Last updated: February 4th, 2021
Welcome to County Business Clubs
Welcome to County Business Clubs!
If you cannot agree, don’t use our Service.
1. Using the Service
- a. How It Works.
Our service enables people to participate in a community dedicated to an individual, identity, or interest (a “County Business Club”) for free or for a fee. A County Business Club invites people (“Members”) to connect with each other, to message, and to exchange information and content. County Business Clubs Sussex Ltd tailors each club by the Members they invite, the conversations they organize, what they call a County Business Club, and additional branding they may choose to use.
- b. Who can use County Business Clubs.
You must be at least 18 to participate in a County Business Club.
- c. Registration.
- d. Privacy.
- e. Be Polite
We hope you will take care to keep your interaction with others a positive experience for everyone. You agree to follow the County Business Clubs Acceptable Use Policy at all times. We reserve the right, but have no obligation or liability for, monitoring any interactions with other Members of the Service. You may also submit a complaint or concern about another Member to firstname.lastname@example.org.
- f. Termination.
You may close your Member account at any time by going to account settings and disabling your account. We may suspend your use of the Service or the Service at any time for any reason, without any notice. We may terminate your account if you violate the County Business Clubs Acceptable Use Policy or for any other reason.
- g. Feedback.
We welcome your feedback and suggestions about how to improve County Business Clubs. Submit feedback at email@example.com. By submitting feedback, you agree to grant us the right to use it for free.
2. Your Content Stays Yours: You keep complete ownership of all content, but give us permission to run County Business Clubs, such that your content shows up, but that’s it. Make sure you have permission to use content that you post on County Business Clubs.
- a. Your Content.
The Service enables you to add posts, articles, photos, videos, questions, polls, links, files, events, groups, and chat with other Members. All material that you upload, publish or display to others via a County Business Club is “Your Content.” Material that a Member uploads, publishes, or displays to others via a County Business Club is “User Generated Content”. Your Content, including User Generated Content, does not include Data (defined below).
- b. You (and the people you license Your Content from) keep complete ownership of all Your Content. By posting Your Content on the Service, you grant us a license to show it on your County Business Club, but you and your licensors still own it.
- c. Behave Impeccably
You agree to follow the County Business Clubs Acceptable Use Policy. Do not infringe the intellectual property and personal rights with Your Content. You accept responsibility if Your Content violates the intellectual property or personal rights of others. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any of Your Content. We are not obligated, but reserve the right, to remove or suspend, in whole or part, Your Content that violates the County Business Clubs Acceptable Use Policy or for any other reason.
3. Copyright and Trademark Policies
The County Business Clubs Copyright Policy and County Business Clubs Trademark Policy are incorporated by reference into this Agreement. If you believe that your intellectual property is being violated on the Service, you can submit a complaint and request for takedown of specific material at firstname.lastname@example.org.
4. Our Content and Materials
- a. Data.
- b. Our Content and Materials
All right, title, and interest in the Service, including the County Business Clubs buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, User Generated Content, third-party web services or third-party content linked to or posted within the Service) (collectively “Our Content and Materials”) are the property of County Business Clubs Sussex Ltd and/or its licensors Copyright ©2020 County Business Clubs Sussex Ltd. and/or its licensors. The County Business Clubs name and logo, the County Business Clubs mark, the County Business Clubs logo are trademarks and service marks of County Business Clubs. We retain all right, title, and interest in and to the Data and Our Content and Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials or Data without our express written permission.
- c. Our Licenses to You.
Subject to these terms, including our County Business Clubs Acceptable Use Policy, we grant you a limited, non-exclusive license to use and access Our Content and Materials and the Service. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
- d. No Endorsement or Screening.
Please note that the Service contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within a County Business Club, or the conduct of parties who participate in a County Business Club.
5. Rights and Obligations of Members
- a. Contact Information of Members.
The name and contact information of Members who register to join a specific County Business Club is made available to that County Business Club’s Members in line with a Member’s privacy settings in order to facilitate communications. A Member may use the contact information of other Members solely to communicate with that Member for purposes related to the County Business Club or the reasonably assumed interests of the Member who has joined the County Business Club. In no event may a Member: i) sell contact information of a Member to a third-party, or ii) or use or disclose it for commercial purposes unrelated to the County Business Club or the interest of Member who joined the County Business Club.
- b. Member Data.
Members may be provided access to certain Data, which may be aggregated or personalized, in order to facilitate Member engagement and communications or to assist in deciding how to advertise or use the site. The Member may not sell or share Data accessible from the Service to third parties.
- c. Representation and Warranty of Members.
As a Member it is important for you to respect and honour the trust of other Members who join the County Business Club you are a part of. You represent and warrant that, in your communications with Members and handling of Data, you: i) will comply with all applicable laws and regulations; and ii) will honour the restrictions set forth in Sections 5(a) and 5(b). You also represent and warrant that all advertising, sponsorships, and promotions you introduce to your County Business Club will comply with all applicable laws, regulations, and industry guidelines, including but not limited you represent and warrant that you have obtained user consent prior to sending emails outside of the Service, as EU law requires opt-in consent for emails. You must provide a means of opting-out of any emails.
