Website Terms of Use
Services provided by Ray Carle, Esq. (Adams & Reese, LLP)

The Birmingham Regional Chamber of Commerce (“BRCC”) operates YPNOW.ORG (the “Site”) to provide online access to information about young professional organizations (“YP”) in the Birmingham region, their products, services, and activities. The BRCC cannot guarantee the accuracy of information provided, published or promoted by organizations listed and linked on this site. By accessing and using the Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of the Site or to particular content or activities are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, the Site content and/future transactions. These Terms of Use, together with any applicable additional terms and conditions, are referred to as this or the “Agreement.” These Terms of Use set forth the terms and conditions which apply to the use by you of the Site. The right to use the Site and any associated services is personal to you and is not transferable to any other person or entity.

The BRCC reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.

1. Use of Site
You may use the Site and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your lawful, non-commercial, personal purposes, and/or to learn about BRCC and YP products and services. Except as otherwise expressly permitted under copyright law, you may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Site or any portion of it, nor copy, redistribute, publish, display or commercially exploit any material from the Site without the express permission of the BRCC and the copyright owner.

2. Links to Third-Party Websites
Links on the Site to third-party websites or information are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by the BRCC of the third party, the third-party web site, or the information contained therein. The BRCC is not responsible or liable for these third-party websites or their availability, nor does it endorse or is it responsible for the content, advertising, products, or other materials made available on or through such third-party websites. If you use the links to third-party websites, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites. Under no circumstances shall the BRCC be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on such third-party websites. You should direct any concerns to the third-party website’s administrator or webmaster.

3. Disclaimer for Use of the Site and Content Located on the Site
The BRCC is not responsible for technical, hardware, software, telephone communications, network, website, Internet, or ISP malfunctions, errors, or failures of any kind, or for any injury or damage to user’s or any other person’s computer, or any viruses or damages from other harmful code relating to or resulting from use of the Site or any Content located thereon. By using the Site, you agree to release the BRCC and its respective officers, directors, employees, agents, parent companies, affiliates, respective owners, and subsidiaries from liability of any kind or nature for any loss, claims, damages, or injuries of any kind associated with the use of the Site or any of the Content located thereon. Without limiting the foregoing, the BRCC shall have the right, but not the obligation, to remove any material that BRCC, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable, or stale. Notwithstanding this right of the BRCC, users shall remain solely responsible for their use of the Site and their use of any Content on the Site. All Content is provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this Agreement.

4. Linking to this Site
If you would like to link to the Site, you must follow the BRCC’s link guidelines as specified on this site.

5. Downloading Files

The BRCC cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. You agree to assume any and all risk associated with downloading files from the Site. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

6. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless YPNOW.ORG, and the BRCC from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of this Agreement.

7. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

8. Password Security
If you register to become a YPNOW.ORG member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

9. Termination
The BRCC shall have the right to immediately terminate this Agreement with respect to any user which the BRCC, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Section 6 shall survive the termination of this Agreement.

10. Monitoring.
The BRCC shall have the right, but not the obligation, to monitor the Content to determine compliance with this Agreement and any other operating rules that may be established by the BRCC from time to time. The BRCC shall have the right, in its sole discretion, to edit, refuse to post, or remove any material located or to be located on the Site.

11. Miscellaneous
This Agreement and any operating rules for BRCC Sites constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Alabama, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.