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Web
Site Terms of Use
Welcome to the web site of Southern California Minority
Business Development Council, Inc. (SCMBDC). Please read this page carefully.
SCMBDC provides this web site to you subject to the following terms of use
(“Terms”).
BY ACCESSING, BROWSING AND USING THIS
WEB SITE YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS. IF
YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS
WEB SITE. IF YOU AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD VISIT THIS
PAGE PERIODICALLY TO REVIEW THEM AS SCMBDC RESERVES THE RIGHT TO CHANGE THE
TERMS FROM TIME TO TIME AND ANY SUCH CHANGES SHALL BE BINDING ON YOU.
1. Southern California Minority Business Development
Council, Inc.
Southern California Minority Business Development Council, Inc. (SCMBDC) is
a 501(C)(3) Non-Profit Public Benefit Corporation established in 1975. SCMBDC
was formerly known as Southern California Regional Purchasing Council, Inc.
The company was initially funded from a grant from the Federal Department of
Commerce. However, since 1980, SCMBDC has been totally supported by the private
sector. The mission of SCMBDC is to support and develop minority business enterprises
to compete and succeed in the open market.
SCMBDC is one of 38 Regional Councils in the National Minority Supplier Development
Council, Inc. (NMSDC) network. It has a membership of approximately 200 corporate
members. As a result of its affiliation with NMSDC, the network provides extended
outreach and access to more than 3500 corporations and 1500 Certified Minority
Owned Businesses throughout the nation.
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2. Privacy Policy.
Because of the nature of information available on the world wide web, SCMBDC
is sensitive to the right of privacy of its Member Companies, SCMBDC/NMSDC
certified Minority Business Enterprises (MBEs), and the general public while
accessing this web site and utilizing SCMBDC services. Please take the opportunity
to review our Privacy Policy.
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3.
Copyright.
You acknowledge that this web site and any underlying technology used in connection
with this web site and all software, material, information, communications,
texts, graphics, links, electronic art, animations, audio, video, photos and
other data (collectively the “Content”) available within this web
site is provided by SCMBDC and third party providers and are the copyrighted
works of SCMBDC and/or such third parties as designated. Except as expressly
authorized by SCMBDC or such third parties in these Terms, or as may be posted
on this web site, you may not copy, reproduce, publish, distribute, modify,
create derivatives works of, rent, lease, sell, transfer, display, transmit,
compile or collect in a database in any manner or commercially exploit any
part of the Content in whole or in part. You may not store any significant
portion of any Content owned by or licensed to SCMBDC in any form whether archival
files, computer-readable files, or any other medium. You also may not “mirror” any
Content on any other server.
SCMBDC encourages you to download and print a reasonable number of copies of
Content for noncommercial personal use only; provided that (i) any permitted
copies of Content contain, in an unmodified form, any copyright or other proprietary
right notices contained in the Content and an original source attribution to
the SCMBDC; and (ii) no modification of any of the Content is made except as
may be expressly approved by SCMBDC or the third party provider on the web
page containing the applicable Content. You acknowledge that SCMBDC and/or
third party providers remain the owners of the Content and that you do not
acquire any intellectual property rights in such Content by downloading or
printing the Content.
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4.
User Content.
Any material, information, company profile, communications, text, graphics,
links, electronic art, animations, audio, video, photos, or other data (collectively
the “User Content”) that you upload to or otherwise make available
to SCMBDC, including any company profile or information, is and remains your
sole property or the property of your licensors. By uploading or otherwise
making available any User Content, you automatically grant and/or warrant that
the owner of such User Content has granted SCMBDC, for the sole purpose of
displaying, publishing, distributing and/or otherwise transmitting the User
Content through SCMBDC, the perpetual royalty-free, non-exclusive right and
license to use, reproduce, modify, publish, distribute, perform and display
the User Content through SCMBDC.
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5.
Access By Corporate Members.
Corporate Members in good standing with SCMBDC are granted access to the private
areas of the web site with use of a user name and password supplied by SCMBDC.
SCMBDC reserves the right to change or modify any user name and password supplied
to its Members at any time. The Members have access to contact information
gathered from Certified Minority Business Enterprises (MBEs) and contact information
to other Corporate Members in good standing on a read-only basis.
Corporate Members have the ability to access their own contact information
and corporate profile and to modify any formatted information on a read and
write basis.
Corporate Members have the ability to submit information to SCMBDC on line
in response to surveys, event registration and other program information.
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6.
Access By Minority Business
Enterprises.
MBEs who have been granted certification or reciprocal certification by SCMBDC
are granted access to private areas of the web site through the use of a user
name and password supplied by SCMBDC. SCMBDC reserves the right to change or
modify the user name and password supplied to its Certified MBEs at any time.
The MBEs have access to Corporate Member Contact information on a read only
basis. MBEs have the ability to access their own contact information and company
profile and to modify any formatted information on a read and write basis.
MBEs have the ability to submit information on line in response to surveys,
advanced registration and other program information.
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7.
Public Visitors.
Public visitors have the ability to submit information to SCMBDC in response
to surveys, event registration, program information and certification information
on a write-only basis. Public visitors have the ability to read all public
areas of the web site. Public areas are defined as those pages that have direct
public visible links to them from the home page and any subsequent pages that
are not deemed private areas requiring the use of a user name and password
for access on a read-only basis.
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8.
Links.
Some links on this web site may lead to sites posed by independent site owners.
