Welcome to TUSTINHANGARHALF.COM. website for the Tustin Hangar Half and 5K. the Tustin Chamber of Commerce, a California non-profit corporation and/or its affiliates and/or sponsors (“the Chamber”) provide website features and other products and services to you when you visit or shop at TUSTINHANGARHALF.COM (the “Website”). You may use or purchase products or services from the Chamber, use Chamber applications, or use software provided by the Chamber in connection with any of the foregoing (collectively, “Chamber Services and Products”). The Chamber provides the Chamber Services and Products subject to the following terms and conditions:
Please read them carefully.
In order to use Chamber Services and Products, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access.
You must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
In addition, you must: (a) provide true, accurate, current and complete information about yourself as prompted by the Websites or the Chamber Services and Products’ registration form and/or payment authorization form and (b) maintain and promptly update such registration and payment authorization information to keep it true, accurate, current and complete.
The Chamber offers a wide range of Chamber Services and Products, so additional terms may apply. When you use Chamber Services and Products you also will be subject to the guidelines, terms and agreements applicable to Chamber Services and Products (hereinafter referred to as “Chamber Services and Products Terms”). If these Conditions of Use are inconsistent with the of Chamber Services and Products Terms, those Chamber Services and Products Terms will supersede or control.
The Chamber provides Chamber Services and Products to you subject to the following Conditions of Use, which may be updated by the Chamber from time to time without prior notice to you. Unless explicitly stated otherwise, any new features that augment, change or enhance the Website or the Chamber Services and Products, including the release of new Chamber Services and Products by the Chamber or third party providers (“Providers”), shall be subject to these Conditions of Use.
You can review the most current version of the Conditions of Use at any time, to which you will be subject from the date of their publication on TUSTINHANGARHALF.COM (the “Website”). In addition, when using particular components of Chamber Services and Products, you and the Chamber will be subject to any applicable guidelines or rules that may be posted on the Website from time to time. All such guidelines or rules are hereby incorporated by reference into these Conditions of Use.
By accessing, browsing, and/or using the Website or the Chamber Services and Products, you acknowledge and represent that you have read and understood these Conditions of Use and that you and your company (if applicable) agree to be bound by the Conditions of Use and comply with all applicable laws and regulations, including those of the United States.
You understand and agree that the Website and the Chamber Services and Products are provided “AS-IS” and that the Chamber assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, data or personalization settings, even if it is claimed that the Chamber , its officers, directors, agents, employees or business partners (which can include Providers, suppliers, sponsors and others) were solely or partially negligent in connection with respect to the timeliness, deletion, mis-delivery or failure to store any user communications, data or personalization settings.
Agreement to Pay Fees (Only If Applicable)
You agree to pay all subscription, service and use fees, if any, that the Chamber charges you for use of the Website. Such fees will be posted on the Website and may be changed by the Chamber at any time and from time to time. You agree to pay all costs (including attorneys’ fees and court or arbitration costs), if any, incurred by the Chamber in collecting unpaid or overdue fees from you, and to pay a finance charge on any overdue fees at a rate equal to the lesser of 1.5% per month or the maximum allowed under applicable law. You also agree to pay all foreign, federal, state and local taxes applicable to your access, use or receipt of the Website or the Chamber Services and Products. The Chamber may, at its option, include such taxes in the fees charged to you, in which event you shall pay such taxes to the Chamber.
The Chamber respects your privacy. We realize that your concerns about privacy and the secure transfer, storage, and use of personal information have increased with the growth of online services. That’s why the Chamber maintains strict privacy policies and uses state-of-the-art technologies to safeguard visitor information.
What kind of information do we collect? When you visit TUSTINHANGARHALF.COM (the “Website”), the Chamber is only likely to record non-personal statistical information collected in the aggregate. This is anonymous information on subjects such as: how many visitors come to the Website, how visitors navigate through the Website, which browsers visitors use to visit the Website, etc. If you want to provide the Chamber personal information beyond the foregoing, you will need to send us an email: see “Contact Us.”
Even thereafter, the Chamber will not respond unless you request that we do so; and the Chamber will not send you emails after our initial correspondence unless you specifically request that we do so. The Chamber hates unsolicited email as much as you do.
The Chamber does not sell or trade user information. The Chamber will not sell or trade your personal information to any third party, absent documented authorization from you.
