Terms of Use

Last Updated: October 29, 2017
Also see our Privacy Policy.

Welcome to the website of tHRive, a program of the Hampton Roads Chamber of Commerce, a Virginia non-stock company (“Program”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference herein (collectively, these “Terms of Use”), govern your access to and use of www.YPtHRive.org (the “Website”), including any content, functionality products or services offered on or through the Website (the foregoing description collectively defined herein as, the “Service(s)”), whether as a guest or a registered user. If You Use The Services In Any Form (including, Without Limitation, Navigating The Website) You Accept And Agree To Be Bound By And Abide By These Terms Of Use And The Program’s Privacy Policy, Which Can Be Found At The Website And Which Is Expressly Incorporated Herein. Please Read These Terms Of Use Carefully Before Using Any Services. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are 18 years of age or older and have legal capacity to form a binding contract with the Program. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion and timing. All revisions, updates, or changes are effective immediately when we post them to the Website, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on, or prior to the date the revision, update, or change is posted on the Website. Your continued use of the Website following the posting of revised, updated, or changed Terms of Use means and shall constitute your acceptance and agreement to the revision(s), update(s), or change(s). You are expected to check, read and agree to this page each time you access or utilize the Services so you are aware of any revision, update, or change, as they are binding on you.

Membership and Account Security

Membership: To register as a member of tHRive, you may be asked to provide certain registration details or other information, all of which is governed by our Privacy Policy. By registering with the Program, you represent and warrant that all registration information you submit, including, without limitation, your first and last name, e-mail address, mobile telephone number, and payment information (as applicable) is completely accurate. By registering with the Program, you represent and warrant that you are of legal age to enter into a binding contract or, if you are a legal entity, you are authorized to enter into and bind the entity to these Terms of Use and perform the Terms of Use. If you are under the age of 18, you may use the Service only with the involvement and consent of a parent or guardian. The Program and its associates reserve the right to refuse service, terminate membership, remove or edit content, or cancel orders and registrations in its sole discretion and timing.

Account Security: You are solely responsible for maintaining the confidentiality, security, and correctness of your registration information. You are solely and fully responsible for all activities, liabilities, and damage that occurs under your account or password or from your failure to maintain password confidentiality. You agree that Program shall not be liable for any loss or damage arising from your failure to keep your password or registration information secure. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree to comply with all applicable laws regarding online conduct and acceptable content.

Access: We reserve the right to withdraw or amend this Website or any Service, and any product, service or material we provide on the Website, in our sole discretion without notice. We will not be liable to you if, for any reason, any part of or the entire Website or Service is unavailable for your access or use at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Membership Fees

At this time, there are three membership levele for tHRive. The “Classic” level has no fees associated with registering as a member of tHRive. The “Premium” and “Elite” membership levels have fees that are billed annually and have membership benefits that vary with each level. The Program reserves the right to introduce various additional or increased fees in the future.

Event Registration

If you choose to register for free events by using the Website, you will be required to provide your full name and e-mail address. If you choose to register for events requiring a registration fee by using the Website, you will be redirected to the Hampton Roads Chamber of Commerce’s website where you will be required to give personal contact information as well as credit card information. tHRive is a program of the Hampton Roads Chamber of Commerce; however, the use of the Hampton Roads Chamber of Commerce’s website is subject to their own Privacy Policy.

You acknowledge and agree that you shall pay for all Program Services you purchase from us, and that the Program may charge your credit card account as provided by you when registered through the Website for the Program Services, including any taxes, late fees, penalties, costs, and attorneys fees as applicable, that may be accrued by or in connection with your account with the Program and your use of the Program Services. You are responsible for the timely payment of all fees and charges and for providing us with a valid credit card account for payment of all applicable fees at all times. The timing and amounts of such payment obligations for your use of the Program Services and Website shall be published on the Website from time to time and shall, as amended and updated from time to time in the sole discretion and timing of Program, be incorporated with these Terms of Use. All payments are non-refundable, subject to applicable law.

tHRive reserves the right to require additional information or increase registration fees in the future at its sole discretion. It is your responsibility to remain informed about the current fee rates and charges for the Program.

