TERMS & CONDITIONS
Effective Date: March 9, 2009
Please read carefully prior to using this website
3. Authorized and Prohibited Uses
4. User Content
5. Registration and Passwords
Ohio Living may or may not at times require you to have a password and provide registration details to access the Site or portions of the Site. If Ohio Living does require a password and registration details, it shall be a condition of use of the Site that all the details you provide are correct, current and complete. If Ohio Living believes that the details are not correct, current or complete, Ohio Living will have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and you are fully responsible for all activities that occur under your password(s). You agree to notify Ohio Living immediately of any unauthorized use of your password(s). Ohio Living reserves the absolute right not to issue a password to any person or entity.
6. Access Arrangements and Fees
Your use of the Site shall be in accordance with any and all procedures, forms, formats, displays and operating times as may be determined, specified or modified by Ohio Living in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use the Site. Ohio Living charges no fees at this time for using the Site but reserves the right to impose or modify fees in connection with use of the Site (or portions of the Site) at anytime without liability. Payment of any such fees shall be due and payable 30 days from the date of invoice unless otherwise agreed by you and Ohio Living or unless otherwise required by OPRS. Ohio Living shall endeavor to issue a general notice on the Site with regard to any imposition of fees or modifications to the Site.
No link shall be made to any page of the Site, without the prior written consent of OPRS. Moreover, in the event Ohio Living deems your linking practices in relation to the Site to be inappropriate, Ohio Living may provide notice to you concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of Ohio Living relating thereto.
8. Third-Party Sites and Other Information
The Site may contain, as a convenience to you, content, links and other information submitted by third parties over whom Ohio Living has no control or responsibility, as well as translations thereof that Ohio Living may arrange. Ohio Living has no obligation to monitor, control or restrict the use of the Site or third-party websites accessible via links on the Site. These other websites are not under the control of OPRS, and you acknowledge that (whether or not such sites are affiliated in any way with OPRS) Ohio Living is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of any site by Ohio Living or any association with its operators. Moreover, Ohio Living has no obligation to verify any User Content or to provide any registration or other information to you concerning any content.
9. Disclaimer of Warranties
Ohio Living disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed by using the Site. Ohio Living disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Site.
THE SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. Ohio Living AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Ohio Living AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. Ohio Living AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. Ohio Living AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE.
YOU UNDERSTAND AND AGREE THAT DOWNLOADS OR OTHERWISE OBTAINED MATERIAL OR DATA THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. CERTAIN USERS MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
10. Limitation of Liability
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
Without limiting the foregoing, under no circumstances shall Ohio Living or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
12. Release and Waiver
To the maximum extent permitted by law, you hereby release and waive all claims against Ohio Living and its affiliates, officers, directors, employees and contractors from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Site. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes or regulations.
14. Intellectual Property Policy
OPRS' policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512.
15. Dispute Resolution; Applicable Law and Forum