Children. The Chamber does not seek to collect personal information from children under eighteen (18) years of age. The Chamber does not believe the Chamber has any content on the Website that would be considered harmful to children and certainly do not restrict children from visiting the Website. You also do not have to worry that the Chamber will try to contact your children later if they come to the Website unless they have requested that The Chamber contact them, and have misrepresented that they are adults. Once the Chamber determines that the Chamber is dealing with someone less than eighteen years of age, the Chamber will cease any further contact with the child unless and until the child’s parents provide documented authorization that the Chamber may contact the child directly. The Chamber does not foresee these circumstances arising very often – but wishes to take every precaution to ensure that The Chamber is not contacting or communicating with children under eighteen (18) years of age without their parents’ express documented authorization. You agree that you will not allow any of your children under the age of eighteen (18) years of age to register for any Chamber race or purchase and Chamber Products or Services.
Linked Web Sites. The Website contains links to various other Websites. Please be aware that these other sites may have terms, conditions and privacy policies that differ from the Chamber’s. The Chamber is in no way responsible for either the content that appears on linked sites, or your privacy once you have linked to other sites.
Privacy of Information. You acknowledge that the Chamber may receive certain personal, private and/or confidential information in connection with your use of the Website; and that absent your express written authorization, the Chamber will not rent, sell or otherwise make available to any third party for any reason any of this information that personally identifies you or any Chamber account for you, other than to provide the Website services or to comply with applicable laws or regulations, including governmental agency or court orders.
When you use Chamber Services and Products, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You expressly agree and consent to receiving communications from us electronically. The Chamber will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this site or by The Chamber through other company that provide such services for The Chamber. You agree that all agreements, notices, disclosures, and other communications that the Chamber provides to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through Chamber Services and Products, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the Chamber, or its content, service or product suppliers and that these are all protected by United States and international copyright laws. The compilation of all content included in or made available through Chamber Services and Products is also the exclusive property of the Chamber and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through of Chamber Services and Products are trademarks or trade dress of the Chamber in the U.S. and other countries. The Chamber ‘s trademarks and trade dress may not be used in connection with any product or service that is not the Chamber ‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Chamber or its business partners. All other trademarks not owned by the Chamber that appear in any Chamber Services and Products are the property of their respective owners, who may or may not be affiliated with, connected to, or partnering with the Chamber.
One or more patents owned by the Chamber apply to the Chamber Services and Products and to the features and services accessible via the Chamber Services and Products. Portions of the Chamber Services and Products may operate under a license granted under on, or even multiple patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, the Chamber or its content providers will grant you a limited, non-exclusive, non-transferable, non-assignable license (that you cannot sub-license) to access and make personal and non-commercial use of Chamber Services or Products.
The license that the Chamber grants you does not include any resale or commercial use of any Chamber Services or Products, or their contents; any collection and use of any service or product listings, descriptions, or prices; any derivative use of any Chamber Services or Products or their contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by the Chamber and/or its licensors, suppliers, publishers, content providers.
No Chamber Services or Products, nor any part of any Chamber Services or Products, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Chamber. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Chamber or its and/or its licensors, suppliers, publishers, content providers without express written consent signed by the holder of the applicable right or rights. You may not use any meta tags or any other “hidden text” utilizing the Chamber’s Services and Products’ name or trademarks, or those of the Chamber’s business partners, without the express written consent of the Chamber. You may not misuse the Chamber name or trademarks of the Chamber or Chamber Services and Products. You may use the Chamber Services and Products only as permitted by law. The licenses granted by the Chamber immediately terminate if you do not comply with these Conditions of Use or any terms and conditions.
YOUR ACCOUNT (If Applicable)
If you use Chamber Services and Products, you are responsible for maintaining the confidentiality of your account and password (if applicable) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Chamber and/or its suppliers may sell products or services that could arguably be used by or come into the possession of children. However, the Chamber and/or its suppliers only sell products to adults, who can purchase with a credit card or other permitted payment method.
If you are under the age of eighteen (18), you may use the Chamber Services and Products only with the direct involvement and express written consent of a parent or guardian. The Chamber reserves the right to refuse service to anyone, terminate any accounts, remove or edit any content, or cancel any orders, within the Chamber ’s sole and unfettered discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors to TUSTINHANGARHALF.COM may be able to post articles, reviews, comments, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages.