- d. Takedown Assistance.
In the event that a party requires a takedown request (within or outside of the Service), they should ensure that the request has been received by email@example.com
6. Integrated Services
7. Premium Services
If you select a portion of the Service for which a fee applies (“Premium Service”), you agree to pay the applicable fee when you sign up. For a Premium Service, you will be required to select a payment plan and instrument for payment. For Premium Services, additional terms may apply, and you may be asked to agree to additional terms by separate agreement.
b. No Refund at Termination.
- If you terminate your Premium Service, we will not refund any payment for your unused Premium Service.
- If we terminate your Premium Service for violation of the terms of this Agreement or our policies, we will not refund any amount paid for unused Premium Service.
8. Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF COUNTY BUSINESS CLUBS SUSSEX LTD ENTITIES TO YOU. “COUNTY BUSINESS CLUBS SUSSEX LTD ENTITIES” MEANS COUNTY BUSINESS CLUBS LTD, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- a. WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COUNTY BUSINESS CLUBS SUSSEX LTDENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- b. COUNTY BUSINESS CLUBS SUSSEX LTD MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER, OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. COUNTY BUSINESS CLUBS SUSSEX LTD MAKES NO WARRANTY THAT (a) THE SERVICE OR ANY COUNTY BUSINESS CLUB WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, OR ANY COUNTY BUSINESS CLUB, WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY COUNTY BUSINESS CLUB, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
- c. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, COUNTY BUSINESS CLUBS SUSSEX LTD ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT COUNTY BUSINESS CLUBS SUSSEX LTD ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
- d. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
- e. WITHOUT LIMITING THE FOREGOING, COUNTY BUSINESS CLUBS SUSSEX’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO COUNTY BUSINESS CLUBS SUSSEX LTD IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
You agree to release, indemnify, and defend County Business Clubs Sussex Ltd Entities from all third-party claims and costs (including reasonable lawyers’ fees) arising out of or related to: i) your use of Service, ii) Your Content, iii) your conduct or interactions with other Members of the Service, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defence and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defence of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
You also agreed to release, indemnify, and defend your Members from all third-party claims and costs arising out or related to: i) your use of the Service, ii) Your Content, iii) your conduct or interactions with Members, or iv) your breach of any part of this Agreement.
10. Dispute Resolution, Arbitration, and Class Action Waiver
The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.
Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to firstname.lastname@example.org. If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration as described below.
The arbitrator’s award will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction. The arbitration costs, including arbitrator compensation, will be shared between you and us
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a county court located in England, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.
This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of local government agencies.
If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to email@example.com that includes your actual name and County Business Clubs user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
11. General Legal Terms
- a. Changes to these Terms.
- b. Governing Law and Jurisdiction.
You agree that County Business Clubs is operated in the United Kingdom. For any claims for which arbitration is inapplicable, you agree that such claims will be brought a in a court in the United Kingdom
- c. Use Outside of the United Kingdom.
County Business Clubs Sussex Ltd expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of the United Kingdom. If you use the Service outside of the United Kingdom, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.
- d. Export.
The Service is controlled and operated from our offices in Sussex. County Business Clubs software is subject to United States export controls. No software for County Business Clubs may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
- e. Applications and Mobile Devices.
If you access the Service through a County Business Clubs mobile application, you acknowledge that this Agreement is between you and County Business Clubs Sussex Ltd only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
- f. Survival.
The following provisions will survive expiration or termination of this Agreement: Sections 1(f)(Termination), 1(g)(Feedback), 2(b)-(c)(Your Content and Your Responsibilities for Your Content), 4(a)(Data) and 4(b)(Our Content and Materials), Section 5(c)(Representation and Warranty of Members), any outstanding payment obligations pursuant to Section 7(Premium Services) and Sections 8-11.
- h. Government End Users.
Any County Business Clubs software and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 (as applicable). Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202- 1 through 227.7202-4 (as applicable), the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to this Agreement.
- i. Assignment.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
- j. Electronic Communications.
You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
- k. Entire Agreement / Severability.
This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service, except as provided for in Section 7. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
- l. Interpretation.
In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favour as a result of its counsel’s role in drafting this Agreement.
- m. Notices.
All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via firstname.lastname@example.org. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
- n. Relationship.
This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
- o. Waiver.
No waiver of any terms will deem a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
- p. Further Assurances.
You agree to execute a hard copy of this Agreement and any other documents and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
- q. Contact.
Feel free to contact us at Administrator@countybusinessclubs.co.uk with any questions about these terms.
- r. Agreement to Terms.
- s. Changes to the Service.
We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.