Membership Click Wrap Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. On behalf of yourself and any business entity or sole proprietorship over which you are employed, have authority or control (collectively referred to as “You” or “Your”), by clicking “I Agree,” You agree to be bound by the following membership agreement (“Agreement”). You agree that You are submitting an application to become a member of Business Networks of America, LLC d/b/a Charlotte Business Group (“CBG”), whereby, if accepted by CBG, CBG would offer certain opportunities to You, including but not limited to the attendance at events, participation in events, networking opportunities, and other similar opportunities.
In the event You are notified by CBG that it has approved Your application to become a CBG member, the terms of this Agreement apply to all aspects of Your relationship with CBG. You shall defend, indemnify, and hold CBG, its owners, employees, agents, and assigns harmless for any and all claims, actions, damages, losses, liabilities, and expenses, including attorney fees and costs expended, arising out of or related to this Agreement, arising out of or related to your membership with CBG, and arising out of or related to any CBG event you attend, that are related in any way to your own negligent or intentional conduct. This indemnification provision includes Your payment of CBG’s reasonable attorney fees in the event CBG is required to exercise its rights hereunder. In addition, You acknowledge and agree that CBG is not responsible for monitoring the consumption of alcohol by You, Your guests, or anyone else at a CBG event and that You shall also indemnify CBG for any alcohol-related claims against CBG.
You agree that, to the fullest extent permitted by law, CBG’s maximum total liability for any claims, breaches or damages by reason of any act or omission, including breach of contract and negligence, shall be limited solely to the dollar amount of the membership fees paid by You to CBG. You agree that, to the fullest extent permitted by law, CBG shall not be liable for any claims for punitive damages, consequential damages, emotional distress, mental anguish, lost profit, loss of enjoyment, lost revenues and/or replacement costs. You hereby grant CBG a non-exclusive, perpetual license to exhibit, reproduce, publish, display, and utilize all photographs or video taken by CBG or its affiliates or contractors during any CBG event, to assist CBG in advertising itself to the public.
This Agreement shall continue in perpetuity. This agreement shall be governed by the laws of the State of North Carolina, and any disputes arising under this agreement shall be adjudicated in Mecklenburg County, North Carolina. Neither the waiver by CBG of a breach of or a default under any of the provisions of the Agreement, nor the failure by CBG, on one or more occasions, to enforce any of the provisions of this Agreement or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder.
In the event that it becomes necessary to institute legal action to enforce compliance with the terms of this Agreement, the parties agree that, at the conclusion of such legal proceedings, the losing party shall be solely responsible for all legal fees and costs incurred by the prevailing party, such fees and costs to be taxed by the court, including fees incurred during pre-trial, trial, and any applicable appeal or appeals. If any provision of this Agreement is found to be unenforceable or invalid, the Agreement shall be ineffective only to the extent of such provision and the validity of the remaining provisions of the Agreement shall not be affected, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.