Terms of Use
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Lancelin Chamber of Commerce and Industry's website "Site" or “Service” if you do not agree to take all of the terms and conditions stated on this page.
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The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "User", "You" and "Your" refers to you, the person logged on this website and compliant to the Lancelin Chamber of Commerce and Industry Inc's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to Lancelin Chamber of Commerce and Industry Inc. "Party", "Parties", or "Us", refers to both the User and Lancelin Chamber of Commerce and Industry Inc. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner for the express purpose of meeting the User’s needs in respect of provision of Our stated services, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
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1. Acceptance of Terms
www.lancelinchamber.com.au provides a collection of online resources, including classified ads, forums, catalogues, products, memberships, chats and various email services available on or through www.lancelinchamber.com.au (referred to hereafter as the" Site”) subject to the following Terms of Use (“TOU”). By using the Site in any way, you are agreeing to comply with the TOU. In addition, when using particular services, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
2. Modifications to This Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. Eligibility for Use
We reserve some parts of the Site exclusively for professional purchasers, sellers who are acceptable to Us in its sole discretion. Although We attempt to limit the use of these parts of the Site to such purchasers, sellers, nothing herein shall create any right of action against Us for failing to adequately screen potential users or prevent the use of Us or the Site by users who are not professional purchasers or sellers.
4. Content
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Site are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Site. Likewise, if you request the assistance of Lancelin Chamber of Commerce and Industry to post content, or if you imply consent that We may post content on your behalf, either by written or oral means, or you fail to inform Us that content should be removed, you are equally responsible for the content. You waive any and all claims against Lancelin Chamber of Commerce and Industryof a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on Lancelin Chamber of Commerce and Industry. You understand that Lancelin Chamber of Commerce and Industry does not control, and is not responsible for personal Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site. By posting Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Lancelin Chamber of Commerce and Industry an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorise sublicenses of the foregoing. Furthermore, Lancelin Chamber of Commerce and Industry and Content available through the Site may contain links to other websites, which are completely independent of Lancelin Chamber of Commerce and Industry. Lancelin Chamber of Commerce and Industry makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Lancelin Chamber of Commerce and Industry be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. You acknowledge that Lancelin Chamber of Commerce and Industry does not pre-screen or approve Content, but that Lancelin Chamber of Commerce and Industry shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of the TOU or for any other reason. Lancelin Chamber of Commerce and Industry is a community of people who can provide opinions about services and providers they use. Lancelin Chamber of Commerce and Industry provides transparency and we do not remove listings for historical purposes (unless it is a duplicate of another profile on Lancelin Chamber of Commerce and Industry), but we can mark your business as closed if it is no longer trading, update your listing if you do not have availability and would like to remove your contact details or hide your business if membership is not up to date.
5. Third Party Content, Sites and Services
Lancelin Chamber of Commerce and Industry and Content available through the Site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Lancelin Chamber of Commerce and Industry, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organisations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. It is not possible for Lancelin Chamber of Commerce and Industry to verify information provided by the seller of any item or service.
You agree that Lancelin Chamber of Commerce and Industry shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Site. If there is a dispute between users of the Site, or between users and any third party, you understand and agree that Lancelin Chamber of Commerce and Industry is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release Lancelin Chamber of Commerce and Industry, volunteers, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
6. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to Lancelin Chamber of Commerce and Industry’s agent for notice of claims of copyright or other intellectual property infringement:
by email: lancelincc@gmail.com
Please include the following with your Notice::
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The identity of the material on Lancelin Chamber of Commerce and Industry that you claim is infringing, in sufficient detail so that we may locate it on the website;
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A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
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Your address, telephone number, and email address;
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A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner; and
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Your physical or electronic signature.
7. Privacy and Information Disclosure
Lancelin Chamber of Commerce and Industry may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by Lancelin Chamber of Commerce and Industry's Privacy Policy.
