CHAMBERMENTOR.COM (Seller) MATERIALS LICENSE AND USE AGREEMENT
ChamberMentor.com (Seller) has developed and hereby grants to Licensee a non-exclusive, non-transferable license and right to use the copyrighted TELLING OUR STORY Articles Volume One material for its Chamber of Commerce communications. Licensee desires to utilize a copy of the Articles Volume 1 as aforementioned, strictly in accordance with the terms and conditions set forth herein and for no other purposes.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, Seller and Licensee agree as follows:
1.License. Seller hereby grants to Licensee the right to use the copyrighted Newsletter Articles in their Chamber’s communications. Licensee agrees to abide by all state and federal law in regard to their business practice and declare that they are in compliance with all known laws. Licensee also agrees to operate in absolute truth, ethics and transparency with regards to all interactions with consumers as well as all governing entities. Unless otherwise noted, all material content, including, but not limited to all text, editorial content, images, graphics, logos and illustrations are the sole and exclusive property of ChamberMentor.com, and are protected by U.S. laws. By your purchase, you accept these terms, and are entitled to use them as specifically permitted under the terms of this Agreement and subject to all additional intellectual property notices, information or restrictions accessed through ChamberMentor.com.
2. Restrictions. Licensees shall not modify the content of the material provided, sell the material, or use the material for any other purpose other than their Chamber of Commerce communications.
3. Refund. Due to the nature of ChamberMentor’s (Seller) material and its delivered format, Seller does not offer a refund for any reason after purchase. Purchase is Final. This is due to the fact that users may create unauthorized duplicate copies of material via the virtual web platform. While Seller will make every effort to ensure client satisfaction, it cannot refund purchase monies after delivery of product due to the duplicability of the Materials. Participant understands and agrees that ChamberMentor.com does not offer refunds for any reason.
4. Limitation of Liability. Seller shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Seller was advised of the possibility of such losses in advance. In no event shall Seller’s liability hereunder exceed the amount of license fees paid by Participant, regardless of whether Participant’s claim is based on contract, tort, strict liability, and product liability or otherwise. Seller does not assume legal responsibility nor liability for state or federal compliance, nor does it accept responsibility for how the materials, concepts, and language is used or portrayed by Participant and/or its agents. Participant bears sole responsibility for legal review of Materials as Seller is not delivering a legal product or offering legal advice. Participant agrees to hold harmless and indemnify Seller from all claims or legal actions in relationship to the use of Seller’s product. Seller does not suggest or guarantee that use of its material will protect nor insulate Participant or its agents from legal actions, lawsuits, or cease and desist orders. ChamberMentor.com material is based on our careful study, research and education in regard to compliance to known laws.
5. No Assignment. Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of both parties.
6. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
IN WITNESS WHEREOF, ChamberMentor.com and Licensee have executed this Materials License and Use Agreement on the date of purchase from ChamberMentor.com.
Patrick H. McGaughey, Consultant