You may not use a false e-mail address; impersonate any person or entity (including children impersonating adults); or otherwise mislead us as to the origin of your identity, or email address, credit card information, or any other content. The Chamber reserves the right (but not the obligation) to remove or edit such content, but The Chamber also does not regularly review posted content.
If you do post content or submit material, and unless the Chamber indicates otherwise, you grant the Chamber a nonexclusive, royalty-free, perpetual, irrevocable, and fully assignable (by sub-license or otherwise) right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You also grant the Chamber and any of its sub-licensees the right to use the name that you submit in connection with such content, if the Chamber or any-sub-licensee may choose to use it. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Chamber for all claims resulting from content you supply, even if it is also claimed that the Chamber, its officers, directors, agents or employees or any of the Chambers’ business partners were partially or solely negligent in connection with the content.
The Chamber has the right but not the obligation to monitor and edit or remove any activity or content. You expressly agree that the Chamber is not responsible and assumes no liability for any content posted by you or any third party, even if it is also claimed that the Chamber, its officers, directors, agents or employees or any of the Chambers’ business partners were partially or solely negligent in connection with the content.
General Practices Regarding Use and Storage
You acknowledge that the Chamber may establish general practices and limits concerning use of Chamber Services and Products, including without limitation the maximum number of days that messages or other uploaded content will be retained by the Chamber , the maximum number of messages that may be sent from or received by an account on the Chamber ’s website, TUSTINHANGARHALF.COM (the “Website”), the maximum size of any message that may be sent from or received by an account on the Website; the maximum disk space that will be allotted on the Chamber ‘s servers on your behalf, the maximum number of times (and the maximum duration for which) you may access the Website in a given period of time, the maximum time during which your use of your Website account may remain inactive and the price you are asked to pay to use the Website. You agree that the Chamber has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Website or the Chamber ’s servers. You acknowledge that the Chamber reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the Chamber reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Availability and Modifications to the website
The Chamber will use commercially reasonable efforts to ensure that the services that The Chamber offers at the Website are available for your use; however, neither the Chamber or any of its service providers make any guarantee that the Website, or any services at the Website, will be available 24 hours per day, 7 days a week, or that the Website, or any services at the Website will be error-free. Errors include but are not limited to site interruption, server downtime, errors in coding, and product malfunction.
You agree that the Chamber, in its sole and unfettered discretion, may terminate your password, account identification or password or use of the Website, and remove and discard any data stored within the Service, for any reason, including, without limitation, for lack of use or if the Chamber believes that you have violated or acted inconsistently with the letter or spirit of the Conditions of Use or any terms and conditions. You agree that any termination of your access to the Conditions of Use (or any portion thereof) under any provision of the Conditions of Use may be effected without prior notice by the Chamber, and acknowledge and agree that the Chamber may immediately deactivate or delete your account (if any) and all related information and files in your account and/or bar any further access to such files or the Website. Further, you expressly agree that the Chamber and/or its affiliates, officers, agents, employees and the Chamber’s business partners shall not be liable to you or any third-party for any termination of your access to the Website. You also expressly agree that the Chamber and/or its affiliates, officers, agents, employees and the Chamber’s business partners shall have no obligation following any termination of use or access.
Dealings with Advisors and Providers
Your correspondence or business dealings with, or participation in promotions of, advertisers or Providers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers, sponsors, partners or Providers. You agree that Chamber and/or its affiliates, officers, agents, employees and the Chamber’s business partners shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or Providers on the Website, even if it is claimed that Chamber and/or its affiliates, officers, agents, employees and the Chamber’s business partners were partially or solely negligent in connection with such dealings.
The Chamber respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact The Chamber ’s copyright agent (see below) in writing so that the Chamber can investigate your claim and if justified, take the appropriate action.
PRODUCTS OFFERED BY THIRD PARTY PROVIDERS
Unless expressly stated otherwise, when you place an order for a product on the Website, the Chamber is not actually providing a product to you, but connecting you to third-party vendors selected by you or by the Chamber in its discretion (“Providers”). The Providers will maintain responsibility for the shipping and billing (including returns and credits) processes associated with your order. You expressly acknowledge and agree that the Chamber does not manufacture or design any of the Products provided by the Providers.
