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Please review the following Terms of Service:
Terms of Service Effective Date: July 30, 2024 Legal Notice BY ENTERING AND USING THIS WEBSITE OR REGISTERING AS A USER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THE PRIVACY POLICY AND ARE AFFIRMATIVELY INDICATING THAT YOU AGREE TO BE BOUND BY THEM. GENERALLY This website ("Site") is owned by [The Chief] ("we," "us," "our"). If we change, adjust, or modify the Terms of Use, we will notify all registered users by e-mail or otherwise. Registration Access to some of the content, services, and features on this Site requires users to register using the form provided. Each registered account is for a single user only and registration may require you to provide certain personally identifiable information, such as your name, e-mail address, street address, gender, and date of birth. You must be at least 13 years old to register. Our use of personally identifiable information is governed by the terms of our Privacy Policy. You represent that the information you have provided on the form is true, accurate, current, and complete and that you will maintain and promptly update the information to keep it so. We reserve the right to terminate the registration and deny access to all or a portion of this site to any person who violates the Terms of Use. Passwords You are responsible for maintaining the confidentiality of any usernames or passwords for your access to this Site and you agree not to allow any other person or entity to use your usernames or passwords. You will be responsible for all activity that occurs (whether by you or by others) under your user account or password. You agree to notify us immediately of any unauthorized use of your password or username or any other breach of security and to let us know if you wish to cancel a username or password. You also agree to exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change any username or password at any time and for any reason. You are prohibited from trying to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Use. We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of any user that is believed to violate these Terms of Use or any other federal, state, or local law or regulation. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF AN INVESTIGATION AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES. USE OF THIS SITE Our Intellectual Property This Site and the content on the Site is owned by us and third-party providers and is protected by U.S. and international copyright, trademark, and other intellectual property laws. This Site and the content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without our written permission, except that you may download, display, and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only. "Deep-linking," "embedding" or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this Site or the materials contained on this Site may violate applicable copyright, trademark, or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You may establish a hypertext link to this Site provided the link does not state or imply our sponsorship of the other site and further provided that you do not frame any of the content of the Site or incorporate into another website or other service any of our intellectual property. Content Submitted by You ("Submissions") "Submissions" means all comments, feedback, suggestions, e-mail, and similar information or materials you submit to us including comments to blogs, stories, and community forums, letters to the editor, manuscripts, articles, photographs, videos, artwork, or any other material. 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Online Conduct We encourage a free and open exchange of ideas in a climate of mutual respect. We do not control the messages or postings that are sent to the Site, but we, or third parties acting on our behalf, may monitor online conduct to enforce these Terms of Use. We reserve the right in our sole discretion, but do not assume any obligation, to refuse to post, remove, or edit any messages or postings sent to the Site. Any action by a user that infringes on another user's right to use and enjoy this Site is prohibited. We reserve the right to suspend or terminate your access to and use of this Site if, in our view, your conduct fails to meet any of our guidelines. You agree that under no circumstances will we be held liable to you, and we specifically disclaim any liabilities to you, for removing, disabling, or restricting access to or the availability of Submissions or content. It is a condition of your use that you do not: Use the Site for any unlawful purpose or to transmit any material that contains a virus, worm, Trojan horse, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications; Use the Site to encourage others to engage in illegal activities or activities that could cause injury to persons or property; Use the Site to upload, post, e-mail, transmit, or otherwise make available content that infringes any patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights of any party; Use the Site to upload, post, email, transmit, or otherwise make available content that is harmful to minors in any way, or that is harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable; Post any information that is false, misleading, or inaccurate or attempt to interfere with any other person's use of the Site; Solicit funds, advertisers, or sponsors, or advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting "pyramid" schemes, raffles or contests, displaying sponsorship banners, or soliciting goods or services) except as may be specifically authorized on this Site; Hold yourself