By accessing or using the ChamberLynk website, the ChamberLynk service, or any applications (including mobile applications) made available by ChamberLynk (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by eComStreet Corporation ("ChamberLynk"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
At times we may offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In such cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ChamberLynk WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You must be at least 13 years old to use the Service.
You will not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. We may make exceptions for business or people granting them express authority to create accounts on behalf of their employers or clients, besides those exceptions, ChamberLynk prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to ChamberLynk upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You will not solicit, collect or use the login credentials of other ChamberLynk users. You must keep your password secret and secure.
You must keep your password secret and secure.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You cannot use the Service for any illegal or unauthorized purpose. You must comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
Your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service is solely your responsibility.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or ChamberLynk.
You must not access ChamberLynk’s private API by means other than those permitted by ChamberLynk. You will not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any ChamberLynk users.
You must receive prior written consent from ChamberLynk to use domain names or web URLs in your username.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any ChamberLynk page is rendered or displayed in a user's browser or device.
You can only create accounts with Service through authorized means, and will not use items such an automated device, script, bot, spider, crawler or scraper.
You will not help or encourage others to violate these Terms of Use or any other ChamberLynk terms. Furthermore, you will not try to prevent another user from using or enjoying the Service.
You understand and agree that: 1) Violation of these Terms of Use may, in ChamberLynk's sole discretion, result in termination of your ChamberLynk account, 2) ChamberLynk cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for ChamberLynk, we may stop providing all or part of the Service to you.
ChamberLynk retains the right to modify or terminate the Service or your access to the Service for any reason, at any time, without any notice, and without liability to you. You can deactivate your ChamberLynk account by contacting your chamber administrator.
If we terminate your access to the Service or to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account, but those materials and data may remain and appear within the Service (e.g., such as when your content has been redistributed by other users).
All licenses and other rights granted to you in these Terms of Use will immediately cease upon termination for any reason.
We may, in our sole discretion, change these Terms of Use ("Updated Terms") from time to time. We will provide reasonable advance notice before the Updated Terms become effective, unless the change is for legal or administrative reasons. We may notify you of the Updated Terms by posting them on the Service, and your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. It is your responsibility to review these Terms of Use and any Updated Terms before using the Service.
The Updated Terms will be effective as of the time of posting, or such later date as may be specified, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
We may refuse access to the Service to anyone for any reason at any time.
We may force forfeiture of any username for any reason.
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
You, and you alone are responsible for your interaction with other users of the Service, whether online or offline. You agree that ChamberLynk is not responsible or liable for the conduct of any user. ChamberLynkmay, but has no obligation, to monitor or become involved in disputes between you and other users.
You should exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
Third-party web sites or features may be linked from the Service, or from communications you receive from the Service. There may also be links to third-party web sites or features in images or comments within the Service. We do not control, maintain, or endorse third-party content that may be included with the Service.The Service may also allow interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. Using such functionality typically requires you to login to your account on the third-party service and you do so at your own risk. ChamberLynk does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that ChamberLynk is in no way responsible or liable for any such third-party services or features. YOURCORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE EXCLUSIVELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (1) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (2) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the ChamberLynk Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service.
We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means.
ChamberLynk does not claim ownership of any Content that you post on or through the Service. However, you do hereby grant to ChamberLynk a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available at www.chamberlynk.com including but not limited to sections 3 ("Sharing of Your Information"), 4 ("How We Store Your Information"), and 5 ("Your Decisions About Your Information"). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.
The Service may be supported by advertising revenue and may display advertisements and promotions. ChamberLynk may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without notice to you. We may not always identify paid services, sponsored content, or commercial communications as such.
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
The Service contains content owned or licensed by ChamberLynk ("ChamberLynk Content"). ChamberLynk Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and ChamberLynk, ChamberLynk owns and retains all rights in the ChamberLynk Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the ChamberLynk Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the ChamberLynk Content.
The ChamberLynk name and logo are trademarks of ChamberLynk, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ChamberLynk. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of ChamberLynk, and may not be copied, imitated or used, in whole or in part, without prior written permission from ChamberLynk.
It is ChamberLynk's intention for the Service to be available as much as possible, however there will be occasions when the Service may be interrupted, including, without limiting, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, ChamberLynkretains the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by ChamberLynk, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, ChamberLynk encourages you to maintain your own backup of your Content. ChamberLynk is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. In no way will ChamberLynk will be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You acknowledge the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You agree that ChamberLynk is not responsible for, and does not endorse, Content posted within the Service. ChamberLynk does not have any obligation to prescreen, monitor, edit, or remove any Content. You bear legal responsibility for your Content whether or not it violates these Terms of Use.
Except as otherwise described in the ChamberLynk Privacy Policy, available at www.chamberlynk.comas between you and ChamberLynk, any Content will be non-confidential and non-proprietary and ChamberLynk will not be liable for any use or disclosure of Content. Your relationship with ChamberLynk is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place ChamberLynk in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of ChamberLynk, and ChamberLynk will in no way be liable for any use or disclosure of any Content you provide.