RISK OF LOSS
Unless expressly stated otherwise, all items purchased from the Chamber are made pursuant to a shipment contract with a third party – not the Chamber. This means that the risk of loss and title for such items pass to you upon one of the Chamber ’s suppliers or partners delivering any product purchased to their carrier. You agree that the Chamber cannot be held responsible and assumes no liability for any product that the Chamber or one of the Providers, or any other supplier, delivers to a carrier, even if it is also claimed that the Chamber, its officers, directors, agents, employees or business partners were partially or solely negligent with respect to the care, custody, transport or control of a product.
The Chamber acting on behalf of the applicable Provider(s) or the Providers themselves may invoice you or charge your credit card for your order for Chamber Services and Products, or at the point of shipment of any Chamber Services and Products.
Currency and Taxes
Unless expressly otherwise stated in writing, any prices on the Website are quoted in U.S. dollars. You agree to pay any taxes, fees, or charges imposed on any purchase or shipment of any Chamber Services and Products.
Unless expressly otherwise stated, no orders for purchase or shipment of any Chamber Services and Products will be binding on the Chamber.
All sales are shipped F.O.B. place of shipment unless otherwise noted. Products will be shipped via carriers designated by the Providers. The method of shipment will be determined from information provided by you during the order process. You will be responsible for paying any shipping and freight, insurance, and other shipment charges for Products that are shipped. You expressly agree that the Chamber will not be liable for loss, damage, or penalty resulting from delivery delays or delivery failures, even if it is claimed that the Chamber, its officers, directors, agents or employees or business partners were partially or solely negligent in connection with the alleged delivery delays or delivery failures.
Order changes, cancellations, returns and refunds.
All order changes, cancellations, returns, or refunds are governed by the Provider’s policies, and you agree to pay additional shipment costs or restocking charges imposed by the Provider. Orders may be changed by canceling the unwanted order by contacting The Chamber (or the Provider(s) directly). If you contact The Chamber, The Chamber will forward your request to the Provider(s), and then you can place a new order through the Website. Your order change or cancellation will be processed if the order has not been shipped from the Provider(s). If you have questions about order changes, cancellations, and refunds, contact The Chamber or the Provider(s).
Title to Products
Unless expressly otherwise stated, title to the Products will pass directly from any Provider to you upon shipment. The Chamber will not take title to any Chamber Services or Products provided by a Provider.
purchased service and Product Warranties.
Chamber Services or Products purchased through the Web Site from a Provider will be subject to the Provider’s standard warranty. You agree to deal directly with the Provider regarding warranty issues. The Chamber disclaims all warranties related to any Chamber Services or Products provided by a Provider.
The Chamber only manages the ordering process for Chamber Services or Products. The Chamber has no control over the quality or safety of the Chamber Services and Products listed on the Website or the ability of the Providers to sell the Products Chamber Services and Products listed on the Website.
You expressly agree to release the Chamber, and its officers, directors, employees, agents and successors from any actions, claims, demands, damages, liabilities or suits of any nature in law or in equity arising from or in connection with the Chamber Services and Products listed by Provider(s) on the Website, or your use of the Chamber Services and Products listed on the Website, or your use of the Website. (See Disclaimers and Limitation of Liability below.)
The Chamber attempts to be as accurate as possible. However, The Chamber does not represent or warrant that service or product descriptions by Providers, or other content of any Chamber Services or Products is accurate, complete, reliable, current, or error-free. If a service or product offered by The Chamber and is not as described, you expressly agree that your sole remedy is to return the product to the Provider(s) in unused condition.
Except where noted otherwise, the price displayed for any Chamber Services or Products represents the full retail Price listed on the service or product itself, suggested by the Provider(s), or estimated by the Provider(s) in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Price may be a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of the Provider(s), the Price may also be provided by the Provider(s).
With respect to any services or products that may be sold by the Chamber directly, The Chamber cannot confirm the Price of any services or products until you order. Despite the Chamber ’s best efforts, a small number of the services or products on the Website may be mispriced. If the correct Price of a service or product sold by the Chamber directly is higher than the stated Price, the Chamber will, at the Chamber ’s discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that the Chamber ’s Provider(s) may follow different policies in the event of a mispriced service or product.
