7.4 Website Terms and Agreements:
This Agreement is between you and Chattanooga Area Chamber of Commerce (“CCOC”). Use of this Internet Website (hereinafter referred to as the “Website”) signifies your agreement to the terms and conditions of access and use set forth herein (hereinafter referred to as the “Agreement”). YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE.
1. You acknowledge that you have read this Agreement and that you accept the terms thereof. If you do not agree to all of the terms and conditions of this Agreement, you may not access or otherwise use the Website.
2. CCOC reserves the rights, at its sole discretion, to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website.
3. CCOC may monitor your use of the Website and may freely use and disclose any information and materials received from you or collected through your use of the Website for any lawful reason or purpose.
4. The Website is protected by copyright pursuant to U.S. copyright laws, international conventions and treaties and other copyright laws. CCOC may place certain materials on the Website relating to CCOC and its business and/or relating to the Website (hereinafter referred to as the “Materials”). All Materials contained on the Website are protected by copyright laws and international conventions and treaties, and are owned or controlled by CCOC or by the party credited as the owner or provider thereof. You agree to honor any and all copyright notices and any other restrictions contained in the Materials. You may download and make one copy of the Materials on the Website for personal, noncommercial use only, provided that you maintain all copyright and other notices and restrictions contained therein. Copying, storing or using any of the Materials for any purpose other than personal, noncommercial use is expressly prohibited without the prior written consent of CCOC or any other person or entity that is identified as the owner or copyright holder of the Materials.
5. CCOC may change, suspend or discontinue any aspect, feature or database of the Website at any time, without prior notice. CCOC may also impose limits on certain services or features or restrict your access to any of the Materials without providing prior notice or incurring any liability.
6. You represent, warrant and covenant that: (a) you shall not upload, post, transmit to, distribute or otherwise publish through the Website any communication or any part thereof which: (i) restricts or inhibits any other user from using and enjoying the Website; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iv) violates, plagiarizes or infringes the rights of CCOC or any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; or (vi) constitutes or contains false or misleading statements of fact or indications of origin; and (b) you are at least eighteen years of age and are legally competent to enter into this Agreement.
7. The Website may contain links to other World Wide Web Internet sites. Links to and from the Website and any other site do not constitute an endorsement by CCOC of such site, or of its owner or provider, or of any products or services offered for sale thereby or information contained thereon.
8. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. CCOCDOES NOT ENDORSE, WARRANT OR GUARANTEE ANY EXCHANGE OR TRANSACTION OFFERED OR MADE THROUGH THE WEBSITE AND WILL NOT BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER PERSON.
9. You agree to indemnify, defend and hold CCOC, and all its officers, directors, owners, agents, employees and affiliates (hereinafter referred to collectively as the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or any of the foregoing representations, warranties and covenants, or in connection with any claim arising out of any transaction offered or made via the Website, including, without limitation, attorneys fees and costs. Furthermore, you release the Indemnified Parties from any claims, demands and/or damages, actual or consequential, of every kind and nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to any transaction instituted or made via the Website. You shall cooperate as fully as reasonably required in the defense of any claim. CCOC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
10. THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSIBLE THERETHROUGH IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CCOCMAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR OR RELATING TO ANY OF THE MATERIALS, OR RELATING TO ANY LINKS TO OTHER SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION TO OR THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHERMORE, CCOC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CCOCDOES NOT WARRANT THAT THE WEBSITE OR THE OPERATION THEREOF WILL BE UNINTERRUPTED, OR THAT THE MATERIALS WILL BE ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. YOU AGREE THAT NEITHER CCOC NOR ANY OF ITS EMPLOYEES, AGENT OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE (WHETHER OR NOT ANY SUCH INABILITY TO USE THE WEBSITE ARISES FROM ANY ACTION OR NEGLIGENCE OF CCOC), OR FROM ANY ERRORS CONTAINED IN THE MATERIALS EXCHANGED OR OTHERWISE TRANSFERRED ON OR THROUGH THE WEBSITE, OR FOR ANY TRANSACTION MADE ON THE WEBSITE, OR ARISING FROM ANY OTHER MATTER RELATING TO THE WEBSITE.
16. YOU AGREE THAT CCOCSHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY STATEMENTS OR CONDUCT OF ANY OTHER USER OF THE WEBSITE.
17. You acknowledge that communications to and from the Website are not confidential, and you acknowledge that such communications may be accessed, read or intercepted by others. You furthermore acknowledge that by submitting a communication to the Website, no confidential, fiduciary, and contractually implied or other relationship is created between you and CCOC, other than as set forth in this Agreement except that communications made via a dedicated . . . shall be maintained as confidential to the extent reasonably possible.
18. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in Hamilton County in the State of Tennessee. 19. This Agreement constitutes the entire agreement between you and CCOC with respect to your access and use of the Website. Any cause of action you may have with respect to your access and use of the Website must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Agreement shall continue in full force and effect.
