YOUR USE OF THIS WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.
WE RESERVE THE RIGHT TO UPDATE THESE TERMS AT ANY TIME BY POSTING AN UPDATED COPY OF THE TERMS TO THE SITE AND YOU WAIVE THE RIGHT TO NOTICE OF ANY SPECIFIC CHANGES TO THESE TERMS. BY CONTINUING TO ACCESS AND USE THE SITE AFTER THESE TERMS ARE UPDATED, YOU AGREE TO THE UPDATED TERMS.
Personal Use of Sites
Unless otherwise specified, the Site is for your personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the Site (“Content”), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. Subject to any expressly stated restrictions or limitations on the Site, you may electronically copy and/or print hard copy portions of Content solely for your own noncommercial use. Any other use of Content, including the modification, reproduction, distribution, republication, display or transmission of any Content, without our prior written permission is strictly prohibited.
You agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or use or access to the Site, including without limitation any “scraping” or using any robot, spider or other automated means. Running or displaying this Site or any information or material displayed on this Site in frames, via “in-line” linking or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations. You may not use any meta tags or other “hidden text” utilizing our name or any of our trademarks, or those of any manufacturer of products featured on this Site, without express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (c) bypass any measures we may use to prevent or restrict access to the Site.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to OHT, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of OHT, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
These Terms govern your conduct, your rights, and our rights with respect to any text, photograph, video, post, communication, music, audio and sound recording, artwork, ratings, reviews or other materials or information you submit to the Site (“Submission”). When you submit a Submission, you agree to the following:
- your Submission is original, accurate, created by you, and not an impersonation;
- you are over the age of majority, or, if a minor, your parent or legal guardian consents to your submission;
- you are not an employee of OHT, nor do you work for an affiliate or agency of OHT hired to promote and/or sell OHT products;
- your Submission (or any portion of it) has not been included in nor planned for use in any other advertising or promotional materials, for OHT or any third party;
- your Submission is made without any prior payment or promise of payment for your proposed Submission now or in the future;
- your Submission is not false, misleading, offensive, profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, or otherwise inappropriate;
- your Submission does not contain content which infringes any third party’s copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
- your Submission does not contain content which violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
- your Submission does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
- your Submission does not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with OHT;
- your Submission does not contain programming or materials containing any Trojan horses, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
- OHT’s use of your Submission does not violate these Terms and will not cause injury to any person or entity.
By submitting a Submission, you grant to OHT:
- a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to access, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, display, and perform such Submission(s), in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing or commenting (whether on OHT’s web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law);
- an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively “Your Personal Content”) as contained in your Submission(s), in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on OHT’s web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).
You also agree to waive any applicable moral rights as contained in your Submission(s) for any of the proposed uses listed above.
By submitting a Submission, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, OHT and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Submission, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the Submission or Your Personal Content embodied in such Submission or the exploitation of any of the OHT’s rights as noted above.
You acknowledge that you may not terminate or rescind the grants of rights and licenses and or the releases contained in these Terms at a later time. OHT does not guarantee that you will have any opportunity to edit or delete your Submission. You acknowledge that you are solely responsible for the contents of any Submission(s).
Finally, we appreciate hearing from the public and welcome your comments regarding the Site or OHT projects or Content. If you send us any creative ideas, suggestions, inventions, or materials (“Creative Ideas”), you agree that OHT: (a) will own, exclusively, all now known or later discovered rights in and to the Creative Ideas and that you have the full right and authority to grant and convey the exclusive ownership of the Creative Ideas to OHT in accordance with these Terms; (b) will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas for any purpose; and (c) will be entitled to the unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you or any other person; and (d) you expressly waive any right to contest OHT’s ownership of any intellectual property rights related to the Creative Ideas.
Use of the Site
You may not do any of the following while accessing or using the Site: (i) use the Site in breach of these Terms; (ii) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Site; (iii) access, tamper with, or use non-public areas of the Site, OHT’s computer systems, or the technical delivery systems of OHT providers; (iii) harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity; (iv) impersonate another person or entity; (v) promote, solicit, or participate in any multilevel marketing or pyramid schemes; (vi) solicit personally identifiable information from or exploit any individual under eighteen (18) years of age; (vii) engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme; (viii) introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the website; (ix) gain unauthorized access to any computer system or nonpublic portion of the Sites or interfere with or disrupt the Sites, servers, or networks connected to the Sites; (x) invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites’ users; (xi)
use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability; or (xii)
access the Site from a jurisdiction where it is illegal or unauthorized.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to: [insert email address]
The Terms will continue to apply until terminated by either you or OHT as follows. You may end your legal agreement with OHT at any time by discontinuing your use of the Site. We may suspend or terminate your access to the Site at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Site to you is no longer commercially viable. In all such cases, these Terms shall terminate, including, without limitation, your license to use the Site, except those Sections of these Terms you would expect to survive termination. Nothing in this section shall affect OHT’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
Disclaimers, Limitations of Liability and Indemnity
Please read this section carefully since it limits the liability of OHT and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “OHT Parties”). Each of the subsections below applies to the maximum extent permitted under applicable law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE OHT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE OHT PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE OHT PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY CONTENT, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE OHT PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.
You agree to defend, indemnify, and hold harmless the OHT Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Content, (iii) your breach of these Terms, or (iv) Submitted Content or Creative Ideas. We will provide notice to you promptly of any such claim, suit, or proceeding.
Waiver and Severability
The failure of OHT to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be commenced and resolved solely in federal court in the Northern District of Ohio or a state court located in Lake County, Ohio, United States, and you consent to the exercise of personal jurisdiction by and exclusive venue in such courts and waive any objection as to inconvenient forum.
We may revise these Terms from time to time, in whole or in part, at any time in our sole discretion upon notice to you by electronic means, including by posting such information and materials online. Any changes or modifications will be effective immediately upon posting the revisions to this Site, and you waive any right you may have to receive specific notice of such changes or modifications. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms or the Site, please contact us as follows:
- Mailing Address: P.O. Box 5039, Mentor, OH 44061-5039
- Phone: (440) 354-7007
- Fax: (440) 354-7080
- Email: firstname.lastname@example.org
Copyright 2022 OHT. All rights reserved.