By registering as a user of this Site, you agree to the following
terms and conditions:
Application. This Agreement
describes the terms and conditions applicable to your use of our services
available under the domain www.ourchapter.org. If
you object to the terms and conditions of this Agreement, please refrain
from utilizing our services because this agreement is a waiver of any
and all right to sue us for damages incurred as a result of your use of
the Main Site.
Binding Effect. You are deemed
to have read and accepted all of the terms and conditions contained in
this Member Agreement and Privacy Policy, before you became a user of
the the Main Site.
Changes to this Agreement. From
time to time, we may amend this Policy by posting the amend terms on our
Website. New
terms will be effective immediately. If
you have opted to receive such notices, you will also receive a notice
of policy changes via email. This
agreement is effective as of December 1, 2011 as revised March 28, 2016.
Membership. Anyone may become
a user of our Main Site.
Waiver
and Release. Member
hereby waives and releases any and all claims, demands, causes of action
or rights to sue for damages against Brevard Web Pro, Inc., d/b/a OurChapter.org and its partners (including each party's officers, directors,
subsidiaries, joint ventures and employees) for the actions of Eligible
Members, whether or not in connection with a transaction hosted on this
Website. Brevard Web Pro, Inc. hereby disclaims any and all warranty, whether express or implied,
in connection with your use of this Website to perform classified ad or
auction transactions. If you are a California resident, you waive any
rights you may have under California Civil Code §1542, which provides
that: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected his settlement
with the debtor."
Fees
If you charge attendees for your event and we have a fee applicable to such charges, any attempt to circumvent our fee system will constitute grounds for the
termination of your account. Examples include placing prices in the event description and making individual registration items free of charge
(which circumvents our accounting system)
Membership Fees
Unless otherwise indicated, ordinary use of the Main Site is free of charge. We may ask for donations twice a year, but it will NOT be required.
Changes to our Policy
From time to time, we may amend this Policy by posting the amend terms
on our Website. New
terms will be effective immediately. If
you have opted to receive such notices, you will also receive a notice
of policy changes via email.
No Warranty.
Brevard Web Pro, Inc., our PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES
AND OUR SUPPLIERS (COLLECTIVELY, "PROVIDERS") PROVIDE OUR WEB
SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other legal rights
that vary from state to state.
Limitation of Liability. IN
NO EVENT SHALL PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE,
OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE
IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN
CONNECTION WITH THE ACTION GIVING RISE TO LIABILITY, AND (B) $150. Some
States do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Indemnity. You agree to
indemnify and hold Providers harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising
out of your breach of this Agreement or the documents it incorporates
by reference, or your violation of any law or the rights of a third party.
Legal Compliance. You shall comply
with all applicable domestic and international laws, statutes, ordinances
and regulations regarding your use of our service and your bidding on,
listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency. You and Providers
are independent contractors. As
such,no agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Notices. Except as explicitly
provided to the contrary, any notices to Brevard Web Pro, Inc. shall be given by email
to Chapter Place Contact Us
Severability. If any provision
of this Agreement is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced.
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