Terms & Conditions
Shop Southwest Valley Program Information & Rules
The Shop Southwest Valley program is a product of the Southwest Valley Chamber of Commerce designed to encourage those living in and around the Avondale, Goodyear, Litchfield Park, and Tolleson communities to Shop Local. This program will feature local businesses who elect to offer promotional deals to consumers who opt into the program.
In order to participate in the program, businesses must opt-in to the program and agree to the following Terms & Use.
1. ACCEPTANCE OF TERMS
Shop Southwest Valley and the Southwest Valley Chamber of Commerce provides a collection of online resources, including website(s), coupon ads, forums, business listings, various social media platforms, SMS text message, and email services, available on or through Shop Southwest Valley (referred to hereafter as “the Service”) and is subject to the following Terms of Use. By using the Service in any way, you are agreeing to comply with the Terms of Use. In addition, when using particular Shop Southwest Valley online resources, you agree to abide by any applicable rules, guidelines, or request made by Shop Southwest Valley and the Southwest Valley Chamber of Commerce, which may change from time to time. Should you object to any term, condition, guideline(s), current or future request(s), or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
3. CONTENT
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) provided to, posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you provide, email or otherwise make available to the Shop Southwest Valley and Southwest Valley Chamber of Commerce. Likewise, if you imply consent that Shop Southwest Valley and the Southwest Valley Chamber of Commerce may post content on your behalf, either by written or oral means, you are equally responsible for the Content. You waive any and all claims against Shop Southwest Valley and the Southwest Valley Chamber of Commerce of a right of publicity for your image, content or likeness throughout the internet or other means by posting any information or pictures of yourself or your business on Shop Southwest Valley and the Southwest Valley Chamber of Commerce. You understand that Shop Southwest Valley and the Southwest Valley Chamber of Commerce does not control, and is not responsible for Content made available through the Service, and while we try to screen the information published on our sites, that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you provide Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By providing Content to the Shop Southwest Valley and the Southwest Valley Chamber of Commerce, you automatically grant, represent and warrant that you have the right to grant, to the Shop Southwest Valley and the Southwest Valley Chamber of Commerce an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, Shop Southwest Valley and the Southwest Valley Chamber of Commerce and Content available through the Service may contain links to other websites, which are completely independent of Shop Southwest Valley and the Southwest Valley Chamber of Commerce. Shop Southwest Valley and the Southwest Valley Chamber of Commerce makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Under no circumstances will Shop Southwest Valley and the Southwest Valley Chamber of Commerce be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Shop Southwest Valley and the Southwest Valley Chamber of Commerce does their best to pre-screen or approve Content in advance, but the Shop Southwest Valley and the Southwest Valley Chamber of Commerce shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms of Use or for any other reason.
5. THIRD PARTY CONTENT, SITES, AND SERVICES
Shop Southwest Valley and the Southwest Valley Chamber of Commerce and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Shop Southwest Valley and the Southwest Valley Chamber of Commerce, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. We do not guarantee the quality, safety or legality of any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the business to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services.
You agree that Shop Southwest Valley and the Southwest Valley Chamber of Commerce shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that Shop Southwest Valley and the Southwest Valley Chamber of Commerce is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release Shop Southwest Valley and the Southwest Valley Chamber of Commerce, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
6. DESIGN/DISTRIBUTION OF SERVICES/COPYRIGHT/TRADEMARKS
We reserve the sole right to determine (and may change at any time without notice to you) the design, content, size, geographic coverage, distribution, and appearance of, and the types of advertising offered on any digital platform and how, where, how many, when, and whether they are published, distributed, reissued, or displayed. We may reject all or any portion of your Content at any time and for any reason (even if previously approved). If we receive allegations of copyright or trademark infringement, we will remove the disputed content immediately. We may change the business name, street address, website, and telephone number or any other content to conform to our standards, practices and policies or the policies of any third party on whose site, platform or network any Content is published. We do not guarantee the placement or position of any ad for any Content unless otherwise specified. If we create or supply any content for your use with your Content, the content we create is our sole and exclusive property unless otherwise stated in writing or electronic communication by us. This also includes any content we license from a third party. You understand that we may supply such content or similar content to our other clients. You agree that you have no right to use this content without our written permission.
7. PRIVACY AND INFORMATION DISCLOSURE
Shop Southwest Valley and the Southwest Valley Chamber of Commerce may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by Shop Southwest Valley and the Southwest Valley Chamber of Commerce Privacy Policy.