8. Conduct
You agree not to post, email, or otherwise make available Content:
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that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
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that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Site;
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that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
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that suggests a discriminatory preference based on race, colour, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
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that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, colour, religion, sex, national origin, age, or disability;
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that impersonates any person or entity, including, but not limited to, a Lancelin Chamber of Commerce and Industry employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
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that includes personal or identifying information about another person without that person’s explicit consent;
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that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
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that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
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that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
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that constitutes or contains any form of advertising or solicitation if: posted in areas of Lancelin Chamber of Commerce and Industry which are not designated for such purposes;
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or emailed to Lancelin Chamber of Commerce and Industry users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
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that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
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that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Site, or that otherwise negatively affects other users’ ability to use the Site;
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or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site.
Additionally, you agree not to:
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contact anyone who has asked not to be contacted;
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“stalk” or otherwise harass anyone;
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collect personal data about other users for commercial or unlawful purposes;
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use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site – unless expressly permitted by Lancelin Chamber of Commerce and Industry;
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post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
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post the same item or service in more than one classified category or forum;
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attempt to gain unauthorised access to Lancelin Chamber of Commerce and Industry’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or Lancelin Chamber of Commerce and Industry;
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or use any form of automated device or computer program that enables the submission of Content on Lancelin Chamber of Commerce and Industry without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
9. Posting Agents
A “Posting Agent” is a third-party agent, service or intermediary that offers to post Content to the Site on behalf of others. To moderate demands on Lancelin Chamber of Commerce and Industry’s resources, you may not use a Posting Agent to post Content to the Site without express permission or license from Lancelin Chamber of Commerce and Industry. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Siteto facilitate posting Content on behalf of others, except with express permission or license from Lancelin Chamber of Commerce and Industry.
10. No Spam Policy
You understand and agree that sending unsolicited email advertisements to Lancelin Chamber of Commerce and Industry email addresses or through Lancelin Chamber of Commerce and Industry computer systems is expressly prohibited by these TOU. Any unauthorised use of Lancelin Chamber of Commerce and Industry computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
11. Paid Postings
We may charge a fee to post Content in some areas of the Site. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Site is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Site for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
12. Limitations on Services
You acknowledge that Lancelin Chamber of Commerce and Industry may establish limits concerning use of the Site, including the maximum number of days that Content will be retained by the Site is transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that Lancelin Chamber of Commerce and Industry has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that Lancelin Chamber of Commerce and Industry reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that Lancelin Chamber of Commerce and Industry shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
13. Access to The Site
Lancelin Chamber of Commerce and Industry grants you a limited, revocable, nonexclusive license to access the Sitefor your own personal use. This license does not include: (a) access to the Site by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Lancelin Chamber of Commerce and Industry. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specialises in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.
Lancelin Chamber of Commerce and Industry does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Site, absent express permission granted by Lancelin Chamber of Commerce and Industry to do so. You may create a hyperlink to the home page of Lancelin Chamber of Commerce and Industry, so long as the link does not portray Lancelin Chamber of Commerce and Industry, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Lancelin Chamber of Commerce and Industry may offer various parts of the Site in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Lancelin Chamber of Commerce and Industry permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Site and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “Lancelin Chamber of Commerce and Industry” as the source, (d) your use or display does not suggest that Lancelin Chamber of Commerce and Industry promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Lancelin Chamber of Commerce and Industry’s systems. Lancelin Chamber of Commerce and Industryreserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Site beyond the scope of authorised access granted to you by Lancelin Chamber of Commerce and Industry immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Site or any Content made available via the Sitefor other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Lancelin Chamber of Commerce and Industry that has been signed by one of Lancelin Chamber of Commerce and Industry’s authorised representatives.
14. Termination of Service
You agree that Lancelin Chamber of Commerce and Industry, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if Lancelin Chamber of Commerce and Industry believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Lancelin Chamber of Commerce and Industry shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU. You agree that even though you may delete your account, Lancelin Chamber of Commerce and Industry can continue to display your account in our searches along with any reviews that have been posted.
