Terms of Use

The Heartland Saint Louis Black Chamber of Commerce (“Us”, “Our,” “We” or “HSBCC”) provides the hbcstl.com site and various related services, including other media, devices or networks now existing or later developed (collectively, the “Site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this Site, users shall be subject to any posted rules or additional terms and conditions applicable to such services or materials in addition to those in these Terms of Use. All such guidelines, terms, conditions, or rules are hereby incorporated by reference into these Terms of Use.

BY ACCESSING AND USING THIS SITE, YOU AGREE TO ADHERE TO AND BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY AS WELL AS THE HSBCC’S PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF USE AND PRIVACY POLICY, YOU MUST IMMEDIATELY TERMINATE USE OF THE SITE.

These Terms of Use are effective as of January 1, 2019. We expressly reserve the right to change these Terms of Use at any time without notice. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. YOU ACKNOWLEDGE YOUR USE OF HBCSTL.COM FOLLOWING ANY MODIFICATION OF THE TERMS OF USE SHALL BE CONCLUSIVELY DEEMED TO BE YOUR ACCEPTANCE OF MODIFIED TERMS OF USE AND AGREEMENT TO ABIDE AND BE BOUND BY THE MODIFIED TERMS OF USE.

Finally, you acknowledge and agree that the information on the Site is made available for informational purpose only and is not legal, employment, tax, accounting, business formation, real estate registration, risk management, or other professional advice nor is it considered a substitute for such advice or counsel. Persons should not act upon information on this Site without seeking professional counsel, legal or otherwise.

Trademarks.

By accepting these Terms of Use, you agree that you will not use our copyrights or trademarks without our written permission. All trademarks, service marks, membership marks and logos appearing on hbcstl.com are the property of the HSBCC and all rights in those trademarks, service marks, membership marks and logos are reserved.

Copyright Infringement.

    1. Notice of Claimed Infringement. If you believe there has been an infringement of your copyrighted material by HSBCC or by a third party who has uploaded, posted, submitted or otherwise provided content on our Site, please provide the following information, in writing, to the HBCC-designated copyright agent listed below:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HSBCC to locate the material; d. Information reasonably sufficient to permit HSBCC to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted; e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HSBCC has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. § 512(c). If you believe your copyright material is being used on this Site without permission, please notify the designated agent at:

Apollo Carey, HSBCC Counsel
c/o Lewis Rice LLC
600 Washington Ave., 25th Floor
St. Louis, MO  63101
314-444-7788
acarey@lewisrice.com

  1. Counter Notification. If we removed your content for allegedly infringing someone else’s copyright or other intellectual property rights, we will take reasonable steps to notify you, and if you believe we removed it by mistake, we will provide you with an opportunity to respond, pursuant to 17 U.S.C. § 512(g).
  2. Repeat Infringers. HSBCC may terminate your access to the Site, in appropriate circumstances, upon infringement of third-party intellectual property rights. Appropriate circumstances may exist where:
  3. HSBCC has received three or more valid, effective and uncontested notices, pursuant to the requirements of 17 U.S.C. § 512(c), claiming infringement by you, within any five-year period; or b. You have been found by a court of competent jurisdiction to have infringed the copyrights of a third party on two or more occasions, and HSBCC receives actual notice of such findings.

Notwithstanding the above circumstances, HSBCC reserves the right to terminate accounts that act against the spirit of these Terms of Use, regardless of how many notices are received.

Advertisements.

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

 

1)     Unless expressly indicated to the contrary, the existence of advertisements on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by HBCC; and

 

2)     HSBCC is not responsible for the products and services of advertisers on the Site, nor is HSBCC responsible for the claims and representations made by an advertiser on the Site.

Accuracy of Content.

HSBCC takes reasonable steps to maintain the accuracy of and update the Content on the Site. However, HSBCC does not make any representations or warranties regarding the accuracy of the Content, nor does HSBCC make any commitment to update the Content. You agree that you bear all risks associated with, the use of the Site and the Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of any Content or other materials available through the Site Disclaimer of Warranties.

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPARABILITY, SECURITY, ACCURACY AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

NEITHER THE HEARTLAND ST. LOUIS BLACK CHAMBER OF COMMERCE, NOR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS REPRESENT, WARRANT, OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED, UPLOADED, DOWNLOADED, OR DISTRIBUTED THROUGH HBCSTL.COM ANY USER, OR ANY OTHER PERSONS OR ENTITY.

 

Limitation of Liability; Indemnification.

  1. Limitation of Liability. YOU AGREE THAT IN NO EVENT SHALL THE HBCC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND/OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RELIANCE ON THIS SITE OR FROM ANY INFORMATION OR CONTENT DISPLAYED, UPLOADED OR DOWNLOADED FROM THIS SITE.
  2. Indemnification. You will promptly indemnify, defend, and hold harmless the HBCC, its parents, affiliates, supplies, successors, and assigns, and all of their officers, directors, and employees and agents from and against any fine, penalty, loss, cost, damage, injury, expense or liability (including reasonable attorneys’, accountants’, and expert fees and disbursements) arising out of any claim made by you or a third-party relating to use or misuse of this Site.

Termination.

HSBCC reserves the right, in its sole discretion, to terminate a user’s access to the Site for any reason, including, but not limited to, a user’s breach of these Terms of Use.

General.

  1. Governing Law. You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to the Terms of Use or Stlrealtors.org in a state or federal court located in St. Louis County, Missouri. The laws of the State of Missouri will govern the Terms of Use, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in St. Louis County, Missouri for the purpose of litigating all such claims.
  2. Entire Agreement. These Terms of Use make up the entire agreement between the parties regarding hbcstl.com, and supersedes any prior agreements.
  3. Waiver & Severability. If any portion of these Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of the Terms of Use, it will not be considered a waiver. Any amendment to or waiver of the Terms of Use must be made in writing and signed by us.
  4. Ownership of Site. All right, title and interest in and to the Site and Content belong solely and exclusively to HSBCC and/or any third party owner of particular Content. The Site and the Content are protected by applicable federal, state, and local laws, including but not limited to copyright and trademark laws. All rights not expressly granted or addressed herein are expressly reserved by HSBCC.
  5. No Third-Party Beneficiaries. These Terms of Use do not confer any third-party beneficiary rights.
  6. Assignment or Transfer. You will not assign, transfer, or sublicense any of your rights or obligations under the Terms of Use to anyone else without our written consent. All of our rights and obligations under the Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  7. Headings. Any heading, caption or section title contained in these Terms of Use is included for reference purposes only and will not affect in any way the meaning or interpretation of these Terms of Use.