User Conduct & Participation
The Site and its contents, including but not limited to articles, newsletters, forums, blogs,comments, promotional language, graphical images, interactive applications, and the userinterface (the "Content") are the property and copyrighted material of Mission Viejo Chamber of Commerce,its licensors, vendors and partners. "Content" also includes any material from the Site thatMission Viejo Chamber of Commerce delivers to you through e-mail. You may display the Content and otherwiseuse the Site solely for your personal, noncommercial use. You may not modify, copy, distribute,forward, display, repost, reprint, sublicense, create derivative works from, transfer, quoteor sell any content except as expressly permitted by copyright law, The Digital MillenniumCopyright Act or as expressly permitted in this Site Agreement. Any Content you add to theSite becomes property of Mission Viejo Chamber of Commerce to use without limitation, or any payment requiredto you, acknowledgment or consent from you, for any purpose whatsoever. Mission Viejo Chamber of Commercereserves the right to edit, remove or alter any Content You add to the site as it deems necessaryand without your consent.
You agree to not use the Site to:
Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening,abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,or racially, ethnically or otherwise objectionable;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a Mission Viejo Chamber of Commerce employee,or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of anyContent transmitted through the Site;
Upload, post, email or otherwise transmit any Content that you do not have a right to transmitunder any law or under contractual or fiduciary relationships (such as inside information,proprietary and confidential information learned or disclosed as part of employment relationshipsor under nondisclosure agreements);
Upload, post, email or otherwise transmit any Content that infringes any patent, trademark,trade secret, copyright or other proprietary rights ("Rights") of any party;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising,promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
Upload, post, email or otherwise transmit any material that contains software viruses or anyother computer code, files or programs designed to interrupt, destroy or limit the functionality ofany computer software or hardware or telecommunications equipment;
Interfere with or disrupt the Service or servers or networks connected to the Service, or disobeyany requirements, procedures, policies or regulations of networks connected to the Service;
Intentionally or unintentionally violate any applicable local, state, national or international law;
Harass another user;
Collect or store personal data about other users.
Take advantage of promotional offers in a manner inconsistent with fair use of suchpromotion as detailed in the promotion rules. In the event of such abuse, Mission Viejo Chamber of Commercereserves the right to take action to prevent such activity, including, but not limited to, terminatingthe Membership and Site privileges of the user.
Username, Password and Security
You will choose a username and password during the Mission Viejo Chamber of Commerce order process (in somecases these will be automatically assigned; you can change your username and password fromyour member profile page). You are responsible for maintaining the confidentiality of thepassword and your account, and are fully responsible for all activities that occur under yourpassword or account. You agree to (a) immediately notify Mission Viejo Chamber of Commerce of any unauthorizeduse of your password or account or any other breach of security, and (b) ensure that you log offfrom your account at the end of each session. Mission Viejo Chamber of Commerce cannot and will not be liable forany loss or damage arising from your failure to comply with this section. Your account is foryour personal use only and may only be used by you and your immediate family members livingwith you in your home.
Purchase Of Services
By using the Site you acknowledge and agree that Mission Viejo Chamber of Commerce and its Partners shall have noliability for any cost, damage or harm arising directly or indirectly in connection with any of theServices ordered or received through this Site or through links on this Site or from any action orinaction of any Partner.
You may have the option to purchase Services over this Site using a credit card by sending thatinformation over the Internet. This Site uses encryption technology to protect the informationfrom access by unauthorized third parties. However, neither Mission Viejo Chamber of Commerce, nor any Partnercan guarantee that the encryption technology will operate as intended or that a third party willnot be able to access such information. If you have any concerns about sending such informationover the Internet, you may call Mission Viejo Chamber of Commerce to place your subscription or other orders bytelephone. By sending any sensitive information over the Internet in connection with your useof this Site, you agree that neither Mission Viejo Chamber of Commerce nor any Partner will have any liability if theapplicable encryption technology fails to protect your information.
Unless you notify Mission Viejo Chamber of Commerce that you do not wish to renew your Membership, will automatically renew your membership each month and bill the then-current renewalfee to your designated billing source.
Right to Cancel Paid-for Membership
You have the right to cancel your Membership at any time. You may cancel at any time andreceive a full refund of your current month's paid membership fee by calling 1phone numberor writing to Mission Viejo Chamber of Commerce address Attention: Membership Services. If you cancel a paidMembership during your trial, you will owe nothing more. If you cancel a paid Membershipat anytime thereafter, you will receive a refund of your then-current month's paid membershipfee. You will remain liable for any other fees, purchases or charges to be paid pursuant to thisAgreement.
Coupons and Discounts
Disclaimer of Warranty; Limitation of Liability
Mission Viejo Chamber of Commerce does not guarantee the accuracy, integrity or quality of Content. Under nocircumstances will Mission Viejo Chamber of Commerce be liable in any way for any Content, for any errors oromissions in any Content, or for any loss or damage of any kind incurred as a result of the use ofany Content posted, emailed or otherwise transmitted via the Mission Viejo Chamber of Commerce Site Content. Youexpressly agree that use of Mission Viejo Chamber of Commerce and all of its content and function is at your solerisk. Neither Mission Viejo Chamber of Commerce, its affiliates nor any of their respective employees, agents, thirdparty content providers or licensors warrant that Mission Viejo Chamber of Commerce will be uninterrupted or errorfree; nor do they make any warranty as to the results that may be obtained from use of , or as to the accuracy, reliability or content of any information, service, or merchandiseprovided through Mission Viejo Chamber of Commerce.
