Personal, Non-Commercial Use: The Alliance Sites and any materials provided on them are made available for your personal, non-commercial use only.
User Content: Users may have the opportunity to upload various forms of content to the Alliance Sites which may include, but not be limited to, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials in connection with their use of the Services (“Content”). By submitting your Content, you give the Alliance a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute such Content.
As a user of the Alliance Sites you acknowledge that: (a) the Alliance may not pre-screen Content and, as such, the Alliance does not guarantee the accuracy, integrity, or quality of such Content; (b) you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content; (c) you may be exposed to Content that is indecent, offensive, or otherwise objectionable; and (d) under no circumstances will the Alliance be liable in any way for any Content posted by users of the Alliance Sites, including, but not limited to, any errors or omissions in any such Content, or for any loss or damages or any kind incurred as a result of the use of any such Content.
If the Alliance is made aware of Content that may be: (a) libelous, obscene, excessively violent, scandalous, defamatory, or that the Alliance determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable; (b) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy; or (c) holds the Alliance, its affiliates or third party content or product providers open to scorn or ridicule, the Alliance has the right, but not the obligation, to remove or disable access to such Content.
Diversity Catalog: The Alliance maintains an online directory of diverse businesses within the Alliance Communities (the “Diversity Catalog”). The Diversity Catalog is intended to identify businesses with at least 51% of its ownership qualifying as one or more of the following categories: Immigrant, Lesbian, Gay, Bisexual and Transgender persons/people (LGBTQIA), Black/African American, Hispanic, or Latino (Central/South American or Caribbean), American Indian/Alaskan Native, Asian, Native Hawaiian/Other Pacific Islander, person/people with a (dis)ability, Service-Disabled Veteran, Veteran, and/or Woman/Women. However, the Alliance makes no guarantee as to the accuracy, currency, or quality of information included in the Diversity Catalog. The Diversity Catalog is provided on the Alliance Sites for informational purposes only. Under no circumstances may the contact information contained in the Diversity Catalog be used to advertise your services or the services of others to the companies listed, or to send unsolicited marketing email of any kind. Any bulk communications to the companies listed in the Diversity Catalog is strictly prohibited without the prior written consent of the Alliance which may be withheld in the Alliance’s sole discretion. By accessing, viewing, or otherwise using the Diversity Catalog, you acknowledge and agree that you will bear all risks associated with the use of any information in the Diversity Catalog, including any reliance on the accuracy, completeness, or usefulness of such information, and under no circumstances will the Alliance be liable in any way for any errors, inaccuracies, or omissions in the Diversity Catalog.
Users of the Alliance Sites may have the opportunity to submit Content to the Alliance for use in connection with the Diversity Catalog, including for the purpose of having their business featured in the Diversity Catalog. By submitting: (a) the Diversity Catalog application form provided on the Alliance Sites, or (b) any other information to Alliance in connection with the Diversity Catalog (collectively “Diversity Catalog Information”), you acknowledge and agree to the following additional terms:
- Any information you provide will be accurate, current, and complete;
- You will only provide information related to businesses that are eligible for the Diversity Catalog based on the criteria established and made available by the Alliance;
- You authorize the Alliance to use and display the information you provide in connection with the Diversity Catalog;
- With respect to information that relates to or identifies a business entity or an individual other than yourself, you represent that you have the necessary rights and permissions from such entity or individual to share such information with the Alliance and to authorize the Alliance’s use and display of such information in connection with the Diversity Catalog;
- The Alliance will not be liable in any way as a result of posting the information you provide on the Alliance Sites;
- The Alliance has the sole authority to choose the manner in which the information you provide is searched, displayed, accessed, downloaded, copied, modified, and otherwise used on the Alliance Sites;
- The Alliance may reject or decline to include the information you provide in the Diversity Catalog;
- You may be contacted by the Alliance or by users of the Alliance Sites through any email address, telephone or fax number, or mailing address that you provide; and
- You will respond promptly and thoroughly to all inquiries from the Alliance related to the information you provide.
