IMPORTANT: YOUR USE OF THE WORLDCHAMBERS.COM AND RELATED SERVICES SUCH AS
CHAMBERTRUST, CHAMBER E-VAULT AND ASSOCIATED SERVER-BASED SOFTWARE AND/OR
MEMBERSHIP BASED SERVICES IS CONDITIONED UPON YOUR COMPLIANCE AND
ACCEPTANCE OF THESE TERMS.
This is a legal
agreement between you (either an entity or individual) and WORLDCHAMBERS.com for use of the Services, media, printed
materials, and online web electronic documentation. You
agree to be bound by and become a party to all the terms of this
Agreement by joining and becoming a member and customer
supported by the Services. If you do not agree with the terms of
this Agreement, do not use, or join the Services. Any software
associated with the Services is protected by copyright laws and
international copyright treaties, as well as other intellectual
property laws and treaties
RESPONSIBILITY
FOR CONTENT OF YOUR DATA ENTRIES AND e-COMMUNICATIONS.
You agree that you are solely responsible for the content of all
visual, written or audible communications sent by you. You
further agree not to use the Services to communicate any message
or material that is harassing, libelous, threatening, obscene,
indecent, would violate the intellectual property rights of any
party or is otherwise unlawful, that would give rise to civil
liability, or that constitutes or encourages conduct that could
constitute a criminal offense, under any applicable law or
regulation. Although WORLDCHAMBERS.com is not responsible for
any such communications, WORLDCHAMBERS.com may delete any such
communications of which WORLDCHAMBERS.com becomes aware, at
any time without notice to you.
RIGHT TO USE.
Subject to the terms and conditions of this agreement, WORLDCHAMBERS.com
grants you only the right to use the Services, in accordance
with this agreement. You receive no rights to, modify, or
reproduce, the Services or any associated software.
COPYRIGHT.
WORLDCHAMBERS.com and/or its suppliers, as applicable, retain
ownership of all proprietary rights notices and marks in, or
displayed by, the Services. You will not remove, deface or
obscure any of WORLDCHAMBERS.com's or its suppliers' copyright
or trademark notices and/or legends or other proprietary notices
on, incorporated therein, or associated with the Services.
TERMINATION.
You may terminate this agreement at any time by providing
written notice to WORLDCHAMBERS.com. If you fail to comply
with any term of this agreement, WORLDCHAMBERS.com may
terminate this agreement without notice. All Sections, except
RIGHT TO USE shall survive any termination of this agreement.
Upon any termination of this agreement, you must cease any
further use of the Services and destroy any copies of associated
software within your possession and control.
INJUNCTIVE RELIEF.
You hereby acknowledge that any use of the Services contrary to
this agreement, sublicensing (other than as afforded by specific
licensing agreements offered by WORLDCHAMBERS.com and accepted
by you) or any transfer, copying or disclosure of technical
information or materials related to the Services, may cause
irreparable injury to WORLDCHAMBERS.com, its affiliates,
suppliers and any other party authorized by WORLDCHAMBERS.com
to resell, distribute, or promote the Services
("resellers"), and under such circumstances WORLDCHAMBERS.com,
its affiliates, suppliers and resellers will be entitled to
equitable relief, without posting bond or other security,
including, but not limited to, preliminary and permanent
injunctive relief.
NO WARRANTIES.
YOU (entity or
Individual) AGREE THAT THE SERVICES ARE PROVIDED "AS
IS" AND WORLDCHAMBERS.com, ITS AFFILIATES, SUPPLIERS AND
RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. WORLDCHAMBERS.com, ITS AFFILIATES, SUPPLIERS
AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES,
REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY
TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THAT THE
SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR
SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN
DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. You
(entity or individual) agree to indemnify, defend and hold
harmless WORLDCHAMBERS.com, its affiliates, officers,
directors, employees, consultants, agents, suppliers and
Resellers from any and all third party claims, liability,
damages and/or costs (including, but not limited to, attorneys
fees) arising from your use of the Services, your violation of
this Agreement or the infringement or violation by you or any
other user of your account, of any intellectual property or
other right of any person or entity. Without limiting the
foregoing, the Services are not designed or licensed for use in
hazardous environments requiring fail-safe controls, including
without limitation operation of nuclear facilities, aircraft
navigation/communication systems, air traffic control, and life
support or weapons systems. Without limiting the generality of
the foregoing, WORLDCHAMBERS.com, its affiliates, suppliers
and Resellers specifically disclaim any express or implied
warranty of fitness for such purposes.
LIMITATION OF
LIABILITY.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WORLDCHAMBERS.com
OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR
THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER
SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE)
CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF WORLDCHAMBERS.com,
ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, WORLDCHAMBERS.com'S,
ITS AFFILIATES’, SUPPLIERS’ AND RESELLERS’ MAXIMUM
CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS
ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO
THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY).
Because some jurisdictions do not allow the exclusion or
limitation of liability, the above limitation may not apply to
you.
Choice
of Law and Forum.
This agreement
shall be governed by and construed under the laws of the
province of British Columbia, Canada, exclusive of its choice of
law principles. The parties consent to the exclusive
jurisdiction and venue of the courts located in and serving
Pairs, France.
Waiver
and Severability.
Failure by either party to exercise any of its rights under, or
to enforce any provision of, this agreement will not be deemed a
waiver or forfeiture of such rights or ability to enforce such
provision. If any provision of this agreement is held by a court
of competent jurisdiction to be illegal, invalid or
unenforceable, that provision will be amended to achieve as
nearly as possible the same economic effect of the original
provision and the remainder of this agreement will remain in
full force and effect.
General.
This agreement embodies the entire understanding and agreement
between the parties respecting the subject matter of this
Agreement and supersedes any and all prior understandings and
agreements between the parties respecting such subject matter. WORLDCHAMBERS.com may change the terms of this Agreement at
any time by posting modified terms on its website. This
Agreement has been prepared in the English Language and such
version shall be controlling in all respects and any non-English
version of this Agreement is solely for accommodation purposes.
All notices or other correspondence to WORLDCHAMBERS.com under
this Agreement must be sent to the address provided in Section 7
above, or other address as provided by WORLDCHAMBERS.com for
such purpose. Any and all rights and remedies of WORLDCHAMBERS.com
upon your breach or other default under this Agreement will be
deemed cumulative and not exclusive of any other right or remedy
conferred by this Agreement or by law or equity on WORLDCHAMBERS.com,
and the exercise of any one remedy will not preclude the
exercise of any other. The captions and headings appearing in
this Agreement are for reference only and will not be considered
in construing this Agreement.
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