Terms and Conditions
Terms of Use
The following describes the Terms of Use (the "Terms
of Use ") on which We offer you the information (including the Intellectual
Property [as defined below]), services and products on Our web site and related
web pages (collectively, the "Services").
We reserves the right to modify, amend
or restate the Terms of Use from time to time with or without
prior notice.
Your use of this web site and any Services
after the posting of modifications to these Terms of Use
will constitute your acceptance of the Terms oif Use as
modified.
Use of this Web Site
You represent that you have read and
agree to be bound by the Terms of Use. You further agree
to comply with U.S. or other applicable law regarding the
transmission of any information obtained from the Services
in accordance with the Terms of Use, not to use the Services
for illegal purposes, and not to interfere or disrupt the
networks connected to the Services.
Restrictions on Use
You may not use the Services for any
illegal purposes or in any manner inconsistent with the
Terms of Use. You agree to use the Services solely for
your own noncommercial use and benefit, and not for resale
or other transfer or disposition to, or use by or for the
benefit of, any other person or entity.
You agree to promptly notify Us upon
becoming aware of any unauthorized access or use of the
Services by any party or any claim that the Services infringes
upon any copyright, trademark or other contractual, statutory
or common law rights.
Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, RECOMPILE,
DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH,
DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE
WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF
THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM
THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL,
NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT
AND OTHER PROPRIETARY NOTICES.
YOU MAY NOT USE THE SERVICES IN ANY WAY
TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED
BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE
ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN
ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES
AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED
WITH OUR CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO
OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.
YOU WILL NOT USE THE SERVICES OR THE
INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR
SPAM MATERIAL. YOU WILL NOT USE ANY OF OUR TRADEMARKS,
TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR
SPAM MATERIAL.
YOU WILL NOT SPAM OR SEND UNSOLICITED
MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICES. YOU
AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS OF USE.
Intellectual Property
This web site contains material which is derived in whole
or in part from materials supplied by Us and various other sources. This web
site, including but not limited to its text, logos, content, photographs,
flash animations, video, audio and graphics (the "Intellectual Property"),
is protected by copyrights, service marks, international treaties and/or other
proprietary rights and laws of the U.S. and other countries. The Intellectual
Property is also protected as a collective work or compilation under U.S.
copyright and other laws and treaties. All individual articles, columns and
other elements making up the Services are also copyrighted works. You agree
to abide by all applicable copyright and other laws, as well as any additional
copyright notices or restrictions contained in the Services.
If you would like to make copies and/or
distribute certain information, please contact
us.
No License Granted
You acquire absolutely no rights or licenses
in or to the Services and materials contained therein other
than the limited right to utilize the Services in accordance
with the Terms of Use. Should you choose to download content
from the Services, you must do so in accordance with the
Terms of Use. Such download is licensed to you by Us only
for your own personal, noncommercial use in accordance
with the Terms of Use and does not transfer any other rights
to you.
Accuracy Disclaimer
We do not warrant or guarantee the accuracy,
quality, completeness, currency, or validity of any information
on the web site or linked from the web site. All information
contained on this web site has been obtained from sources
believed by Us to be accurate and reliable. Due to the
possibility of human and mechanical error, We are not responsible
for any errors or omissions.
Rights Reserved
All present and
future rights in and to the Intellectual Property and
other proprietary rights
of Us of any type under the laws of any governmental authority,
domestic or foreign, including rights in and to all applications
and registrations relating to the Services (the "Intellectual
Property Rights") shall, as between you and Us, at
all times be and remain the sole and exclusive property
of Us. All present and future rights in and title to the
Services (including the right to exploit the Services and
any portions of the Services over any present or future
technology) are reserved to Us for Our exclusive use. Except
as specifically permitted by the Terms of Use, you may
not copy or make any use of the Services or any portion
thereof.
Liability Disclaimer
The material provided on this web site
could include technical inaccuracies or typographical errors
and the web site may be subject to periods of interruption.
We may make changes or improvements at anytime.
Limitation of Liability
While We endeavor to maintain the highest
professional quality of the Services We offer on Our web
site, We cannot be held responsible for any errors, defects,
lost profits, or other consequential damages arising from
the use of this web site. We will not be liable for any
damages or injury, including but not limited to, special
or consequential damages that result from any failure of
performance, error, omission, interruption, defect, delay
in operation of transmission, or computer virus, the use
of, or the inability to use, the materials in the Services
even if there is negligence by Us or an authorized representative
of Us; user has been advised of the possibility of such
damages. The above limitation or exclusion may not apply
to you to the extent that applicable law may not permit
the limitation or exclusion of liability for incidental
or consequential damages. Our total liability to you for
all losses, damages, and causes of action (in contract,
tort (including without limitation, negligence, or otherwise)
will not exceed the amount you paid to Us to access the
Services.
Indemnification
You agree, to the extent permitted by
applicable law, to indemnify and hold Us, Our officers,
directors, owners, agents and employees harmless from any
claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your use
of the Services, the violation of these Terms of Use by
you, or the infringement by you, or other user of the Services
using your computer, of any Intellectual Property or other
right of any person or entity. We reserves the right, at
its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you.
User Submissions to the Web Site
The Services include a contact
section which provides a means for users to contact us.
All remarks, suggestions, ideas, graphics, or other information
communicated
to Us
through
Our Services
will become the property of Us. Without limitation, We
will have exclusive ownership of all present and future
existing rights to the User Submission of every kind and
nature everywhere. We will be entitled to use the User
Submission for any purpose whatsoever (consistent with
the Privacy Policy then in effect), without compensation
to you or any other person sending the User Submission.