Cancellation and Termination: You may cancel your membership with the Program for no charge at any time. In the event you or the Program terminates your access and membership with us for any or no reason tHRive shall own all Intellectual Property as provided for herein below.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. The use of any device, software, or routine that interferes with or attempts to interfere with the proper working of the Website is expressly prohibited. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only.

Intellectual Property Rights

The Website, Program Services, and its entire contents, features and functionality (including but not limited to all information, content (whether provided by you or the Program), software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (the “Materials”), are owned by the Program or other parties, and are protected by copyright, trademark and other intellectual property laws.

You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works of or using any Materials for commercial or public purposes without the prior written permission of tHRive except as follows: you may browse the Website on your computer, store and display Materials on your computer, and print copies of Materials from the Website, all for your personal use only and not for further reproduction, publication or distribution. This limited consent shall terminate automatically if you breach of these terms and conditions and you must, at tHRive’s option, return or destroy any copies of the materials you have made. Specific Material on the Website may be subject to additional terms and restrictions as may be indicated here, on the Website, or on the Materials.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through the Website, purchase of Program Services through the Website, or as a result of visits made by you are governed by these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of the Website and Program Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content which they are displayed. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, we provide these links for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Miscellaneous

Geographic Restriction: We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties: Except As Otherwise Provided, The Program Services Are Made Available On As “as Is” And “with All Faults” Basis, Without Any Warranties Or Conditions, Express, Implied, Or Statutory. The Program Specifically Disclaims Any Implied Warranties, Including, Without Limitation, Any Implied Warranties Of Title, Merchantability, Fitness For A Particular Purpose Or Non-infringement Of Intellectual Property.

Limitation of Liability: Except As Otherwise Provided, The Program Has No And Hereby Disclaims Responsibility Or Liability For Any Services Or Party Provided To You By Such Services.

Under No Circumstances Will The Program’s Liability Arise Out Of Connection Outside Of These Terms Of Use. In Addition, In No Event Will Program, Its Affiliates Or Their Licensors, Service Providers, Employees, Agents, Members, Managers, Officers, Or Directors Be Liable For Damages Of Any Kind, Under Any Legal Theory, Arising Out Of Or In Connection With Your Use, Or Inability To Use, The Website, The Program Services, Any Online Platform Associated Therewith, Any Websites Linked To It, Any Content On The Website Or Such Other Websites Or Any Program Services Or Items Obtained Through The Website, Program Services, Or Online Platform Associated Therewith, Or Such Other Websites, Including Any Direct, Indirect, Special, Incidental, Consequential Or Punitive Damages. The foregoing does not affect any liability, which cannot be excluded or limited under applicable law.

Indemnification: You agree to defend, indemnify and hold harmless the Program, its affiliates, licensors and service providers, and its and their respective officers, members, managers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law: These Terms of Use and the relationship between you and the Program will be governed by the laws of the Commonwealth of Virginia, without giving effect to any choice or conflict of law provision or rule whether of the Commonwealth of Virginia or any other jurisdiction.

Venue: Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal or state courts of the Commonwealth of Virginia in each case located in the City of Norfolk (although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state of residence or any other relevant place). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Equitable Relief: Without limiting any of the Program’s rights of recourse at law or equity to the extent you have in any manner violated or threatened to violate the Program’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Virginia, without posting bond, and you consent to exclusive jurisdiction and venue of such courts situated therein.

No Assignment: You may not assign your rights under these Terms of Use without our prior written consent, and any attempted assignment will be null and void.

Notices: We may give notice to you by email or other reasonable means. All notices, questions, and other communications under this Agreement shall be in writing to the address provided below, or by electronic mail at the email address provided below. Communications shall be deemed to have been duly given on the third (3rd) day after mailing; electronic mail shall be deemed to have been duly given after sending, read receipt attached.

Program:

tHRive
500 East Main Street, Suite 700
Norfolk, VA 23510
info@YPtHRive.org

Waiver: No waiver by the Program of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Program to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Severability: If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement: The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Program with respect to the Program Services and your use of the Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Program Services.