Mission Viejo Chamber of Commerce is provided on an "as is" basis without warranties of any kind, either express orimplied, including, but not limited to, warranties of title or implied warranties of merchantabilityor fitness for a particular purpose, other than those warranties which are implied by andincapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure ofperformance, 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, tortuous behavior, negligence,or under any other cause of action. User specifically acknowledges that Mission Viejo Chamber of Commerce isnot liable for the defamatory, offensive or illegal conduct of other users or third-parties andthat the risk of injury from the foregoing rests entirely with user. Mission Viejo Chamber of Commerce will notbe held responsible for the performance of marketing or fulfillment partners including travel,merchandise or financial incentive offers made as an inducement to join Mission Viejo Chamber of Commerce; in nocase will Mission Viejo Chamber of Commerce's liability to a Member exceed its cost for such incentive offer.
In no event will Mission Viejo Chamber of Commerce, or any person or entity involved in creating, producing ordistributing Mission Viejo Chamber of Commerce or the Mission Viejo Chamber of Commerce software, be liable for any damages,including, without limitation, direct, indirect, incidental, special, consequential or punitivedamages arising out of the use of or inability to use Mission Viejo Chamber of Commerce. User hereby acknowledgesthat the provisions of this section shall apply to all content on the site.
In addition to the terms set forth above neither, Mission Viejo Chamber of Commerce, nor its affiliates, informationproviders or content partners shall be liable regardless of the cause or duration, for any errors,inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the informationcontained within Mission Viejo Chamber of Commerce, or for any delay or interruption in the transmission thereofto the user, or for any claims or losses arising there from or occasioned thereby. None of theforegoing parties shall be liable for any third-party claims or losses of any nature, including, butnot limited to, lost profits, punitive or consequential damages.
This site may automatically produce search results or contain links to other sites on the Internetthat are owned and operated by third party vendors and other third parties (the "External Sites").Mission Viejo Chamber of Commerce is not responsible for the availability of, or the content located on or through,any External Site. Mission Viejo Chamber of Commerce does not endorse the content (or software) of any third partysite, nor do we warrant that they will not contain viruses or otherwise impact your computer. Byusing the Site to search for or link to another site, you agree and understand that you may notmake any claim against Mission Viejo Chamber of Commerce for any damages or losses, whatsoever, resulting fromyour use of the Site to obtain search results or to link to another site. In addition, should you linkto any third party site you will be bound by the terms and conditions that apply on that site.
Governing Law, Arbitration
This Site Agreement, and the respective rights and obligations of the parties hereunder, shallbe governed by, and construed in accordance with, the laws of the State of Michigan. If thereis a dispute between you and Mission Viejo Chamber of Commerce, either of us may elect to have it resolved byproceeding in small claims court or by final and binding arbitration administered by the NationalArbitration Forum, or the American Arbitration Association, under their rules for consumerarbitrations. All disputes in arbitration will be handled just between the named parties, and noton any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THATYOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shallsurvive any termination, cancellation or expiration of this Agreement.
Mission Viejo Chamber of Commerce reserves the right to change this Site Agreement at any time by revisingthe terms and conditions herein. You are responsible for regularly reviewing these terms andconditions and your use of the Site following any such change constitutes your acceptance ofsuch changes.
Mission Viejo Chamber of Commerce reserves the right to modify or improve the Site at any time at its sole discretionwithout notice to users. Mission Viejo Chamber of Commerce may deny access to the Site to anyone at any time.
This Site Agreement shall include any additional terms, conditions, notices, policies ordisclaimers provided by Mission Viejo Chamber of Commerce, its licensors, vendors or partners in specific areas ofthe Site. However, in the event of a conflict between such terms and this Site Agreement, theterms of this Site Agreement shall prevail.
Mission Viejo Chamber of Commerce, at its option, may communicate with You regarding the Mission Viejo Chamber of Commerceservice by mail, by telephone or by electronic communications. Mission Viejo Chamber of Commerce maycommunicate with You electronically by means of electronic mail to the email address Youprovide when You sign-up for the Mission Viejo Chamber of Commerce service and/or postings to the website. Mission Viejo Chamber of Commerce may communicate electronically to You the following typesof communications: Membership Terms and Conditions (including any amendments thereto),notices or disclosures regarding the Mission Viejo Chamber of Commerce service, payment and billing authorizations,and other matters relating to your use of the Mission Viejo Chamber of Commerce service.
You may contact Mission Viejo Chamber of Commerce via the Website contact function to request another electroniccopy of an electronic communication without a fee. You may request a paper copy of the termsof the payment authorization, and Mission Viejo Chamber of Commerce may charge you a fee to provide such papercopy. You may update your contact information when logged-in to your Site profile, and opt-out via links within email communications to withdraw your consent to receive marketing-oriented electronic communications. Mission Viejo Chamber of Commerce reserves the right to terminate your use ofthe Service if You decline or withdraw your consent to receive electronic communications fromMission Viejo Chamber of Commerce.
You will need the following software and hardware to access the Mission Viejo Chamber of Commerce Service andelectronic communications sent to You by Mission Viejo Chamber of Commerce as part of your Mission Viejo Chamber of Commercemembership: Windows(r) XP, Service Pack 2 or later, or Macintosh OS X 10.0 or later personalcomputer, Internet access, a working email address, and compatible Internet Browser (InternetExplorer version 7.0 or a later version, Firefox 3.0 or later, Chrome 3.0 or later). HTML-capableemail client (Gmail, Yahoo mail, Thunderbird, Outlook Express, Outlook, Eudora, Apple Mail(OS X 10.0+ native application), etc. Internet browsers, email clients and operating systemsother than supported versions as described herein may not perform as expected when using theMission Viejo Chamber of Commerce Service, and Mission Viejo Chamber of Commerce is not responsible for these unpredictable results.To retain copies of electronic communications, you must print a copy using a printer attached toyour computer, or save an electronic copy to your computers disk or other storage device.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
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