America's Virtual Chamber of Commerce & Industry (AVCCI)

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Terms of Use

Introduction

By visiting America’s Virtual Chamber of Commerce and Industry (“AVCCI”) in any format it is published online, or by visiting its website (collectively, the “Content”), you agree to all of these terms and conditions with Marvelous Workflows Corporation (“AVCCI”). If there are any terms and conditions to which you do not agree, do not visit the AVCCI Website (the “Website”).

Warranty Disclaimer

You agree that your use of the Content shall be at your sole risk. To the fullest extent permitted by law, AVCCI’s officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Content and your use thereof. AVCCI makes no warranties or representations about the accuracy or completeness of the Content or any third-party websites or information linked to or referenced by the Content and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of Content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Content, (c) any unauthorized access to or use of AVCCI’s secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or the cessation of transmission of Content (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Content by any third-party, and/or (f) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Content. AVCCI does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Content or any hyperlinked website or featured in any banner or other advertising, and AVCCI will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability 

In no event shall AVCCI, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) mistakes, or inaccuracies of the Content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Content, (c) any unauthorized access to or use of AVCCI’s secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or the cessation of transmission of Content, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Content by any third party, and/or (f) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content, whether based on warranty, contract, tort or any other legal theory, and whether or not AVCCI is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnity

You agree to defend, indemnify and hold harmless AVCCI, and its affiliates, subsidiaries, officers and directors, agents, employees and partners, and any parties with whom it may contract to provide its services, from and against any and all claims, actions, suits, costs, liabilities, judgments, obligations, losses, penalties, expenses or damages (including, without limitation, reasonable legal fees and expenses) of whatsoever kind and nature imposed on, incurred by or asserted against AVCCI, arising out of any breach or alleged breach by you of any representation, warranty, covenant or obligation pursuant to this Agreement.

Modification or Amendment of Agreement

The provisions of this Agreement may be waived, altered, amended, modified, or repealed, in whole or in part, only by AVCCI. Notice of any amendments and/or modifications shall be posted on the Website at least three days prior to their effective date. In the event that you do not consent to any such amendments and/or modifications, your sole recourse shall be to terminate this Agreement. Modifications/amendments of any portion of this Agreement shall not affect the validity and enforceability of the remaining provisions.

Digital Millennium Copyright Act 

AVCCI respects the intellectual property of others. If you believe that your copyrights have been infringed, please email [email protected].

Independent Contractors 

You and AVCCI are independent contractors and nothing herein shall be deemed to constitute a partnership between, or joint venture of, you and AVCCI or constitute either party the agent of the other. You shall not hold yourself out contrary to the terms of this paragraph, and AVCCI shall not become liable for any representation, act or omission by you contrary to the provisions of this Agreement.

Third-Party Sites

The Website contains links to third-party websites. AVCCI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve AVCCI or its agents of any and all liability arising from your use of any third-party websites linked to the Website. You understand that when using the Website, you will be exposed to content from a variety of sources, and that AVCCI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable and you agree to waive any legal or equitable rights or remedies you have or may have against AVCCI and agree to indemnify and hold AVCCI, its agents, owners/operators, affiliates and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Automated Systems

You agree not to use or launch any automated system that accesses the Content in a manner that sends more request messages to AVCCI’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; including but not limited to, robots, spiders or offline readers. However, AVCCI may grant operators of public search engines permission to use spiders to copy materials from the Content for the sole purpose of creating publicly available searchable indices of the Content.

Governing Law and Jurisdiction 

This Agreement and all questions respecting the negotiation, execution, construction, performance, interpretation, breach or enforcement of this Agreement, or the rights, obligations and liabilities of the parties hereto, shall be governed by the laws of the State of New York. The parties agree that any and all disputes, claims or litigation arising from or related in any way to this Agreement or the parties’ relationship hereunder shall be litigated only in a court of competent jurisdiction located in New York County, State of New York.