Terms & Conditions

BY ACCESSING AND USING THIS WEBSITE (THE “SITE”) AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS SITE, OR ANY PAGES THEREOF.

The Site is a service of the Black Economic Council of Massachusetts (“BECMA”). The information on the Site is for informational purposes only. The Site describes the nature of BECMA’s activities and provides informative materials aimed at educating visitors to the Site, members, donors and supporters (collectively “users”) subject to the conditions described below, on the Site. Such descriptions are provided only to assist users in understanding services, activities and meetings offered by BECMA and such descriptions do not replace or supersede the actual terms and conditions applicable to each such service, activity or meeting. The information on the Site is believed to be accurate, but BECMA does not warrant its completeness, timeliness or accuracy. Nothing contained herein is intended to, nor shall constitute legal, financial, or investment advice from BECMA.

COPYRIGHT © 2016 Black Economic Council of Massachusetts, Inc.

ALL RIGHTS RESERVED.

Copyright

Copyright in the pages, in the screens displaying the pages and in the information, materials general presentation (“look and feel”), and other content (hereinafter collectively referred to as “Content”) contained in this Site is owned by BECMA unless otherwise indicated, and is protected by U.S. and international copyright laws and treaties. The information, materials and other content of this Site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without the express written consent of BECMA. You may download one copy of the Content for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, and (iii) you do not use the materials in a manner that suggests an association with any of our services, activities, meetings, or brands. The use of any such material on any other website or computer environment is prohibited. Any unauthorized use, reproduction, display, distribution or alteration of the protected material, including policies, will result in a violation of US and international copyright laws and is strictly prohibited. The posting of Content does not constitute a waiver of any of BECMA’s proprietary rights in or related to such Content (such as, but not limited to, patents, copyrights and trademarks) or a transfer of any such rights to users or any third-party.

BECMA DOES NOT REPRESENT NOR WARRANT THAT YOUR USE OF ANY CONTENT AT THE SITE WILL NOT INFRINGE ON RIGHTS OF THIRD PARTIES. ANY UNAUTHORIZED USE BY YOU OF THE IMAGES OF PEOPLE OR PLACES DISPLAYED ON THE SITE MAY ALSO VIOLATE THE LAWS OF PRIVACY AND PUBLICITY AND IS EXPRESSLY PROHIBITED.

Certain Content may be presented in a format employing encryption security or other technology designed to prevent the downloading of such Content. Anyone who defeats these security measures will be in violation of the Digital Millennium Copyright Act and may be subject to civil and/or criminal liability. See Pub. L. No. 105-304, 112 Stat. 2860 (1998).

BECMA and BECMA.org are registered and unregistered trademarks and service marks of BECMA. BECMA also claim rights in certain other trademarks and service marks contained in these web pages, and all goodwill related thereto. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners. Your use of these trademarks and service marks without the prior written permission of their respective owners is strictly prohibited.

Services, Activities and Meetings

The information, materials, services, activities and meetings, and the terms, conditions, and descriptions on this Site are subject to change without notice. You are bound by any such changes. You should therefore periodically visit these pages and review the then current Terms and Conditions. Unauthorized use of, or tampering with, BECMA’s website and systems including but not limited to unauthorized entry into BECMA’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Not all services, activities or meetings are available in all geographic areas or to all users. Your eligibility for particular services, activities or meetings is subject to final determination by BECMA.

Convenience Documents and Data

The Site may contain form legal documents and other data provided for the convenience of the users of the Site. Such documents and data are for convenience purposes only, and should not be construed as the offering or delivery of legal advice by BECMA or any other party. Before using any such document or data, you agree to consult independent legal counsel as to the advisability of using these documents or data in your particular circumstances.