Copyright Infringement and Copyright Agent: The Alliance will, in circumstances it deems appropriate, terminate a user’s right to participate in the Alliance Services, and/or remove or disable access to Content, if such Content is claimed to infringe the intellectual property rights of a third party.
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any Alliance Site, please provide notice to the Alliance Copyright Agent including the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work(s) that you claim have been infringed and identification of the work(s) you claim are infringing and which you request to be removed or access to which is to be disabled;
- A description of where the material that you claim is infringing is located on the Alliance Site;
- Information sufficient to permit the Alliance to contact you, such as your physical address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the material identified in your notice, in the manner complained of, is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the information in your notice is accurate and under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Alliance Copyright Agent can be reached as follows:
By mail: Copyright Agent
North Shore Alliance for Economic Development
121 Loring Avenue
Salem, MA, 01970
By telephone: (978) 744-4430
YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON A THE ALLIANCE SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.
User Responsibilities and Conduct: You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and is responsible for all equipment necessary for the user to access the Services.
As a user of the Alliance Sites, you shall: (a) be responsible for your compliance with this agreement; (b) be solely responsible for the accuracy, quality, integrity and legality of any Content or Diversity Catalog Information submitted by you; and (c) use reasonable efforts to prevent unauthorized access to or use of the Services and notify the Alliance promptly of any such unauthorized access or use. You represent and warrant that you have the right to use the Content or Diversity Catalog Information and that you have obtained all third party consents, permits and/or licenses necessary or required to grant the rights granted to the Alliance hereunder and for the Alliance to provide the Services.
Prohibited Conduct: By using the Alliance Sites or receiving Services, you agree that: (a) you will not use, or attempt to use, the Services to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person’s privacy or proprietary rights; and (b) you will not impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with the Alliance, or otherwise attempt to mislead visitors as to the user’s identity.
Charges, Billing, Payment: Charges for the Services, if applicable, are subject to the refund policy provided at checkout. In order to register for Services that require payment of a fee, you must provide the Alliance with your credit card information. The Alliance may take commercially reasonable actions to validate your credit card information. If the Alliance does not receive payment from your card issuer, you agree to pay the Alliance all amounts due immediately upon demand. Prices are subject to change.
The Alliance’s Intellectual Property Rights: All content and Services on the Alliance Sites, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, video, and other website materials (the “Materials”) are the intellectual property of the Alliance, its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. None of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of the Alliance.
The Alliance, the Alliance logo, and other marks related to the Alliance Services (the “Alliance Marks”) are the exclusive and valuable property of the Alliance or its affiliated companies. The Alliance Marks can only be reproduced or displayed with specific written permission from the Alliance, and only in accordance with the policies and guidelines associated therewith. All third party trademarks are the property of their respective owners.
Compliance with Laws: By accessing or using the Alliance Sites, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the Alliance Sites and any Services. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained on the Alliance Sites to countries or persons prohibited under the export control laws of the United States. The Alliance makes no representation that the content on the Alliance Site is appropriate or available for use outside the United States. If you have chosen to access the Alliance Site from outside the United States, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
Legal Disclaimers: The Alliance Sites and the information provided therein are for the convenience of users of the Alliance Sites and for customers and potential customers of the Alliance and its Services. The information provided on the Alliance Sites and the Services described on the Alliance Sites are subject to change without notice. THE ALLIANCE DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE ALLIANCE SITES, INCLUDING BUT NOT LIMITED TO THE DIVERSITY CATALOG. THE ALLIANCE SITES AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE ALLIANCE DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE ALLIANCE SITES SITE OR SERVICES. THE ALLIANCE DOES NOT WARRANT THAT THE ALLIANCE SITES OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE ALLIANCE SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITES OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, THE ALLIANCE IS NOT RESPONSIBLE FOR SUCH COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS THE ALLIANCE, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE ALLIANCE SITES, INCLUDING BUT NOT LIMTIED TO THE DIVERSITY CATALOG. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF THE ALLIANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitation applies to your use, misuse, or reliance upon the Alliance Sites, including, without limitation, damages you may incur because of third-party services or goods advertised on, or linked to the Alliance Sites. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.