We do not control the postings of questions.
Further, We have no obligation to monitor any other postings
of User Submissions.
All Submissions Are Subject to
These Further Conditions
Your use of the Services and submission
of material for publication on the pages of the web site
are conditioned on your adherence to the following policies:
- You may not restrict or inhibit any
other user from using or enjoying any of the Services.
- You may not post or transmit any
unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane, indecent or racially,
ethnically or otherwise objectionable material of any
kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise
violate any local, state, national or international law.
- You may not post or transmit any information,
software or other material which violates or infringes
upon the rights of others, including material which is
an invasion of privacy or publicity rights or which is
protected by intellectual property rights.
- You may not post or transmit any information,
software or other material which contains a virus or
other harmful component.
- You may not post, transmit or in any
way exploit any information, software or other material
for commercial purposes, or which contains commercial
advertising.
- We reserve the right at all
times to disclose any information as necessary to satisfy
any law, regulation or governmental request, or to
edit, refuse to post or to remove any information or
materials, in whole or in part, that in Our sole discretion
are objectionable or in violation of its Submission
policies.
Under no circumstances will We be required
to treat any Submission as confidential (subject to Privacy
Policy then in effect), and will not be liable for any
ideas for its business (including, without limitation,
product or service ideas) and will not incur any liability
as a result of any similarities that may appear in future
We operations.
You acknowledge
that you are solely responsible for whatever material
you submit, and you, not Us have
full responsibility for the Submission, including its legality,
reliability, appropriateness, originality, and copyright.
Your communication of a Submission is in all respects subject
to the Terms of Use, including without limitation those
set forth in "Indemnification."
Links
The Services may display links to other
web sites that are not owned or maintained by Us and which
contain information some people may find inappropriate
or offensive. We have not reviewed such web sites and are
not responsible for the content thereof. The inclusion
of a link to such web site does not imply endorsement by
Us. Viewing of any web site linked to the Services is at
your own risk.
Endorsement Disclaimer
We do not necessarily endorse, support,
sanction, or verify the information or material that is
submitted to this web site or linked to this web site.
Unless otherwise specifically indicated, We have no affiliation
with any of the organizations mentioned or described on
the web site, and We make no representations or warranties
with regard to those organizations. Nor do We endorse or
affiliate ourselves with any of the organizations that
are linked to or from this web site.
Privacy
Policy
Our current Privacy Policy is posted
above and is incorporated herein by reference. By using
this web site, you expressly consent to certain disclosures
of your personally identifiable and other personal information
provided to you by Us to third parties, and to use of your
information by Us and third parties, to the extent set
forth in Our current Privacy Policy, unless you otherwise
notify Us in accordance with the Privacy Policy.
Policies Concerning Claims of
Infringement
It is Our policy to respond expeditiously
upon receiving notice of claimed intellectual property
infringement. We will promptly process and investigate
notices of alleged infringement and will take appropriate
actions under the Digital Millennium Copyright Act and
other applicable intellectual property laws.
All notices of copyright infringement
should be sent to Us.
Notices of copyright infringement should
contain the following information:
- A physical or electronic signature
of a person authorized to act on behalf of the copyright
owner that is allegedly infringed.
- Identification of the copyrighted
work claimed to have been infringed.
- Identification of the material that
is claimed to be infringing or to be the subject of infringing
activity and information reasonably sufficient to permit
We to locate the material.
- The address, telephone number, or
email address of the complaining party.
A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
- A statement, under penalty of perjury,
that the information in the notification is accurate,
and that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed. We reserves the right to remove and/or disable
access from the Service to web pages of repeat infringers
and reserves the right to terminate all account holders
and subscribers who are repeat infringers of intellectual
property laws.
Access and Interference
Our web site contains robot exclusion
headers and you agree that you will not use any robot,
spider, other automatic device, or manual process to monitor
or copy Our Intellectual Property or any other content
contained herein without Our prior written consent. You
agree that you will not use any device, software or routine
to interfere or attempt to interfere with the proper working
of the Services. You agree that you will not take any action
that imposes an unreasonable or disproportionately large
load on Our infrastructure.
Access Outside the United States
We makes no representation that the materials
provided at this web site are appropriate or available
for use in locations outside of the United States, its
territories and possessions. If you use the Services from
other locations, you are responsible for compliance with
applicable local laws.
General Disclaimer
We are not responsible for any direct,
indirect, incidental, consequential or any other damages
arising out of or in connection with the use of this web
site or in reliance on the information available on the
web site. This includes any personal injury, business interruption,
loss of use, lost data, lost profits, or any other pecuniary
loss, whether in an action of contract, negligence, or
other tortuous action, even if We have been informed of
the possibility.
Miscellaneous
These Terms of Use will be governed and
be interpreted pursuant to the laws of the State of Ohio,
United States of America, notwithstanding any principles
of conflicts of law and you hereby consent to the jurisdiction
of such courts. 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
Our failure to act with respect to a
breach by you or others does not waive Our right to act
with respect to subsequent or similar breaches. If We ask
a third party to provide Services through this web site,
the provisions of this agreement shall apply to your use
of the Services, unless otherwise noted. We shall not be
liable for any delay or failure to perform resulting directly
or indirectly from any causes beyond Our reasonable control.
We may freely assign or update this agreement. |