15. Proprietary Rights
The Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Lancelin Chamber of Commerce and Industry. You further agree not to reproduce, duplicate or copy Content from the Site without the express written consent of Lancelin Chamber of Commerce and Industry, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site. Lancelin Chamber of Commerce and Industry, as well as certain other of the names, logos, and materials displayed on Lancelin Chamber of Commerce and Industry, constitute trademarks, trade names, service marks or logos (“Marks”) of Lancelin Chamber of Commerce and Industry or other entities. You are not authorised to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with Lancelin Chamber of Commerce and Industry or those other entities.
Although Lancelin Chamber of Commerce and Industry does not claim ownership of content that its users post, by posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Lancelin Chamber of Commerce and Industry an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorise sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Site, you automatically grant Lancelin Chamber of Commerce and Industry all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.
16. Disclaimer of Warranties
YOU AGREE THAT USE OF LANCELIN CHAMBER OF COMMERCE AND INDUSTRY AND THE SITE AND SERVICE IS ENTIRELY AT YOUR OWN RISK. LANCELIN CHAMBER OF COMMERCE AND INDUSTRYAND THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LANCELIN CHAMBER OF COMMERCE AND INDUSTRY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF LANCELIN CHAMBER OF COMMERCE AND INDUSTRY AND THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LANCELIN CHAMBER OF COMMERCE AND INDUSTRY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON LANCELIN CHAMBER OF COMMERCE AND INDUSTRY OR THE SITE, OR ACCESSED THROUGH ANY LINKS ON LANCELIN CHAMBER OF COMMERCE AND INDUSTRY OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLOURS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, LANCELIN CHAMBER OF COMMERCE AND INDUSTRY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH LANCELIN CHAMBER OF COMMERCE AND INDUSTRY OR THE SITE AND SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LANCELIN CHAMBER OF COMMERCE AND INDUSTRY, LANCELIN CHAMBER OF COMMERCE AND INDUSTRY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
17. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL LANCELIN CHAMBER OF COMMERCE AND INDUSTRY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LANCELIN CHAMBER OF COMMERCE AND INDUSTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF LANCELIN CHAMBER OF COMMERCE AND INDUSTRY OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF LANCELIN CHAMBER OF COMMERCE AND INDUSTRY OR THE SERVICE, FROM INABILITY TO USE LANCELIN CHAMBER OF COMMERCE AND INDUSTRY OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF LANCELIN CHAMBER OF COMMERCE AND INDUSTRY OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH LANCELIN CHAMBER OF COMMERCE AND INDUSTRY OR THE SERVICE OR ANY LINKS ON LANCELIN CHAMBER OF COMMERCE AND INDUSTRY OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH LANCELIN CHAMBER OF COMMERCE AND INDUSTRY OR THE SERVICE OR ANY LINKS ON LANCELIN CHAMBER OF COMMERCE AND INDUSTRY. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some states, limitations of liability are not permitted. In such states some of the foregoing limitation may not apply to you.
18. Indemnity
You agree to indemnify and hold Lancelin Chamber of Commerce and Industry, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
19. General Information
The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and Lancelin Chamber of Commerce and Industry and governs your use of the Service, superseding any prior agreement between you and Lancelin Chamber of Commerce and Industry. The failure of Lancelin Chamber of Commerce and Industry to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. Violation of Terms and Liquidated Damages
Please report any violations of the TOU by sending an email to lancelincc@gmail.com .
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Lancelin Chamber of Commerce and Industry to pursue legal action to enforce the TOU, you will be liable to pay Lancelin Chamber of Commerce and Industry the following amounts as liquidated damages, which you accept as reasonable estimates of Lancelin Chamber of Commerce and Industry’s damages for the specified breaches of the TOU:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Lancelin Chamber of Commerce and Industry one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If Lancelin Chamber of Commerce and Industry establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Lancelin Chamber of Commerce and Industry one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Lancelin Chamber of Commerce and Industry in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to Lancelin Chamber of Commerce and Industry email addresses or through Lancelin Chamber of Commerce and Industry computer systems, you agree to pay Lancelin Chamber of Commerce and Industry twenty five dollars ($25) for each such email.