8. CONDUCT
You agree not to provide, post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
that impersonates any person or entity, including, but not limited to, a Southwest Valley Chamber of Commerce employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
that includes personal or identifying information about another person without that person’s explicit consent;
that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if: posted in areas of Shop Southwest Valley which are not designated for such purposes;
or emailed to Shop Southwest Valley users who have not indicated wither electronically or in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by the Southwest Valley Chamber of Commerce;
provide irrelevant Content, repeatedly provide the same or similar Content or otherwise impose an unreasonable or disproportionately large load on the Shop Southwest Valley program;
or use any form of automated device or computer program that enables the submission of Content on Shop Southwest Valley without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Shop Southwest Valley, Southwest Valley Chamber of Commerce, users, and/or local business through the Shop Southwest Valley program is expressly prohibited by these Terms of Use. Any unauthorized use of Shop Southwest Valley or the Southwest Valley Chamber of Commerce’s website is a violation of the Terms of Use and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
Shop Southwest Valley and the Southwest Valley Chamber of Commerce may charge a fee to post Content. Persons providing Content to the Service is responsible for said Content and compliance with the Terms of Use. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms of Use and in the event the Content not posted on the date/time requested. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
11. LIMITATIONS ON SERVICE
You acknowledge that Shop Southwest Valley and the Southwest Valley Chamber of Commerce may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, SMS messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may utilize the Service. You agree that Shop Southwest Valley and the Southwest Valley Chamber of Commerce has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Shop Southwest Valley and the Southwest Valley Chamber of Commerce reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Shop Southwest Valley and the Southwest Valley Chamber of Commerce shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Southwest Valley Chamber of Commerce. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Southwest Valley Chamber of Commerce, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Shop Southwest Valley and the Southwest Valley Chamber of Commerce, as well as certain other of the names, logos, and materials displayed on Shop Southwest Valley and the Southwest Valley Chamber of Commerce, constitute trademarks, trade names, service marks or logos (“Marks”) of Shop Southwest Valley and the Southwest Valley Chamber of Commerce or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with Shop Southwest Valley and the Southwest Valley Chamber of Commerce or those other entities.
Although Shop Southwest Valley and the Southwest Valley Chamber of Commerce does not claim ownership of content that its users post, by providing Content, you automatically grant, and you represent and warrant that you have the right to grant, to Shop Southwest Valley and the Southwest Valley Chamber of Commerce an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Shop Southwest Valley and the Southwest Valley Chamber of Commerce all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
13. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE SHOP SOUTHWEST VALLEY AND THE SOUTHWEST VALLEY CHAMBER OF COMMERCE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SHOP SOUTHWEST VALLEY AND THE SOUTHWEST VALLEY CAHMBER OF COMMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF SHOP SOUTHWEST VALLEY OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF SHOP SOUTHWEST VALLEY OR THE SERVICE, FROM INABILITY TO USE SHOP SOUTHWEST VALLEY OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF SHOP SOUTHWEST VALLEY OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH SHOP SOUTHWEST VALLEY OR THE SERVICE OR ANY LINKS ON SHOP SOUTHWEST VALLEY AND THE SOUTHWEST VALLEY CHAMBER OF COMMERCE OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH SHOP SOUTHWEST VALLEY AND THE SOUTHWEST VALLEY CHAMBER OF COMMERCE OR THE SERVICE OR ANY LINKS ON SHOP SOUTHWEST VALLEY. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
14. INDEMNITY
You agree to indemnify and hold Shop Southwest Valley and the Southwest Valley Chamber of Commerce, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
15. GENERAL INFORMATION
The Terms of Use, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and Shop Southwest Valley and the Southwest Valley Chamber of Commerce and governs your use of the Service, superseding any prior agreement between you and Shop Southwest Valley and the Southwest Valley Chamber of Commerce. The failure of Shop Southwest Valley and the Southwest Valley Chamber of Commerce to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. THIRD PARTY VENDORS
We may have third party vendors who assist us in providing or administering various parts of the Shop Southwest Valley Program. You grant us and our third-party vendors or service provider’s specific permission to provide, administer, monitor, track and access your Content for any administrative purposes we deem appropriate. In addition, we have full flexibility to modify our vendor relationships at any time. We are under no obligation to disclose our third-party vendors or the services they provide
17. COOKIES
We employ the use of cookies on our websites. By using Shop Southwest Valley and the Southwest Valley Chamber of Commerce website’s you consent to the use of cookies in accordance with Shop Southwest Valley and the Southwest Valley Chamber of Commerce’s privacy policy.
Most of the modern-day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
18. ADDITIONAL AGREEMENT(S)
Fees: Membership/Subscription: Prices are provided Shop Southwest Valley and the Southwest Valley Chamber of Commerce at the time of purchase and are subject to change. All payments are paid upfront at the beginning of the 30-day billing cycle. All yearly payments are paid upfront at the beginning of the 365-day billing cycle. Payments are automatically deducted from the account on file each billing cycle.
Length of Contract: This Agreement is valid up to and until you cancel my account.
Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, the Southwest Valley Chamber of Commerce may attempt to contact me to determine updated account information. Shop Southwest Valley and the Southwest Valley Chamber of Commerce will wait thirty (30) days before canceling my membership/subscription. If you do not pay all charges by the due date or fail to meet any other obligation under this agreement, we may, without notice remove, suspend, or modify your Content without liability and recover all collection costs and legal fees, and pursue any other available legal or equitable remedies. You agree that we may report to credit reporting agencies your failure to make payments as required by this agreement.
Termination: You may request termination of this agreement at any time by providing a 30-day notice of intent to cancel. Termination will take effect upon the end of the last day of the next billing cycle. Shop Southwest Valley and the Southwest Valley Chamber of Commerce may terminate this agreement at will. In the event Shop Southwest Valley and the Southwest Valley Chamber of Commerce terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.