1. Your Acceptance
The Crossroads Charlotte Website may contain links to third party websites that are not owned or controlled by Crossroads Charlotte. Crossroads Charlotte has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Crossroads Charlotte will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Crossroads Charlotte from any and all liability arising from your USE of any third-party website.
3. User Submitted Content
A. As a Crossroads Charlotte account holder you may submit information, data, text, photographs, sound, graphics, video, messages, reviews or other materials ("User Submitted Content") through this site. You understand that whether or not such Content is published, Crossroads Charlotte does not guarantee any confidentiality with respect to any User Submitted Content.
B. You shall be solely responsible for your own User Submitted Content and the consequences of posting or publishing them. In connection with User Submitted Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to USE and authorize Crossroads Charlotte to Use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submitted Content to enable inclusion and USE of the User Submitted Content in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submitted Content. However, by submitting User Submissions to Crossroads Charlotte, you hereby grant Crossroads Charlotte a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to USE, reproduce, distribute, prepare derivative works of, display, and perform the User Submitted Content in connection with the Crossroads Charlotte Website and Crossroads Charlotte's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Crossroads Charlotte Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Crossroads Charlotte Website a non-exclusive license to access your User Submissions through the Website, and to USE, reproduce, distribute, display and perform such User Submitted Content as permitted through the functionality of the Website and under these Terms of Service.
D. In connection with User Submitted Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Crossroads Charlotte all of the license rights granted herein.
E. Crossroads Charlotte does not endorse any User Submitted Content or any opinion, recommendation, or advice expressed therein, and Crossroads Charlotte expressly disclaims any and all liability in connection with User Submitted Content. Crossroads Charlotte does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Crossroads Charlotte will remove all Content and User Submitted Content if properly notified that such Content or User Submitted Content infringes on another's intellectual property rights. Crossroads Charlotte reserves the right to remove Content and User Submitted Content without prior notice.
4. Disclaimers of Warranties
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:
A. SERVICES AND CONTENT ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Crossroads Charlotte EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND AGAINST INFRINGEMENT.
B. Crossroads Charlotte MAKES NO WARRANTY THAT: (i) THE FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (ii) DEFECTS WILL BE CORRECTED; OR (iii) THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
C. Crossroads Charlotte MAKES NO WARRANTY REGARDING THE ACCURACY, VERACITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES MADE AVAILABLE ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT, SITES OR RESOURCES WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE.
D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
5. Limitation of Liability
IN NO EVENT WILL Crossroads Charlotte BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES FOR ANY USE OF THIS SITE, OR USE OF ANY OTHER LINKED SITE, EVEN IF Crossroads Charlotte IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
You agree to indemnify and hold Crossroads Charlotte and our affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: your use of the site; User Submitted Content you submit, post, transmit or otherwise make available though this site; your violation of these Terms; or your violation of any rights of another.
8. General Information
These Terms constitute the entire agreement between you and Crossroads Charlotte with respect to the subject matter hereof, and govern your use of this site, superseding any prior agreements between you and Crossroads Charlotte. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content or third-party software. These Terms and the relationship between you and Crossroads Charlotte will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. The parties agree to submit to the personal and exclusive Crossroads Charlotte jurisdiction of the courts located within Mecklenburg County, North Carolina, for any dispute arising under or relating to the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of these Terms will remain in full force and effect.
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