out as sponsored by, endorsed by, or affiliated with us; Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site; or, Post hyperlinks to other sites containing content prohibited by the Terms of Use. To report a complaint, please use the Report Abuse button next to the content you wish to report. Online Commerce Some areas of our Site may allow you to purchase items or services from us or from third parties. We are not responsible for any interactions between you and third parties or for the timeliness, accuracy, or quality of items purchased from them. You should review the practices and policies prior to purchasing items from third parties as their practices and policies may differ from ours. When you purchase items or services from our Site, you may be subject to additional terms and conditions that specifically apply to the items you are purchasing. You are financially responsible for all purchases made by you or someone using your account. Fair Housing Act In accordance with the federal Fair Housing Act, we do not accept for publication any real estate listing that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, family status, or national origin. The federal Fair Housing Act prohibits real estate advertisements that indicate any preference, limitation or discrimination because of race, color, religion, sex, disability, familial status, or national origin. If you believe a real estate advertisement on this website states such a preference, limitation, or discrimination, please contact us. For further information on the Fair Housing Act, see https://portal.hud.gov/. Links to Other Sites Any links from this Site to other websites are provided for your information and convenience only. We do not assume any responsibility or liability with respect to any website linked from this Site (or any website linking to this Site). We do not review or monitor such links. A link from this Site to another website (or a link from another website to this Site) does not constitute a referral, endorsement, approval, advertising, offer, or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. The privacy policies of other sites may differ from ours so if you have questions about other sites’ privacy policies, please contact them directly. PAYMENT AND REFUND POLICY Effective Date: July 30, 2024 Auto Renewals All auto renewal subscriptions are set to auto-renew on the first day of each month. If the first falls on a holiday, the charge will be processed on the next business day. Subscription and Billing The Chief is a subscription-based publication. By purchasing a subscription, you agree to the following terms and conditions: Subscription Plans: We offer various subscription plans, which may include digital-only, print-only, or combined print and digital access. Details of the subscription plans, including pricing and features are available on our website. Payment: Payment for subscriptions must be made in advance. We accept payment via credit/debit card and other payment methods as specified on our website. By providing your payment information, you authorize us to charge the applicable subscription fees to your chosen payment method. Auto-Renewal: All auto renewal subscriptions are set to auto-renew on the first day of the month. If the first falls on a holiday, the charge will be processed on the next business day. It is the subscriber's responsibility to ensure that their payment method on file is up to date to avoid any interruptions in service Non-Refundable Subscriptions We do not offer refunds for monthly subscriptions. Once a subscription fee is charged, it is non-refundable, and the service will remain active until the end of the current billing period. Refundable Subscriptions Annual (1-year or 2-year) subscriptions can be canceled at any time, and you will receive a refund of the remaining subscription value on the account. Cancellation Policy If you wish to cancel your auto renewal subscription, you must notify us before the 1st of the month to avoid being charged for the upcoming month. Annual subscriptions may be canceled at any time. To cancel your subscription, you can either: Call us at 212-962-2690 Email us at subs@thechiefleader.com EXCLUSION OF WARRANTY ALL CONTENT AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. WE DO NOT WARRANT THAT THE CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OR SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE CONTENT AND SERVICES ON THIS SITE ARE FOR YOUR GENERAL INFORMATION ONLY AND ARE NOT INTENDED TO ADDRESS YOUR PARTICULAR REQUIREMENTS. NOTHING ON THIS SITE CONSTITUTES ANY FORM OF ADVICE, RECOMMENDATION, REPRESENTATION, ENDORSEMENT, OR ARRANGEMENT BY US OR IS INTENDED TO BE RELIED UPON BY YOU IN MAKING (OR REFRAINING FROM MAKING) ANY SPECIFIC INVESTMENT OR OTHER DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. LIMITATION OF LIABILITY IN NO EVENT WILL WE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE CONTENT, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE CONTENT, AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. INDEMNITY You agree to indemnify, defend and hold us and our affiliates, and our respective officers, directors, owners, agents, information providers, and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms of Use. You will cooperate as fully as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not, in any event, settle any matter without our written consent. COPYRIGHT ACT AGENT We respect the intellectual property rights of others and we prohibit users from posting to or through the Site or services any materials, content, or data that violates another party's intellectual property rights. When we receive a proper Notification of Alleged Copyright Infringement compliant with 17 U.S.C. § 512, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that a work protected by a U.S. copyright that you own has been posted on our Site without authorization you may send a written notification to our Designated Agent at: The Chief-Leader In accordance with the Digital Millennium Copyright Act, and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and services, or terminate the subscription of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement. MISCELLANEOUS These Terms of Use will be governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and us arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in New York County, New York. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. To the extent a translation of these Terms of Use differs from the English language version, the English language version controls. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. We may revise these Terms of Use at any time by updating this posting. DIGITAL MILLENNIUM COPYRIGHT ACT Effective Date: July 30, 2024 COPYRIGHT POLICY Reporting Copyright Violations If you believe in good faith that materials hosted by The Chief infringe your copyright, you (or your agent) may send The Chief a notice requesting that the material be removed or access to it blocked. The notice must include the following information: A physical or electronic signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work(s) claimed to have been infringed; Identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Chief to locate the material (e.g., the URL or other location on our Site); Information reasonably sufficient to permit The Chief to contact you, such as your address, telephone number, and, if available, e-mail address; A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Notices and counter-notices with respect to the Site should be sent to The Chief COUNTER-NOTICES If material that you have posted to the Site has been taken down, you may file a counter-notice with The Chief's DMCA agent, at the address set forth above. The counter-notice must include the following information: Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and Your name, address, telephone number, and, if available, e-mail address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which The Chief may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person. If The Chief receives a valid counter-notice, it may reinstate the removed or disabled material in accordance with the DMCA. We collect information from you in several different ways on this Site, including the following: Registration and Account Information: When you register with us, you will be asked to provide certain information, such as your name, address, e-mail address, telephone number, and other information related to your account. Payment Information: When you make a purchase, we collect payment information necessary to process the transaction, such as your payment card information, billing address, and other payment details. Usage Information: We collect information about your interactions with our Site, such as the pages you visit, the links you click, and the searches you conduct. Device Information: We collect information about the device you use to access our Site, including the hardware model, operating system and version, unique device identifiers, and mobile network information. Cookies and Similar Technologies: We use cookies and similar technologies to collect information about your usage of our Site and to provide you with a more personalized experience. HOW WE USE THE INFORMATION WE COLLECT We use the information we collect for the following purposes: To provide and maintain our services; To process your transactions and manage your account; To communicate with you, including sending you updates, newsletters, and promotional materials; To improve and personalize your experience on our Site; To analyze and understand how our Site is used; To comply with legal obligations and protect our rights and interests. SHARING YOUR INFORMATION We may share your information with third parties in the following circumstances: With your consent; With service providers who perform services on our behalf; To comply with legal obligations or respond to legal process; To protect our rights and interests or the rights and interests of others; In connection with a business transaction, such as a merger, acquisition, or sale of assets. YOUR CHOICES You have certain choices regarding the information we collect and how it is used: You can update or correct your account information at any time by logging into your account; You can opt-out of receiving promotional communications from us by following the unsubscribe instructions provided in those communications; You can disable cookies in your browser settings, although this may affect your ability to use certain features of our Site. SECURITY We take reasonable measures to protect the information we collect from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. CHILDREN'S PRIVACY Our Site is not intended for children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. CHANGES TO THIS PRIVACY POLICY We may update this Privacy Policy from time to time. If we make significant changes, we will notify you by posting a notice on our Site or by other means as required by law. Your continued use of our Site after such changes take effect will constitute your acceptance of the changes. CONTACT US If you have any questions or concerns about this Privacy Policy or our information practices, please contact us at: The Chief, 277 Broadway, STE 210, New York, NY 10007 Thank you for visiting The Chief.
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