The Chamber generally will not charge your credit card until after your order has entered the shipping process or, for digital products, until a Provider makes the digital product available to you.
SERVICE OR PRODUCT USE
You expressly agree that you will test and use all of the Chamber Services or Products provided according to reasonable practices and in strict compliance with all applicable laws and regulations. You agree to use all of the Chamber Services or Products provided as they are intended to be used. Certain of the Chamber Services or Products provided may contain materials that may be hazardous or harmful if misused. You recognize and acknowledge that The Chamber does not test any of the Chamber Services or Products provided by Providers for safety and efficacy.
You expressly agree that you have the responsibility to understand the hazards involved in using all Chamber Services or Products.
You expressly agree that it is your duty to warn your family and employees of any risks involved in using or handling any Chamber Services or Products provided and you agree to comply with instructions for service or product use furnished by The Chamber and/or a Provider.
You expressly agree that it is your duty to warn your family and your employees of any risks involved in using or handling any Chamber Services or Products and you will comply with instructions for service or product use furnished by The Chamber or any Provider.
You expressly agree to indemnify and hold harmless the Chamber , its officers, directors, employees, agents, successors, and assigns from and against any suits, losses, claims, demands, liabilities, costs, and expenses (including attorney fees) that they may sustain or incur as a result of any claim against them based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by you, your customers, auxiliary personnel (such as freight handlers), or by other third parties arising out of, directly or indirectly, the use of the Website or any Chamber Services or Products, regardless whether such Products are provided by the Chamber or any Providers, even if it is claimed or alleged that the Chamber , its officers, directors, agents, employees or business partners were partially or solely negligent in connection with the use of any Chamber Services or Products.
Third Party Services AND PRODUCTS OFFER Through TUSTINHANGARHALF.COM
The Chamber may provide you with promotional information via e-mail regarding services or products offered by The Chamber or by third parties. You may opt out of receiving third-party promotions by contacting the Chamber.
The Chamber may make third-party services or products available to you. However, The Chamber does and will not act as an agent or broker on behalf of Providers that offer services or products through TUSTINHANGARHALF.COM. The Chamber does and will not negotiate individual contracts, purchases, or sales for you on behalf of Providers. The Chamber may negotiate with Providers for the collective benefit of the Chamber ’s visitors or customers. However, The Chamber ‘s efforts in this regard are only intended to benefit visitors or customers by providing discounted services and products. Any services or products offered through Providers, are intended solely to facilitate services or products for the collective benefit of the Chamber ’s visitors or customers.
Unless expressly otherwise stated, you agree that you shall, through the Website, contract directly with Providers to obtain these Provider services or products. Payment shall be made directly to the Providers providing those services or products in accordance with the customer’s agreement with the Providers, or through Clarify for the benefit of the customer and/or the Provider.
The Chamber makes no representations on behalf of any Providers, nor is The Chamber responsible for the statements, actions, or omissions of any Providers, even if it is claimed that The Chamber its officers, directors, agents or employees were partially or solely negligent in connection with any such statements, actions or omissions.
Inclusion of any Provider service or product on the Website is not an endorsement of that service or product. The Chamber encourages any customer electing to use such services or products to review the terms of the agreements with those Providers. If you are not satisfied with the services or products provided by any Provider, you must contact the any Provider directly, but you may also contact The Chamber as well.
When you use apps created by The Chamber, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
THE CHAMBER SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that The Chamber may make available to you from time to time for your use in connection with Chamber Services and Products (the “The Chamber Software”).
