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Terms of Use |
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These terms are an Agreement (referred to henceforth as “Agreement”) which applies to the DigiCard Design Company (“DigiCard”), an Arizona business, and You, Your agents, heirs, assigns, and successors (“You”), and is applicable and effective as of the time and date of electronic execution. This Agreement delineates the terms and conditions of Your use of the Chandler.ChamberCommunity.com website (“Website”) and its services (“Services”) and explains DigiCard’s obligations to You, in addition to Your obligations to DigiCard.
This Agreement in addition to any other supplementary DigiCard policies, along with any modifications that may be made hereafter, form the exclusive and complete Agreement. This Agreement supplants all previous agreements, proposals, and/or communications. All DigiCard agreements and policies are specific to the use of DigiCard websites, and are incorporated herein that they be included within this Agreement by way of reference.
You acknowledge that You have read, understood, and agreed to be bound by all conditions and terms within this Agreement in addition to any modifications that may be made hereafter. Further, you agree to be bound to any other policies and agreements made part of this Agreement by reference, including any new, different, or additional terms, policies, and/or conditions which DigiCard may institute on occasion, and any agreements to which DigiCard is currently bound, or to which it may be bound in the future.
You acknowledge that you understand and agree that DigiCard is the sole operator of this Website, for commercial purposes, and that in consideration of your use of this Website, you agree that you are bound to the conditions and the terms herein with regards to your use of this Website. Furthermore, you agree to be bound as to any use and/or transactions that have been carried out on your behalf by anyone acting as Your agent or otherwise using your account no matter if the transactions were made on Your behalf or not.
You acknowledge that DigiCard’s acceptance of any request for information, princing, and/or DigiCard’s ratification of any sales contract or any other contract related to the use of this Website will take and/or will be considered to have taken place at the Phoenix, Arizona (USA) DigiCard location.
In addition to the previous terms and conditions, the following also apply to this Agreement: |
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Term of Agreement and Modification: You agree that DigiCard may alter this Agreement at any time, and that you will be bound by any and all of the changes that DigiCard may reasonably make hereafter. Should You conclude any sale, purchase, or other transaction with DigiCard, the terms and conditions of this Agreement shall continue in their entirety and full effect as long as You use and/or take advantage of the subject of the transaction. |
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Representations: You represent that you have supplied and will continue giving accurate and correct information to DigiCard, and understand that DigiCard has and will continue to rely materially upon each fact’s representation that you have and will make. This includes, but is not limited to Your representations regarding Your representative capacity, your ownership or claim thereof of any intellectual or other property rights. Should DigiCard request from You any information relating to transactions from your use of the Website, You agree to respond within 5 business days to any such request. |
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Privacy: DigiCard maintains a privacy policy which is applied by reference. It may be viewed at http://www.chambercommunity.com/privacy.php . |
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Unlawful and/or Improper Use of the Website: As a condition of Your use of the Website, you agree that you will not use any information you have obtained herein for purposes that will violate any laws, without limitation to laws with regards to trademark, copyright, spam, and other uses deemed inappropriate. You agree that You will not infringe upon any of the intellectual and other property rights of any other person. You agree to hold harmless and indemnify DigiCard for any harm that comes about as a result of Your improper and/or wrongful use of the Website. |
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DigiCard Intellectual and Other Property Rights: You agree that DigiCard holds all title, rights, and interest to the DigiCard name, and you acknowledge that you hold no rights to trademarks, patents, copyrights, service marks, and other proprietary rights and licenses that have been granted to You within this Agreement. |
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Payments and Collections: Aside from any other provisions with this Agreement, should DigiCard find it necessary to bring suit to collect any monies owed to DigiCard by You, you agree and submit to personal jurisdiction within the courts of Phoenix, Arizona, and agree that the laws of the state of Arizona will govern any of these claims.
Within a lawsuit between You and DigiCard, you waive the rights to a trial by jury, and waive the right to remove the matter to Federal Court or any other state court from the Phoenix, Arizona courts.
You also agree to pay for all actual attorney fees and costs related to the collection of monies owed by you to DigiCard, including all additional post-judgment costs and fees related to enforcing any judgment entered against you. |
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Your Representations and Warranties to DigiCard: You agree to this Agreement and warrant that You have the right, legal capacity, power, and appropriate authority to enter into this Agreement. You agree that You own and have not transferred to any other person or entity any of the rights, interests, and/or claims that are outlined in this Agreement. You warrant that you are 18 years of age or older, or that an agent of 18 years or older is entering into this Agreement on your behalf. You warrant that every action You make with regards to the Website and DigiCard are done in good faith and that you have no knowledge or any infringement or conflict with the legal rights of a third party or its name or trademark.
DigiCard specifically reserves the right to deny any transactions with any person if in DigiCard’s sole discretion, it finds that this transaction would be conflicting with any applicable government rules or requirements, laws, requests of law enforcement or dispute resolution processes, or in order to avoid any civil or criminal liability of DigiCard, as well as its employees, affiliates, subsidiaries, directors, and officers. |
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Limitation of Liability: DigiCard will not – under any circumstances – be held liable to you or any other person for incidental, consequential, indirect, exemplary, special, or punitive damages, including loss of profit or goodwill, for any reason, whether such liability is declared within a contract, tort, or breach of warranty (express or implied), or any breach of this agreement or its incorporated agreements and policies, even if DigiCard has been advised or the possibility of the occurrence of such damages. |
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Waiver: Should DigiCard fail to enforce any of the terms and/or conditions of this Agreement or its incorporated policies and/or agreements against You or others, this will not be interpreted as a waiver of the right of DigiCard to enforce such provisions thereafter. |
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Disclaimer: DigiCard does not intentionally infringe upon any copyrights or trademarks. |
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Binding Effect: This Agreement is binding to You. |
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