ChamberLynk does not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. ChamberLynk does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. Ifyou choose to send us content, information, ideas, suggestions, or other materials, you further agree that ChamberLynk is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
We respect other people's rights, and expect you to do the same.
Please report claims of intellectual property infringement to us.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
NOTE: Some jurisdiction limit or do not allow the disclaimer of implied or other warranties to the below disclaimer may not apply to you to the extent such jurisdictions laws are applicable to you and these Terms of Use. In the event, any disclaimer is held not applicable by law, you agree that it will be considered rewritten to the maximum extent allowed by law in such jurisdiction.
The Service and ChamberLynk Content is provided on an “As Is”, As Available, and “With All Faults” basis. Neither ChamberLynk, nor its Parent Company, if any, nor any of their employees, managers, officers, or agents (together the “ChamberLynk Parties”) make any representations, warranties, or endorsements of any kind, express or implied, as to: 1) The Service, 2) The ChamberLynk Content, 3) User Content, or 4) the security associated with the information to transmitted to, or received by ChamberLynk or via the Service. ChamberLynk Parties hereby disclaim all warranties, express or implied, including but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.
Further, ChamberLynk parties do not represent or warrant: 1) that the Service will be error-free or uninterrupted; 2) that defects will be corrected; or that the Service or the service that makes the Service available is free from any harmful components. The ChamberLynk Parties do not make any representations regarding the accuracy, completeness, or usefulness of information on the Service. Your use of the Service is solely at your own risk. ChamberLynk Parties do not warrant that your use of the Service is lawful in any particular jurisdictions, and specifically disclaim such warranties. By accessing or using the Service you represent and warrant that you are engaging in lawful activities in every jurisdiction where you access or use the Service.
The ChamberLynk Parties do not endorse any content and specifically disclaim any and all responsibility or liability to any person or entity from any loss, damage (actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character based on or resulting from any content.
ChamberLynk Parties will not be liable to you for any loss or damages of any kind (including but limiting direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages) that are directly or indirectly related to: 1) the Service, 2) the ChamberLynk Content, 3) User Content, 4) your use, or inability to use, or the performance of the Service, 5) any action taken in connection with an investigation by ChamberLynk parties or law enforcement authorities regarding your or any other party's use of the Service, 6) any action taken in connection with copyright or other intellectual property owners, 7) any errors of omission in the Service's operation, or 8) any damage to any user's computer, mobile device, or other equipment or technology used on accessing Service or ChamberLynk Content, including but not limiting damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operating or transmitting, computer line or network failure, or any other technical or other malfunction, even if foreseeable or even if the ChamberLynk Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability, or tort. ChamberLynk Parties, will not, in any event, be liable to you or anyone else for loss, damage or injury.
Some states limit or do not allow the disclaimer of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In no event will ChamberLynk Parties total liability to you for all damages, losses, or causes of action exceed $100 USD.
You agree that in the event you incur any damages, losses or injuries that arise out of ChamberLynk's acts or omission, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the ChamberLynk parties. You will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the ChamberLynk Parties.
By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such a waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state of territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
ChamberLynk is not responsible for the actions, content, information, or data of third parties, and you release all ChamberLynk Parties from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at ChamberLynk's request), indemnify and hold the ChamberLynk Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (1) your Content or your access to or use of the Service; (2) your breach or alleged breach of these Terms of Use; (3) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (4) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (5) any misrepresentation made by you. You will cooperate as fully required by ChamberLynk in the defense of any claim. ChamberLynk reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of ChamberLynk.
Except if you opt-out or for disputes relating to: (1) your or ChamberLynk's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and ChamberLynk (whether or not such dispute involves a third party) with regard to your relationship with ChamberLynk, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and ChamberLynk hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor ChamberLynk will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if ChamberLynk is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either ChamberLynk or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor ChamberLynk can require the other to participate in an arbitration proceeding. To opt out, you must notify ChamberLynk in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: 904 S. Roselle Road, # 341, Schaumburg, Illinois 60193.
You must include your name and residence address, the email address you use for your ChamberLynk account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with ChamberLynk.
You agree that any claim you may have arising out of or related to your relationship with ChamberLynk must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
These Terms of Use are governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with ChamberLynk exclusively in a state or federal court located in Chicago, Illinois, and to submit to the personal jurisdiction of the courts located in Cook County for the purpose of litigating all such disputes.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. ChamberLynk's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. ChamberLynk reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with ChamberLynk.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and ChamberLynk and governs your use of the Service, superseding any prior agreements between you and ChamberLynk. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of ChamberLynk. Any purported assignment or delegation by you without the appropriate prior written consent of ChamberLynk will be null and void. ChamberLynk may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ChamberLynk to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that ChamberLynk provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (1) into (or to a national or resident of) any country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The effective date of these Terms of Use is October 16, 2017. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.