Parties other than the Chamber operate stores, provide services, or sell product lines through the Chamber TUSTINHANGARHALF.COM (the “Website”). In addition, the Chamber provides links to the sites of affiliated companies and certain other businesses. You agree that the Chamber is not responsible for examining or evaluating these links or websites, and agree that the Chamber does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. You agree that the Chamber does not assume any responsibility or liability for the actions, products, and contents of all these and any other third parties, even if it is claimed that the Chamber its officers, directors, agents, employees or business partners were solely or partially negligent in connection with such actions, products or contents of third parties. Carefully review the privacy statements and other conditions of use of third parties, including Providers, that you encounter on the Website.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE AND ALL CHAMBER SERVICES AND PRODUCTS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY THE CHAMBER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN A WRITING SIGNED BY THE CHAMBER ’S CHAIRMAN OF THE BOARD. THE CHAMBER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR ANY CHAMBER SERVICES AND PRODUCTS, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WEBSITE, UNLESS OTHERWISE SPECIFIED IN A WRITING SIGNED BY THE CHAMBER ’S CHAIRMAN OF THE BOARD. YOU EXPRESSLY AGREE THAT YOU WILL AND ARE USING ALL CHAMBER SERVICES AND PRODUCTS AND THE WEBSITE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CHAMBER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE CHAMBER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CHAMBER SERVICES AND PRODUCTS, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR ANY THE CHAMBER SERVERS, OR THAT ANY ELECTRONIC COMMUNICATIONS SENT FROM THE CHAMBER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT THE CHAMBER AND ITS BUSINESS PARTNERS — the CITY OF TUSTIN, THE Chamber AND THEIR officers, directors, employeeS AND agents; THE LEGACY AT THE DISTRICT, THE MARKET PLACE, OLD TOWN TUSTIN AND THEIR officers, directors, employeeS AND agents; AND THE CHAMBER’S SPONSORS AND PARTNERS AND THEIR officers, directors, employeeS AND agents (“the RELEASED Parties”) — WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, ANY CHAMBER Services and Products, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR CHAMBER SERVICES AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. YOUR SOLE REMEDY AND THE CHAMBER ’S SOLE OBLIGATION IN CONNECTION WITH ANY PERFORMANCE DEFICIENCY OF OR BY THE WEBSITE SHALL BE TO RE-PERFORM THE AFFECTED TRANSACTION OR INQUIRY WITHIN A REASONABLE TIME AT OUR EXPENSE.
YOU EXPRESSLY AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AND WILL BE DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, EVEN IF IT IS CLAIMED THAT THE RELEASED PARTIES WERE PARTIALLY OR SOLELY NEGLIGENT IN CONNECTION WITH SUCH MATERIAL OR THE PROVISION OF ANY SERVICE CONNECTED WITH SUCH MATERIAL.
YOU EXPRESSLY AGREE THAT THE SECURITY MECHANISMS IMPLEMENTED BY THE RELEASED PARTIES MAY HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE FOR YOURSELF WHETHER THE SECURITY AND PERFORMANCE OF THE SERVICE SUFFICIENTLY MEET YOUR REQUIREMENTS.
YOU EXPRESSLY AGREE THAT RELEASED PARTIES ARE NOT RESPONSIBLE FOR YOUR DATA WHETHER RESIDING ON THE CHAMBER ’S SERVERS, YOUR SERVERS, OR ANY THIRD PARTY’S SERVERS, EVEN IF IT IS CLAIMED THAT THE RELEASED PARTIES WERE PARTIALLY OR SOLELY NEGLIGENT IN CONNECTION WITH YOUR DATA.
You expressly agree that even if all other disclaimers of liability are deemed void or inapplicable, the RELEASED PARTIES WILL NOT BE HELD LIABLE under any theory of liability (whether in contract, tort, strict liability, or otherwise) FOR ANY DAMAGE, INJURY OR DEATH ARISING OUT OF OR RELATING IN ANY WAY FROM THE USE OF THE WEBSITE, CHAMBER SERVICES OR PRODUCTS, INCLUDING BUT NOT LIMITED TO PARTICIPATION IN ANY WAY WITH THE TUSTIN HANGAR HALF MARATHON OR 5K, OR ANY ACTIVITIES OCCURRING PRIOR TO, DURING OR AFTER SUCH EVENTS, FOR AN AMOUNT THAT exceedS $1,000, regardless of whether the RELEASED parties have been advised of the possibility of such damages.
DISPUTE RESOLUTION BY MEANS OF BINDING ARBITRATION
You express agree that any dispute or claim arising out of or relating in any way to your use of Chamber Services and Products, or to any products or services sold or distributed by the Chamber or the Providers, or throughTUSTINHANGARHALF.COM will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court in Orange County, California, if your claims qualify. The Federal Arbitration Act, federal arbitration law and California law apply to this arbitration agreement (the “Agreement”). See Applicable Law below.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use and this Agreement, just as a court would.
