Terms and Conditions of Use

THIS IS A BINDING AGREEMENT

HamptonRoadsOnline.com ("the Site") is owned and operated by Dot Commerce, Inc. ("the Company") which offers you a wide range of products and services ("Materials" or "Services") via this web site. 

Attention: By using this Site, you agree to be bound by these Terms and Conditions of Use ("the Agreement"), whether or not you register as a member of HAMPTONROADSONLINE.COM.  If you object to anything in this Agreement or the HAMPTONROADSONLINE.COM Privacy Policy, you must exit the Site immediately.  This Site and these Terms and Conditions may be changed by HamptonRoadsOnline.com with or without notice and your continued use of the Site after any such change is posted will constitute your acceptance of such changes..

Terms and Conditions

All information and services on this worldwide web site (together with the underlying HTML source files that implement the hypertext features) may be used solely in compliance with the following Terms and Conditions. Dot Commerce,Inc., the parent company of Hamptonroadsonline.com, may revise these Terms and Conditions at any time by updating this posting. Your continued use of the Hamptonroadsonline.com web site constitutes your binding and continued acceptance of these Terms and Conditions as amended.

By using this Site, you represent that you are at least eighteen (18) years of age.  Your participation in or membership on this Site is void where prohibited.  If you use this Site you automatically represent and warrant that you have the right, authority and capacity to enter this Agreement and to abide by all its terms and conditions.

Use of Materials

The contents of this Site, (including text, graphics, images, logos, button icons, HTML code, software, intellectual property and other Material) and the compilation (meaning the collection, arrangement and assembly) of all content on this Site are the property of Dot Commerce, Inc., its content suppliers or clients and are protected by U.S. and international copyright laws.  Except for that information which is in the public domain or for which you have express permission to use, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of the information contained on the Site.

The use of Site's Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other applicable federal, state or local laws. You may use, view, print and/or download one copy of the Materials from this Site on any single computer solely for your personal, informational, non-commercial use within your organization, provided you keep intact all copyright and other proprietary notices. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission from Dot Commerce,Inc.  By using the Site, you represent and warrant that you will use it for any purpose that is unlawful or prohibited by this Agreement.

Privacy Policy

Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

User Submissions and Conduct

As a user, you are solely responsible for your own communications and are responsible for the consequences of their posting. You acknowledge that any reliance on material posted by other users will be at your own risk. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials publicly posted or privately transmitted are the sole responsibility of the originator or person from which such material emanates.  You also permit any subscriber or user to access, display, view, store and reproduce such content for personal use.  HAMPTONROADSONLINE.COM does not (1) guarantee the accuracy, completeness or usefulness of any information provided on the Site or (2) adopt, endorse or accept responsibility for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to any subscriber to the Site.

When you post a listing, upload a file or otherwise provide us with material for display on the web site, you are granting HAMPTONROADSONLINE.COM a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. Any hyperlinks contained in a posting submitted by a user will be disabled when posted on the Site.

You must not, and by using this web site you represent and warrant that you will not:

(1) post material that is obscene, sexually oriented, defamatory, threatening, harassing, abusive, racially offensive hateful, illegal or embarrassing to another user or any other person or entity;
(2) post a sexually-explicit image or statement;
 (3) impersonate another person, including, but not limited to an HAMPTONROADSONLINE.COM official, or falsely state or misrepresent your affiliation with a person or entity;
(4) post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(5) post, email, or transmit any material that you do not have a right to make available under any law or contractual or fiduciary relationships;
(6) post, email, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(7) post material that is copyrighted, unless you are the copyright owner or have the express permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(8) harm minors in any way; or
(9) stalk or otherwise engage in any conduct that harasses another.

User Information

The Site acts solely as a passive conduit for the on-line distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and expressly disclaims responsibility for screening or monitoring material posted by users. If notified of communications which allegedly do not conform to the Terms and Conditions governing this Site, the Company may investigate and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

To use certain features of the Site, you must register with HAMPTONROADSONLINE.COM and create a username and password through the Site's registration process. When you register you agree (a) to provide true, accurate, current and complete information about yourself, and (b) to maintain and promptly update the information you provide. You are responsible for (1) maintaining the confidentiality of your password and account information  (2) monitoring all activities that occur under your password or account and ensuring that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. . The Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. If you provide or HamptonRoadsOnline.com has reasonable grounds to believe you have provided untrue, inaccurate or incomplete information, HamptonRoadsOnline.com has the right to suspend or terminate your access to the Site.

In order to use the Site's services you will be required to provide a valid email address. In addition to the terms and conditions set forth in the Privacy Policy on this Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by HamptonRoadsOnline.com or by third parties. Please see our Privacy Policy for further details regarding our use of your account information.

Except for any disclosure by you for technical support purposes or as specified in our Privacy Policy, all communications from you to this Site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to HamptonRoadsOnline.com will be deemed the property of the Company and the Company shall be entitled to full rights of ownership, including, without limitation, unrestricted right to use or disclose such feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation.