Hyperlinks

The Site may contain links to websites controlled or offered by third parties (non-affiliates of BECMA). Further, BECMA may not have reviewed the content posted by such third parties website. Your use of the hyperlinks on this Site to other Internet sites is at your own risk. BECMA is not responsible for, does not endorse, and is not responsible for the content or accuracy of third party sites hyperlinked from this Site and does not guarantee the products or services offered on third party sites. You should review the privacy statements of a website before you provide any personal or confidential information. Third party websites may have a privacy policy different from that of BECMA and the third party website may provide less security than the BECMA website.

Any links to the Site from other websites must (i) receive prior approval in writing by BECMA, (ii) link to the homepage of the Site, (iii) not display the Content of the Site within a border or frame controlled by or displaying the Content of the linking page, and (iv) be promptly removed at the request of BECMA.

No Reliance on Any Advice or Opinion

No opinion, advice, statement or other information (“Information”) contained or provided herein or hereby is intended or shall be construed as a legal opinion or a prediction of the performance of any obligation. Reliance upon any Information shall be at the sole risk of the user. BECMA does not guarantee or warrant the timeliness, sequence, accuracy, or completeness of the Information. Nothing contained on the Site is intended to be, nor shall be construed as legal advice. You hereby acknowledge that the Information is provided for informational purposes only and is not intended for legal opinion purposes.

No Warranty

BECMA does not warrant the accuracy, adequacy, completeness or timeliness of the information, materials, services, activities or meetings on this Site or the error-free use of this Site. BECMA does not guarantee that access to the Site, the content, or information posted on the Site will be uninterrupted or error-free, that the Site will be free of viruses or that the Site cannot be tampered with or maliciously accessed by third-parties. All information, materials, activities, services and meetings are “as is” and “as available” no warranty of any kind, express or implied, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus is given in conjunction with the information, materials, services, activities and meetings.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusions of implied warranties.

Limitation of Liability

In no event will BECMA be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if BECMA, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort – including but not limited to negligence- or otherwise) exceed the amount paid by you, if any, for accessing this Site.

Indemnity

You hereby agree to indemnify and hold BECMA and our directors, officers, managers, employees and agents harmless for all claims, losses and expenses (including attorney fees and expenses) resulting from your access of or interaction with the Site, including but not limited to violations of these terms and conditions. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Submissions

All information submitted to BECMA via the Site shall be deemed and remain the property of BECMA and BECMA shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to the Site provides BECMA through the Site. BECMA shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by BECMA having the direct member or donor relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing BECMA’s responsibilities and obligations to members, donors or supporters in accordance with the BECMA Privacy Policy which is incorporated into and made a part of these Terms and Conditions.

Additional Terms

Certain sections or pages on the Site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Governing Law

Use of the Site shall be governed by all applicable federal laws of the United States of America and the laws of the Commonwealth of Massachusetts without regard to conflict of laws provisions. The state or federal courts located in the Commonwealth of Massachusetts, Suffolk County, shall have exclusive jurisdiction over any claim arising out of or relating to these terms and conditions.

General

The provisions of these terms and conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these terms and conditions, and these terms and conditions will be construed as if such unenforceable provision had not been contained herein. No waiver by BECMA of any right under or provision of these terms and conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time. The terms of these terms and conditions shall be incorporated into and made a part of any other agreement entered into by BECMA and a user hereof.

BECMA’s Social Media and Networking Standards

BECMA participates in social media and networking sites that allow public comment. The intended purpose is to promote BECMA services, activities and meetings, respond to inquiries, provide member and donor services and support good membership and donor practices. Inappropriate posts by visitors to the social media sites are subject to removal, including but not limited to the following types of postings regardless of format (text, video, images, links, documents, etc.):

(i) Comments not topically related;

(ii) Profane language or content;

(iii) Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regards to public assistance, national origin, physical or mental disability or sexual orientation;

(iv) Sexual content or links to sexual content;

(v) Solicitations of commerce;

(vi) Conduct or encouragement of illegal activity;

(vii) Information that may tend to compromise the safety or security of the public or public systems; or

(viii) Content that violates a legal ownership interest of any other party.