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TERMS
AND CONDITIONS OF USE
INTRODUCTION
You may be referred to as the Licensee. The terms
'You' or 'Licensee' includes you and any of your owners,
employees, partners, independent contractors,
subsidiaries, affiliates, attorneys, agents, heirs, and
assigns.
We may be referred to as Licensor. The terms
'Us,' 'We,' 'Website,' or 'Licensor' includes our
owners, employees, subsidiaries, independent
contractors, agents, attorneys, and assigns.
You must be at least 18 years old to access this
website or to purchase products or services from
us.
We do not direct this website to persons under
18, nor do we knowingly collect any personal information
from children under the age of thirteen.
DISCLAIMERS
ALL CONTENT IS PROVIDED "AS IS" AND ANY AND ALL
WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
The use of our information, products and services
should be based on your own due diligence and you agree
that we are not engaged in any professional service such
as providing legal advice or medical
services.
Our cumulative liability to you or anyone else
for any loss or damages resulting from any claims,
demands, or actions arising out of or relating to this
Agreement or use of the content or website shall not
exceed the amount you have paid to us for the product or
service. In no event shall we be liable for any
indirect, incidental, consequential, special, or
exemplary damages or lost profits, even if we have been
advised of the possibility of such damages. You agree
that the foregoing constitutes your sole and exclusive
remedy for any breach of this Agreement. SOME STATES DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We are not responsible in any manner for links or
linked content on websites owned or controlled by
others. We provide any links only as a convenience and
not as a recommendation or endorsement of the linked
content.
PROHIBITED USES
You will not assign, sublicense, transfer,
pledge, sell, lease, rent, lend, or otherwise copy the
content, or any part of it, or share your rights under
this Agreement, to others.
You will not give others access to your username
and password.
You will not violate any laws, third party
rights, or this Agreement. This includes, but is not
limited to, not posting any material or content that is
defamatory, harassing, belongs to someone else, is
obscene or pornographic.
You will not provide false or misleading
information to us.
INDEMNIFICATION
You agree to indemnify, defend and hold us
harmless from and against all claims, demands, losses,
expenses, damages and costs, including reasonable
attorneys' fees, resulting from your actions or
conduct.
NO ASSIGNMENT
You cannot assign this Agreement, or any aspect
of your rights and responsibilities.
CONSENT TO USE INFORMATION
When you communicate with us, send us
information, or provide content to us or out website,
you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable right to
exercise all copyright and publicity rights you have in
the content, in any manner whatsoever, in any media now
known or which may be created in the future, including
in other works and forms not associated with this
website.
NO WAIVER OF RIGHTS
Our failure to enforce any rights granted in this
Agreement or to take action against any other party in
the event of any breach shall not be deemed a waiver by
us as to subsequent enforcement of rights or subsequent
actions in the event of future breaches.
MISCELLANEOUS
This Agreement in all respects shall be governed
by and construed according to the laws of the State of
Ohio, to the exclusion of any other applicable body of
governing law, without regard to conflicts of laws
principles.
This Agreement is entered into in Medina, OH. You
consent to the exclusive jurisdiction of Medina, OH for
any dispute arising from or related to this
Agreement.
You agree that the exclusive venue for any
dispute arising from or related to this Agreement will
be a court located in Medina, OH.
Should any term of this Agreement be declared
void or unenforceable, that term shall be severed from
the Agreement such declaration shall have no effect on
the enforceability of the remaining terms.
This Agreement contains the complete and entire
understanding and agreement between you and us and
supersedes any previous communications, representations,
or agreements, verbal or written, related to the subject
matter of this Agreement.
This Agreement may not be modified or amended
orally, impliedly, or in any manner not set forth in
writing or permitted by this Agreement.
This Agreement may be amended at any time and
without notice, but only by amending this Agreement as
posted on this website, unless otherwise agreed to in
writing.
Any amendments will become effective 30 days
after being posted on the website, unless circumstances
require that a change be immediately implemented. As a
condition for this Agreement you agree to periodically
check this Agreement posted at this page.
You agree that your continued use of our product
or service after that date will constitute your consent
and acceptance of the
amendment.
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