If you post Content in violation of the TOU, other than as described above, you agree to pay Lancelin Chamber of Commerce and Industry one hundred dollars ($100) for each item of Content posted. In its sole discretion, Lancelin Chamber of Commerce and Industry may elect to issue a warning before assessing damages.
If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Lancelin Chamber of Commerce and Industry one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Lancelin Chamber of Commerce and Industry an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without Lancelin Chamber of Commerce and Industry’s express written permission, you agree to pay Lancelin Chamber of Commerce and Industry three thousand dollars ($3,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOU, Lancelin Chamber of Commerce and Industry retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
21. Feedback
We welcome your questions and comments. Please send them to lancelincc@gmail.com .
22. Terms of Use For All Services
Lancelin Chamber of Commerce and Industry offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.
As a condition to your use of the Programs and as material inducement on the part of Lancelin Chamber of Commerce and Industry and its Affiliates to offer the Programs, you expressly acknowledge and agree that:
Use of the Programs are at your sole risk. Lancelin Chamber of Commerce and Industry and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:
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For Consumers:
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a) the Programs
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b) the Professional
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c) the Services to be performed by any Professional.
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a) your use of the Programs
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b) the engagement by you of any Professional
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c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
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d) any other matter relating to the Programs.
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- In no event will Lancelin Chamber of Commerce and Industry’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.
- Lancelin Chamber of Commerce and Industry and its Affiliates do not provide, nor will they provide, any service to or for you, nor is Lancelin Chamber of Commerce and Industry and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.
- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.
For Professionals:
a) the Programs
b) the Consumers
c) the agreement between you and the Consumer.
Lancelin Chamber of Commerce and Industry, its Officers, Directors, Members and Employees, as well as Lancelin Chamber of Commerce and Industry Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
a) your use of the Programs
b) the engagement of you by any Consumer
c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like
d) any other matter relating to the Programs.
- In no event will Lancelin Chamber of Commerce and Industry’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.
- Lancelin Chamber of Commerce and Industry and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.
- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.
Questions about our services programs may be directed to: lancelincc@gmail.com
Lancelin Chamber of Commerce and Industry, its Officers, Directors, Members and Employees, as well as Lancelin Chamber of Commerce and Industry Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
23. Brand Agreement
Legal Disclaimer: By logging in to your Lancelin Chamber of Commerce and Industry account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.
1) Parties: This “Agreement” between “I” or “me” or the “Company” and Lancelin Chamber of Commerce and Industry. (“Lancelin Chamber of Commerce and Industry”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
2) Content: I hereby license to Lancelin Chamber of Commerce and Industry the use of the images (including logo, products, installation photos, etc.), product catalogue, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalogue, related data, the “Content”) for display on Lancelin Chamber of Commerce and Industry and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website Lancelin Chamber of Commerce and Industry at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but Lancelin Chamber of Commerce and Industry retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for Lancelin Chamber of Commerce and Industry to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my Lancelin Chamber of Commerce and Industry account with any updates to the Content necessary to keep such Content accurate and representative of my products. Lancelin Chamber of Commerce and Industry and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.
3) Fees:
(a) Membership: Price as stated on Lancelin Chamber of Commerce and Industry at the time of purchase of the membership. Price remains locked in for one year as long as membership is kept current. All payments are paid upfront at the beginning of the 1 year billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.
4) Length of Contract: This Agreement is valid up to and until I cancel my account.
5) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, Lancelin Chamber of Commerce and Industry may attempt to contact me to determine updated account information. Lancelin Chamber of Commerce and Industry will wait thirty (30) days before cancelling my membership.
6) Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. Lancelin Chamber of Commerce and Industry may terminate this agreement at will. In the event Lancelin Chamber of Commerce and Industry terminates this agreement early, and I am not in violation of any term of this Agreement, I will not receive a prorated reimbursement for the portion of the billing cycle remaining.
End Agreement.
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