Neighborhood Chambers of Commerce may cancel or terminate this
Agreement at any time. the National Association of Neighborhood Chambers of
Commerce also reserves the right to restrict, suspend or terminate your access
to the Site and/or the Subscription-Based Services in whole or in part, without
notice, with respect to any breach or threatened breach by you of any portion of
this Agreement. If the National Association of Neighborhood Chambers of Commerce
terminates this Agreement (and therefore your access to the Site) based on a
breach of any portion of this Agreement, the National Association of
Neighborhood Chambers of Commerce reserves the right to refuse to provide access
to the Site or a subscription or any Subscription-Based Services to you in the
future.
Modifications
(a) To the Agreement.
the National Association of Neighborhood Chambers of Commerce has the right to
modify this Agreement and any policies affecting the Site, including without
limitation the No-Commercial Use Policy. Any modification is effective
immediately upon posting to the Site or distribution to you via electronic mail
or conventional mail. Your continued use of the Site following notice of any
modification to this Agreement shall be conclusively deemed an acceptance of all
such modification(s). Your only right with respect to any dissatisfaction with
any modifications made pursuant to this provision, or any policies or practices
of the National Association of Neighborhood Chambers of Commerce in providing
the Site, including without limitation
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the
Subscription-Based Services or print subscription products purchased through our
Site,
is to cancel your subscription in accordance with instructions provided in
Section 2 above.
(b) To the Site.
the National Association of Neighborhood Chambers of Commerce has the right to
modify, suspend or discontinue the Site or any portion thereof at any time,
including the availability of any area of the Site and the Subscription-Based
Services. the National Association of Neighborhood Chambers of Commerce may also
impose limits on certain features and services or restrict your access to parts
or all of the Site without notice or liability.
General.
This Agreement constitutes the entire agreement between you and the National
Association of Neighborhood Chambers of Commerce with respect to the Site and to
your purchase of the National Association of Neighborhood Chambers of Commerce’s
products and services offered through this Site, if applicable, including the
Subscription-Based Services, and supersedes all prior agreements between you and
the National Association of Neighborhood Chambers of Commerce. Failure by the
National Association of Neighborhood Chambers of Commerce to enforce any
provision of this Agreement shall not be construed as a waiver of any provision
or right. Interpretation and enforcement of this Agreement shall be governed by
the laws of the state of New York (excluding its choice of law rules). In the
event that any portion of this Agreement is held unenforceable, the
unenforceable portion shall be construed in accordance with applicable law as
nearly as possible to reflect the original intentions of the parties, and the
remainder of the provisions shall remain in full force and effect.
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