Welcome to our site. We maintain this web site as a service
to our customers. By using our site, you are agreeing to comply
with and be bound by the following terms of use. Please review
the following terms carefully. If you do not agree to these terms,
you should not review information from this site.
1.
Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms of Use Agreement (“Agreement”)
with respect to our site (the “Site”). This Agreement
constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended
at any time by us from time to time without specific notice to
you. The latest Agreement will be posted on the Site, and you
should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics,
design, compilation, magnetic translation, digital conversion
and other matters related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the
Site, except as allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content, document or
other materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver of any right
in such information and materials.
3. Limited Right to Use. The viewing, printing
or downloading of any content, graphic, form or document from
the Site grants you only a limited, nonexclusive license for use
solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or document may
be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution).
4. Editing, Deleting and Modification. We reserve
the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
5. Indemnification. You agree to indemnify, defend
and hold us and our partners, attorneys, staff and affiliates
(collectively, “Affiliated Parties”) harmless from
any liability, loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of the
Site.
6. Nontransferable. Your right to use the Site
is not transferable. Any password or right given to you to obtain
information or documents is not transferable.
7. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH
THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,”
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION
AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT
AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT
IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO
YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE
YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
8. Use of Information. We reserve the right,
and you authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided by you
in any manner consistent with our Privacy Policy.
9. Third-Party Services. We allow access to or advertise
third-party merchant sites (“Merchants”) from which
you may purchase certain goods or services. You understand that
we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are
not a party to the transactions entered into between you and Merchants.
You agree that use of such Merchants is AT YOUR SOLE RISK AND
IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE
WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
10. Third-Party Merchant Policies. All rules,
policies (including privacy policies) and operating procedures
of Merchants will apply to you while on such sites. We are not
responsible for information provided by you to Merchants. We and
the Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf
of the other.
11. Privacy Policy. Our Privacy Policy, as it
may change from time to time, is a part of this Agreement.
12. Payments. You represent and warrant that
if you are purchasing something from us or from Merchants that
(i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
13. Securities Laws. This Site may include statements
concerning our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or services,
as well as our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site, words
like “anticipates,” “expects,” “believes,”
“estimates,” “seeks,” “plans,”
“intends” and similar expressions are intended to
identify forward-looking statements designed to fall within securities
law safe harbors for forward-looking statements. The Site and
the information contained herein does not constitute an offer
or a solicitation of an offer for sale of any securities. None
of the information contained herein is intended to be, and shall
not be deemed to be, incorporated into any of our securities-related
filings or documents.
14. Links to other Web Sites. The Site contains
links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites
are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so
at your own risk.
Copyrights and Copryright Agents. We respect the intellectual
property of others, and we ask you to do the same.
15. Information and Press Releases. The Site
contains information and press releases about us. While this information
was believed to be accurate as of the date prepared, we disclaim
any duty or obligation to update this information or any press
releases. Information about companies other than ours contained
in the press release or otherwise, should not be relied upon as
being provided or endorsed by us.
16. Miscellaneous. This Agreement shall be treated
as though it were executed and performed in Canton, Ohio and shall
be governed by and construed in accordance with the laws of the
State of Ohio (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or any
information, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations
set forth in Section 7 and Section 9. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly for
or against either party. All legal proceedings arising out of
or in connection with this Agreement shall be brought solely in
Canton, Ohio. You expressly submit to the exclusive jurisdiction
of said courts and consents to extra-territorial service of process.
Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law
and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision.