ChapterBoardSM Terms of Service Agreement

This Agreement was last revised on March 18, 2009

ChapterBoard provides a place for people like you to communicate with others in their work, school or community networks (each, a "Network") in real time (“Services”).

You are ONLY authorized to use ChapterBoard by accepting this Agreement. By using ChapterBoard you acknowledge that you have read, understood, and have expressly agreed to this Agreement, or that you had the opportunity to do so, but have expressly agreed to this Agreement at your risk without doing so. Due to the foregoing, please print and read the Agreement carefully before further accessing this Site. This Agreement also includes our acceptable use policy for content posted by you upon your ChapterBoard Discussion Boards and other public Network spaces and other terms and conditions related to the use of our Services.

This Agreement may be modified by us from time to time without prior notice, such modifications to be agreed and effective upon your next use of the ChapterBoard Network. Please review the revision date first above and the impacted sections last below in this regard.

"ChapterBoard" may be referenced by "we", "us", “our”, etc., which terms include our corporation, ChapterBoard, Inc., and all of its shareholders, directors, officers, employees, agents and independent contractors.

“You” or “yours” refers to you, whether or not you are a registered Member of ChapterBoard.

Eligibility

ChapterBoard is intended solely for Members who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized by us. If you are under the age of 13, you must NOT use ChapterBoard, and you must leave ChapterBoard immediately.

If you are at least 13 years of age but less than the age of majority in your jurisdiction, you and your parent or other guardian must read and agree to this Agreement, and your parent or other guardian must click the “I AGREE” button and otherwise indicate consent to your Network Administrator, who shall determine further that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

By supplying us with your sign-up information for your Network and by clicking on the "I AGREE" button, you have acknowledged that you are legally bound by the agreement set forth BELOW.

ChapterBoard makes NO representation that its materials and Member submissions published on ChapterBoard (all “Content”) are appropriate for access outside of the United States. If you are accessing this ChapterBoard from outside the United States, you are doing so on your own initiative and risk, and you are solely responsible for compliance with your local laws. If you are in doubt, consult legal counsel in your locality for advice regarding what Content may be legally available to you prior to using the ChapterBoard. ChapterBoard is void where prohibited.

Member Registration

To use ChapterBoard, you will need to register an account with us as a member of a Network (“Member”). You are solely responsible for the activity that occurs in your Member account, and you shall be liable for the losses of ChapterBoard or others due to such unauthorized use. ChapterBoard shall not be liable for your losses caused by any unauthorized use of your account. Therefore, you should keep your account password secure, and you should not allow any other person to use your account. Notify us immediately of any breach of security or unauthorized use of your account. You must always provide accurate and complete information.

Term

This Agreement will remain in full force and effect while you use the ChapterBoard. Both you and ChapterBoard may terminate your registration at any time for any reason or no reason without notice. If your registration is terminated, any representations, warranties, and any other provisions, which expressly or impliedly should survive the term of this Agreement, shall survive the term of this Agreement.

Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. You have read, understand, and agree to our Privacy Policy, which is hereby incorporated into this Agreement.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and Member Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and Member Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

You can be confident in knowing that we are a verified Authorize.Net merchant. Authorize.Net is committed to providing its merchant customers with the highest level of transaction processing security, safeguarding customer information and combating fraud. We implement and maintain compliance with industry leading security initiatives such as the Payment Card Industry (PCI) Data Security Standard. More than 232,000 merchants trust Authorize.Net to process their Internet transactions securely.

Legal Notices

You have read, understand, and agree to our Legal Notices, which are hereby incorporated into this Agreement.

Your Submissions

The following types of submissions are prohibited on ChapterBoard:

  • actions that may constitute or contribute to a crime or tort
  • promotion of illegal activities
  • actions that may create a risk of any other loss or damage to any person or property
  • actions that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal
  • impersonation of another person or misrepresentation of your affiliation with any person or entity
  • giving false or misleading information or any other fraudulent activity
  • submission of non-Network-related telephone numbers, street addresses, last names, URLs or email addresses
  • abusive, threatening, obscene, or defamatory statements
  • bickering, fighting, juvenile behavior, rudeness, name calling, gossip, foul language or other abusive behavior or harassment toward other Networks or our staff
  • offensive statements, such as those that promote racism, bigotry, hatred or physical harm of any kind against any group or individual
  • material that infringes any other person's rights of patent, copyright, mask work, moral rights, publicity, trademark, trade dress, or service mark rights, goodwill, trade secrets or other intellectual or proprietary property
  • transmission of "chain letters" or "spamming"
  • submission of links to, or promotions of, other non-Network-related websites
  • collecting information for commercial or unlawful purposes from other Members
  • solicitation of non-Network-related funds
  • Non-Network-related commercial activities
  • Submission of material not reasonably related to your Network
  • complaints or negative statements relating to Networks resident on ChapterBoard
  • use of any automated system, including without limitation, "robots," "spiders," "offline readers," etc.
  • collection or harvesting of personally identifiable information, including account names
  • attempts to interfere with the proper working of the Service or compromise the system integrity or security or decipher any transmissions to or from our servers
  • actions that impose or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure
  • bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with a non-Network email address.
  • material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Even though all of the above items are prohibited, you may become exposed to one or more of such items, and you hereby waive any and all of your rights against us for any damages or other remedies related to such exposure. If you learn that a user is not authorized to be a Member of a Network or is otherwise violating this Agreement, please notify your Network Administrator, who has the sole responsibility of granting and revoking Members' access to your Network on ChapterBoard.

You are solely responsible for your interactions with other Members on you Network. We may, but have no obligation to, monitor disputes between you and other Members.

While we do not and cannot review every communication posted by Members on ChapterBoard and are not responsible for the content of any of these communications, we may delete, move or edit communications that we, in our sole discretion, deem to be a violation of this Agreement, the prohibitions shown above, or the law. In addition, we may terminate your registration and use of ChapterBoard. You shall remain solely responsible for your submissions. We do not endorse the communications placed on ChapterBoard.

We have the right to use any ideas, concepts, know-how or techniques that you send to ChapterBoard for all commercial and non-commercial purposes.

Representations, Warranties & Covenants

You represent and warrant that:

  1. You are at least 18 years of age, or if you are at least 13 years of age but less than the age of majority in your jurisdiction, you and your parent or other guardian have read and agreed to this Agreement, and your parent or other guardian has clicked the “I AGREE” button and otherwise indicated consent to your Network Administrator, all of whom have determined further that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement;
  2. No submission by you will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate this Agreement or any applicable laws, rules, regulations or other governmental regulations; and
  3. You have the consent of each Member in your Network to use each Member's name and image in connection with the Service and this Agreement, and each Member has released you from any liability related to such use.

Consent to Email Communications

When you provide ChapterBoard your email address, you thereby consent to ChapterBoard's use of your email address, rather than mail, to send you Service-related information, including any notices required by law. You may use your Notifications Settings to opt out of certain types of Service-related communications. ChapterBoard may also use your email address to send you other messages. If you do not want to receive such email messages, you may opt out by changing the preferences in your Notifications Settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Network Administration

Each Network must have one individual (and may have more than one individual) who is responsible for actively monitoring the use of, and content posted to, such Network by its Members (“Network Administrator”). A Member may be removed from a Network by his or her Network Administrator. The content of that Member may remain on the Network.

Members should follow their particular Network's, as well as our, policies and procedures concerning Content posted to the Service. Members may delete their own Member Content from the Network, so long as they are a Member of that Network. Network Administrators may delete Member Content at any time.

Administrator Tools, Billing and Payment

A Network Administrator has access to certain tools and features which aide them in managing their network. If there is one Network Administrator for a Network, such person will be responsible for payment of any fees due for such Network. If there is more than one Network Administrator for a Network, the initial Network Administrator will be the billing party of record (“Customer”), unless otherwise changed.

There may be one trial period per Network to utilize ChapterBoard without charge. Fees for such tools are charged yearly thereafter and are recurring. The fees are as indicated when signing up for the trial period. We reserve the right to change the yearly fees upon 30 days written notice to the Network Administrator.

Customer agrees to pay for all Services ordered through ChapterBoard using the account number indicated in the account. Customer expressly authorizes ChapterBoard to charge said fees to the Customer's account at time of purchase. Payment of fees shall not be contingent on any events, unless otherwise agreed in writing by both parties. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of, and paid for by, Customer. If payment is not promptly forthcoming when due, ChapterBoard may immediately cease to provide Services to Customer. Fees paid for yearly Network usage are non-refundable, regardless of early termination.

Charges will automatically renew to Customer's current credit card account number, unless Customer cancels their Network 5 business days prior to the renewal date by email to info@chapterboard.com. Cancellation requests will be processed within such 5 business days. Once cancellation has been processed, a confirmation email will be sent to Customer via email. If Customer has a question about a cancellation, Customer should contact ChapterBoard at info@chapterboard.com. We may change our fees or billing methods at any time with timely notice to Customers.

Customer shall promptly provide us with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Account" tab within the “Administrator” section. We do not validate all card information required by Customer's card payment provider to secure payment. If billing problems or discrepancies are not brought to ChapterBoard's attention within 90 days, Customer waives their right to dispute such problems or discrepancies.

Online Collection Service

ChapterBoard also provides an electronic organizational dues collection process for its Networks, which allows Network Members to electronically pay dues assessed by their organizations through ChapterBoard, who then electronically remits these collected dues to an account designated by the Network Administrator, less its 6% processing fee, on a weekly basis, or when the dues account accumulates $500 or more, whichever comes later. We reserve the right to change the online collection processing fees upon 30 days written notice to the Network Administrator. Our dues collection process is also subject to our Privacy Policy and other applicable provisions of this Agreement.

License Grant

Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive, non-transferable, personal license to use the Service. ChapterBoard reserves all rights not expressly granted herein. ChapterBoard may terminate this license at any time for any reason or no reason.

Proprietary Rights of ChapterBoard

Our Services and Content, including any and all of its components and all intellectual property rights related thereto, are the sole property of ChapterBoard and any licensors. Use of ChapterBoard Services or Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

Disclaimers

CHAPTERBOARD AND ANY CONTENT PROVIDED THEREON either BY CHAPTERBOARD OR THIRD PARTIES ARE PROVIDED "AS IS" and at your own risk. CHAPTERBOARD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER in ORAL, WRITING, OR ELECTRONIC FORM, INCLUDING without limitation THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME, that the service will be UNINTERRUPTED OR SECURE, that the service is ACCURAte, TIMELy, OR USEFUL, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, or THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Any DOWNLOAD from our service is AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. your use of up-t0-date, state-of-the-art virus software is strongly encouraged.

Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from your or any other persons' use of ChapterBoard, any Content posted on ChapterBoard or transmitted to or from other persons, or any interactions between you and other persons related to ChapterBoard, whether online or offline. No advice or information, whether oral or written, obtained by you from ChapterBoard shall create any warranty or other obligation not expressly stated herein. ChapterBoard may make changes, improvements and/or modifications to ChapterBoard and its Content at any time without notice. ChapterBoard Content may be out of date, and ChapterBoard makes no commitment to update it.

Limitation on Liability

CHAPTERBOARD SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE CHAPTERBOARD OR ANY OF THE CONTENT PROVIDED BY CHAPTERBOARD OR THIRD PARTIES THROUGH THE CHAPTERBOARD, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE CHAPTERBOARD, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF CHAPTERBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. except to the extent required by law, CHAPTERBOARD shall not BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF our SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. To the fullest extent permissible under applicable law, ChapterBoard's aggregate liability to you or any third parties in any event is limited to the amount paid, if any, by you to ChapterBoard during the preceding 12 months.

You, other Network Members, and third persons, and NOT ChapterBoard, are responsible for (1) any and all contacts, communications, actions and relationships between you and any Member of ChapterBoard and (2) any and all damages or injuries to your or any other person's property or person, and in respect thereto, you waive and release any and all claims you may have against ChapterBoard. If you are a California resident, you specifically waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.

Indemnity

You hereby agree to indemnify, defend (with counsel acceptable to ChapterBoard), and hold ChapterBoard, on its behalf and on the behalf of its successors and assigns, and all other persons or entities associated with it, including other participants (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties, including without limitation reasonable attorneys' fees and legal costs, in connection with any claim arising out of (1) your use of ChapterBoard and its Service, including any Content transmitted or received by you; (2) your violation of this Agreement; (3) your breach of any of your representations and warranties herein; (3) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (4) your violation of any law; or (5) any other party's use of the Service with your username and password. You shall cooperate as fully as reasonably required in the defense of any claim. ChapterBoard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects ChapterBoard's rights without its prior written approval.

Claims & Disputes

Any and all disputes between you and ChapterBoard related to ChapterBoard shall be governed by the laws of the State of California without regard to its conflict of law provisions. You hereby agree to personal jurisdiction by, extra-territorial service of process from, and venue in the state and federal courts of the State of California, County of Orange. You also agree that our Services shall be deemed solely based in California and shall be deemed passive, not giving rise to personal jurisdiction over ChapterBoard, either specific or general, in jurisdictions other than California.

With respect to any and all disputes between you and other ChapterBoard Members and Network Administrators, ChapterBoard reserves the right, but has no obligation, to monitor such disputes. You, not ChapterBoard, are solely responsible for your interactions with other Members and Network Administrators on ChapterBoard.

Access & Availability of ChapterBoard and Links

ChapterBoard may contain authorized or unauthorized links to other Internet websites. Such links will redirect you off of ChapterBoard to a third party website. Interactions that occur between you and the third party are strictly between you and such third party and are not ChapterBoard's responsibility. ChapterBoard has no control over such websites, is not responsible for examining or evaluating such websites, and does not warrant the offerings of any of such websites. ChapterBoard does not assume any liability or responsibility for the actions, product, services, availability or content of such websites. We encourage you to read the terms and conditions and privacy policies of any third-party website or service that you visit. You should direct any concerns regarding any external link to the website administrator or webmaster of the third party website.

Other Provisions

This Agreement and any other terms, conditions, and notices referenced on ChapterBoard constitute the entire agreement between you and us with respect to your access and use of ChapterBoard. If any term or other provision of this Agreement shall be declared to be invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other terms, provisions and conditions of this Agreement shall nevertheless remain in full force and effect. A waiver of rights by ChapterBoard for a breach or default by you hereunder shall be in writing and shall not operate as a waiver of rights for any future breach or default, whether of a like or different character. No delay, short of the statutory period of limitation, in asserting or enforcing any right hereunder shall be deemed a waiver or limitation of such right. We, but not you, may assign this Agreement.

Digital Millennium Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please review our Legal Notices on how to proceed.

Contact Information

Should you have other questions or concerns about this Agreement, please send us an email at info@chapterboard.com. Official correspondence must be sent via postal mail to:

ChapterBoard Inc.
717 Cantor
Irvine CA 92620