Termination and Agreement Components

a. The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer.

b. This Agreement may be terminated:
i. by either party by giving the other party thirty (30) days prior written notice (subject to an early cancellation fee payable by Customer as provided below);
ii. by HAMPTONROADSONLINE.COM in the event of nonpayment by Customer; and
iii. by HAMPTONROADSONLINE.COM, at any time, without notice, if, in HAMPTONROADSONLINE.COM's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of this Agreement and related agreements, or Customer's use of the Services disrupts or, in HAMPTONROADSONLINE.COM's sole and absolute discretion and/or judgment, could disrupt, HAMPTONROADSONLINE.COM's business operations.

c. If you cancel this Agreement prior to the end of the Initial Term or any Term thereafter:
i. you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;
ii. HAMPTONROADSONLINE.COM shall refund to you all pre-paid fees for basic advertising services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees and any discount applied for prepayment; and
iii. you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic advertising fees as provided in (ii) above).  Any cancellation request shall be effective thirty (30) days after receipt by HAMPTONROADSONLINE.COM, unless a later date is specified in such request.

d. HAMPTONROADSONLINE.COM may terminate this Agreement at any time:
i. if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable; or
ii. immediately by giving written notice to Customer, if HAMPTONROADSONLINE.COM determines in good faith that Customer's use of the Customer Web site or the Customer Content violates any term or condition. If HAMPTONROADSONLINE.COM cancels this Agreement prior to the end of the Term for your breach of this Agreement and related agreements, HAMPTONROADSONLINE.COM shall not refund to you any fees paid in advance of such cancellation and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term and HAMPTONROADSONLINE.COM shall have the right to charge you an administrative fee of $50.00.

e. Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other legal or equitable rights or remedies to which HAMPTONROADSONLINE.COM may be entitled.

f. HAMPTONROADSONLINE.COM reserves the right to refuse to publish any information at any time for any reason.  Further, we have the right to remove any information already published if, in our sole discretion it is in violation of any of these terms or is in any way not in keeping with the spirit of this website. (spirit of this website is solely determined by HAMPTONROADSONLINE.COM)

Linking

Certain links on this Web site lead to resources located on servers that are not maintained by Dot Commerce, Inc. or under its control. Dot Commerce, Inc. is not responsible for the content displayed on any such referenced Web sites or for the availability of access to such linked Web sites.  You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of, or reliance upon, and such Content, goods or services available on or through any such linked site.

Copyright and Trademark Notice

Dot Commerce, Inc. or its licensor owns the copyright in all of the content comprising this Site, unless otherwise indicated. By accessing and using this Web site, you agree to abide by U.S. and international copyright law and all other applicable laws. You may access this Web site and retrieve content that contains Dot Commerce, Inc.'s copyright notice, store such content on your own computer, and print one copy of such Content for noncommercial, personal, or educational purposes only, provided that you (1) do not modify, distribute, or transmit such content and (2) include any copyright notice originally appearing with such content. Permission may be needed for other content not marked with Dot Commerce, Inc.'s or any copyright notice. You may cite or refer to the URL of this Web site without limitation.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, endorsement or sponsorship of that product, service, or process by Dot Commerce, Inc.
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Dot Commerce, Inc.or any third party, except as expressly granted herein.

Limitation of Liability

   IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY MENTIONED ON THE SITE BE LIABLE FOR ANY COSTS, DAMAGES OR EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT OF THE SITE OR SECURITY OR PRIVACY BREACHES RELATED TO THE OBLIGATIONS OF THE COMPANY, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE COMPANY SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00.  Remedies under this Agreement are exclusive and are limited to those expressly specified in this Agreement.

Disclaimer of Warranties

  Neither the Company nor its employees, agents, third party information providers, merchants, licensors or the like warrant that the content of the Site or its operation will be accurate, complete, uninterrupted, error-free, secure, private, available, or reliable. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Dot Commerce, Inc.. Dot Commerce, Inc. is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Dot Commerce, Inc.
The inclusion of material on this server does not imply any endorsement by Dot Commerce, Inc., which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Dot Commerce, Inc. tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

without limiting the foregoing, everything on the Site is provided "as is" and "as available" with no warranty of any kind, either express or implied, about the accuracy of the information contained on the site, reliability, completeness or timeliness of the site's content.  The company expressly disclaims all warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Indemnification

   You agree to indemnify and hold the Company and its officers, directors, employees, agents, contractors, affiliates, partners, licensors and suppliers harmless from any loss, liability, claim, action, demand or settlement, including without limitation, reasonable attorney or accounting fees made by any third-party, due to or arising out of your use of the Site in violation of this Agreement and/or any breach of this Agreement or any of the representations or warranties set forth above.

General Provisions

The federal laws of the United States and the laws of the Commonwealth of Virginia shall govern all matters relating to your access and use of this Site and any dispute arising therefrom. These Terms and Conditions are governed by the internal substantive laws of Virginia, without respect to its conflict of laws principles.  Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the courts of the state of Virginia and venue shall rest solely in the state and federal courts of the state of Virginia and the county of Norfolk.

If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside or access this site.

EXCEPT AS EXPRESSLY PROVIDED IN ADDITIONAL AREAS OF THE SITE THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO ITS USE. REVISIONS TO THESE TERMS AND CONDITIONS SHALL BE IMMEDIATELY ANNOUNCED IN THIS DOCUMENT. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

Order Cancellation Policy

Please submit any cancellation via email to webmaster@dotcommerceinc.com
Email cancellations must contain the following: First name, last name, order number, and email address. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions in regards to canceling your order.
Every effort will be made to accommodate the cancellation of your order, providing your order has not been charged and/or information published on the Internet.  In the event that a cancellation was submitted (via email ), and your order was published for a period of 15 days, we will gladly refund the prorated balance charged for that month. However, if the cancellation was documented as received after the order was published and available online for more than 15 days, we will not refund any payments for that month.  We will however, refund any payments for advertisements which have not yet been published.

If you have any questions regarding the Terms and Conditions for this web site, or to report a suspected violation of user conduct and submission policies please
contact HAMPTONROADSONLINE.COM .

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