To begin an arbitration proceeding, you must send a registered letter, return receipt requested, requesting arbitration and describing your claim to The Chamber ’s registered agent:
Mark D. Holmes, Esq.Law Offices of Mark D. Holmes, APC2875 Michelle Drive, Suite 160Phone: (949) 645-0450Fax: (949) 645-0451
You expressly agree that with the exception of ex parte or injunctive relief, any controversy or claim arising out of or relating to your use of the Website or Chamber Services and Products, or any products or services sold or distributed by the Chamber or through TUSTINHANGARHALF.COM, shall be settled in Orange County, California by binding arbitration, in accordance the Arbitration Rules then obtaining, of the American Arbitration Association (“AAA”).
You express waive your right to discovery, jury trial and appeal except as provided in this Agreement or AAA Arbitration Rules.
This Agreement shall be enforceable and judgment upon any award rendered by the arbitrator(s) may be entered in any Orange County, California court having jurisdiction.
The losing party has right of appeal to all courts of competent jurisdiction as to all arbitral decisions on the ground that the arbitral award disregarded the relevant substantive law and/or admissible evidence.
If for any reason a claim proceeds in court rather than in binding arbitration, The Chamber and you waive any right to a jury trial.
The Chamber and you also agree that you or the Chamber may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These arbitration provisions and the consumer arbitration provisions below shall survive the termination or expiration of this Agreement.
Special Rules for Consumers
If you are a consumer, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The Chamber will reimburse those fees for claims totaling less than $10,000 unless the Arbitrator determines the claims are frivolous.
The Chamber will not seek attorneys’ fees and costs from a consumer in arbitration unless the arbitrator determines the claims are frivolous. Consumers may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Orange County, California.
The Chamber and you, the consumer, agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
If for any reason a claim proceeds in court rather than in arbitration the Chamber and you waive any right to a jury trial. The Chamber and you also agree that you or the Chamber may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using Chamber Services and Products, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any kind that might arise out of or relate to any issues between you and the Chamber with respect to your use of the Website or any Chamber Services and Products.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review the Chamber ’s other policies that may be posted on this site. These policies also govern your use of Chamber Services and Products. The Chamber reserves the right to make changes to the Chamber ’s site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition
THE CHAMBER ’S ADDRESS
Tustin Chamber of Commerce dbaTUSTINHANGARHALF.COM
700 West 1st Street, Suite 7
Tustin, CA 92780 Phone: 714-544-5341;
How to Serve a Subpoena
If you have a subpoena to serve on the Chamber, please note that the Chamber does not accept service via email or facsimile and if the subpoena is served by email or fax, The Chamber will not respond to the subpoena. All subpoenas must be properly served on TUSTINHANGARHALF.COM, preferably by mailing the subpoena to the Chamber ‘s registered agent:
Mark D. Holmes, Esq.Law Offices of Mark D. Holmes, APC2875 Michelle Drive, Suite 160Phone: (949) 645-0450Fax: (949) 645-0451
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; Kindle serial number for Kindle information (please note the Chamber does not have GPS location information); and IP address and complete time stamp for AWS information.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to our Copyright Agent (address below). The Chamber will respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Chamber ‘s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright AgentMark D. Holmes, Esq.Law Offices of Mark D. Holmes, APC2875 Michelle Drive, Suite 160Phone: (949) 645-0450Fax: (949) 645-0451
This procedure is exclusively for notifying The Chamber that your copyrighted material has been infringed.
Additional The Chamber Software Terms
- Use of the Chamber Software.You may use the Chamber Software solely for purposes of enabling you to use and enjoy the Chamber Services and Products as provided by the Chamber, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Chamber Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Chamber Software or otherwise assign any rights to the Chamber Software in whole or in part. You may not use the Chamber Software for any illegal purpose. The Chamber may cease providing any the Chamber Software and the Chamber may terminate your right to use any the Chamber Software at any time. Your rights to use the Chamber Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain the Chamber Software that are specifically identified in related documentation may apply to that the Chamber Software (or software incorporated with the Chamber Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in Chamber Services and Products is the property of the Chamber or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering.You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Chamber Software, whether in whole or in part, or create any derivative works from or of the Chamber Software.
- In order to keep the Chamber Software up-to-date, The Chamber may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users.You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Chamber Software. If you are a U.S. Government end user, The Chamber is licensing the Chamber Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights the Chamber grants you to the Chamber Software are the same as the rights the Chamber grants to all others under these Conditions of Use.