Because SCMBDC has no control over such sites, SCMBDC is not responsible for
the accessibility of such sites via the Internet, and except where specifically
noted, does not endorse the products, services, or information provided by
such sites. As such, SCMBDC shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with, use or reliance on any such content, goods or services available
on or through any such site. Furthermore, the inclusion of these links to other
sites does not imply that the other sites have given permission for inclusion
of these links, or that there is any relationship between SCMBDC and the linked
sites. SCMBDC is an independent operating company and reference to other companies
on this web site does not imply any partnership, joint venture, or other legal
relationship where SCMBDC would be responsible for the actions of such companies.
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9.
Conduct.
You may only access this web site for lawful purposes. You are solely responsible
for the knowledge of and adherence to any and all laws, statues, rules and
regulations pertaining to your use of this web site, including any community
standards. You agree that you will not: (i) use this web site to commit a criminal
offense or to encourage conduct that would constitute a criminal offense or
give rise to a civil liability, or otherwise violate any local, state, federal
or international law or regulation, including, but not limited to, export control
laws and regulations; (ii) upload, post, e-mail or otherwise transmit any unlawful,
threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic,
profane, or otherwise objectionable User Content; (iii) upload, post, e-mail,
or otherwise transmit any User Content that you do not have a right to transmit
under any law or contractual or fiduciary patent, trademark, trade secret,
copyright, or other proprietary rights of any party; (v) alter, damage or delete
any Content or other communications that are not your own or to otherwise interfere
with the ability of others to access or use this web site; (vi) disrupt the
normal flow of communication in any community or otherwise act in a manner
that negatively affects other users’ ability to engage in real-time exchanges;
(vii) claim a relationship with or to speak for any individual, business, association,
institution or other organization for which you are not authorized to claim
such a relationship; (viii) upload, post, e-mail or otherwise transmit any
unsolicited advertising, promotional materials, or other forms of solicitation
to other users including, without limitation, “junk mail,” “spam,” “chain
letters,” or “pyramid schemes”; (ix) interfere with or disrupt
this web site or servers or networks connected to this web site, or disobey
any requirements, procedures, policies or regulations of networks connected
to this web site; (x) collect or store personal data about other users; (xi)
reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit
for any commercial purposes, any portion of this web site, use of this web
site, or access to this web site; (xii) impersonate another person; or (xiii)
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.
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10.
Disclaimer of Warranty.
SCMBDC relies on information supplied to it from MBEs,
member companies, and other third party sources placed on this web site.
Every effort is made to insure the accuracy of all information.
SCMBDC, HOWEVER, DOES NOT WARRANT THAT THIS WEB SITE WILL OPERATE ERROR-FREE
OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THIS WEB SITE RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, SCMBDC IS NOT RESPONSIBLE FOR THOSE COSTS.
SCMBDC PROVIDES THAT THIS WEB SITE IS ON AN “AS IS,” “AS
AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT WILL SCMBDC OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL
OR CONSEQUENTIAL DAMAGES (EVEN IF SCMBDC HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS THIS WEB
SITE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS,
LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, INACCURATE
INFORMATION, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO SCMBDC’S RECORDS, PROGRAMS, OR SERVICES. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES, SCMBDC’S LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
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11.
Indemnification.
You agree to indemnify and hold SCMBDC and its affiliates, officers, agents,
partners, and employees, harmless from any claim or demand, including reasonable
attorney’s fees, made by any third party due to or arising out of User
Content you submit, post to, e-mail or otherwise transmit through this web
site or your breach of these Terms. SCMBDC shall provide notice to you promptly
of any such claim or demand and shall assist you, at your expense, in defending
any such claim or demand.
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12. Modifications to
This Web site.
SCMBDC reserves the right at any time, and from time to time, to modify or
discontinue, temporarily or permanently, this web site (or any part thereof)
with or without notice. You agree that SCMBDC will not be liable to you or
any third party for any modification, suspension or discontinuance of this
web site.
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13.
Changes to These Terms.
SCMBDC reserves the right to modify these Terms at any time. Any modifications
shall be effective upon the posting by SCMBDC of the modified Terms at www.scmbdc.org.
You agree to review these Terms periodically so that you are aware of any modifications.
Your continued use of this web site shall be deemed your acceptance of the
modified Terms.
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14.
Comments and Support.
SCMBDC welcomes your comments with respect to this web site and the services
provided by SCMBDC in an effort to provide a service relevant to your interests.
However, SCMBDC may not be able to respond to your feedback and is not obligated
to implement any suggestions. Any feedback and/or suggestions you provide to
SCMBDC will be considered non-confidential and non-proprietary and may be used
by SCMBDC in connection with this web site or the services provided by SCMBDC
in connection with this web site or the services provided by SCMBDC. For questions
concerning the services provided by SCMBDC or this web site, please e-mail
SCMBDC at www.scmbdc.org.
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15.
General.
By accessing this web site, you agree to the above stated Terms. This Agreement
is entered into in the State of California, USA, and shall be construed in
accordance with the laws of the State of California, USA, exclusive of its
choice of law rules. Each party to these Terms submits to the exclusive jurisdiction
of the state and federal courts having jurisdiction in the State of California,
USA, and waives any jurisdictional venue or inconvenient forum objections to
such courts. In any action to enforce these Terms, the prevailing party will
be entitled to reasonable attorneys’ fees and costs. In the event that
any provisions of these Terms are held to be unenforceable, such provisions
shall be limited or eliminated to the minimum extent necessary so that these
Terms shall otherwise remain in full force and effect. These Terms and any
posted guidelines or rules concerning the use of this web site constitute the
entire understanding between the parties pertaining to the subject matter hereof,
and any prior written or oral agreements between the parties are expressly
canceled.
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