USER
AGREEMENT WEB SITE TERMS OF USE
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING
THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT
THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"),
DO NOT USE THIS WEB SITE.
Limited
License for Use of Site. Cincinnati SHO ("Cincinnati
SHO") authorizes you to view and download the materials
at this Web site ("Site") only for your personal,
non-commercial use, provided that you retain all copyright
and other proprietary notices contained in the original
materials on any copies of the materials. You may not modify
the materials at this Site in any way or reproduce or publicly
display, perform, or distribute or otherwise use them for
any public or commercial purpose. The materials at this
Site are copyrighted and any unauthorized use of any materials
at this Site may violate copyright, trademark and other
laws. Except as authorized in this paragraph, you are not
being granted a license under any copyright, trademark,
patent or other intellectual property right in the material
or the products, services, processes or technology described
on this Site. All such rights are retained by Cincinnati
SHO, its affiliates, and/or any third party owner of such
rights. You may not create framed or deep links to this
Site or any portion of this Site without express written
permission from Cincinnati SHO in each instance. If you
breach any of these Terms, your authorization to use this
Site automatically terminates and you must immediately destroy
any materials downloaded from this Site. Cincinnati SHO
also reserves the right to terminate your authorization
to use any services at the Site and to delete any one or
more of your related accounts, with or without cause, immediately
and at any time.
Use
of Software. If you purchase software through, or download
software from, this Site (in either case, "Software"),
use of the Software is subject to the license terms in the
license agreement that is provided with the Software. You
may not download or install the Software until you have
accepted the terms of the applicable license agreement.
User
Submissions. Other than personally identifiable information,
which is covered under the Cincinnati SHO Privacy Statement,
any material, information or other communication you transmit
or post to this Site will be considered non-confidential
and non-proprietary. Cincinnati SHO will have no obligations
with respect to such communications. By providing such information
or materials, you grant Cincinnati SHO and its designees
an unrestricted, irrevocable, worldwide royalty-free license
to copy, display, disclose, distribute, reproduce, incorporate
and otherwise use such communications and all concepts,
data, images, sounds, text, know-how and other things embodied
therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from
this Site any unlawful, threatening, libelous, defamatory,
obscene, pornographic, or other material that would violate
any law.
User
Chat Rooms. Cincinnati SHO may, but is not obligated
to, monitor or review any areas on the Site where users
transmit or post messages or communicate solely with each
other, including but not limited to chat rooms, bulletin
boards or other user forums, and the content of any such
messages. Cincinnati SHO, however, will have no liability
related to the content of any such messages, whether or
not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. Cincinnati SHO retains the right
to remove messages that include any material deemed abusive,
defamatory, obscene or otherwise unacceptable.
Links
To Other Web Sites. Links to third party Web sites on
this Site are provided solely as a convenience to you. If
you use these links, you will leave this Site. Cincinnati
SHO has not reviewed all of these third party sites and
does not control and is not responsible for any of these
sites or their content, even if the site contains the CincySHO
logo. Thus, Cincinnati SHO does not endorse or make any
representations about them, or any information, software
or other products or materials found there, or any results
that may be obtained from using them. If you access any
of the third party sites linked to this Site, you do so
entirely at your own risk.
No
Endorsement. All product and service marks contained
herein that are not Cincinnati SHO marks are the trademarks
of their respective owners. References that we make to any
names, marks, products or services of third parties or hypertext
links to third party sites or information do not necessarily
constitute or imply our endorsement, sponsorship or recommendation
of the third party or any of its information, products or
services.
Disclaimer.
THIS SITE, THE INFORMATION, MATERIALS AND SERVICES PROVIDED
ON THE SITE AND ANY SOFTWARE MADE AVAILABLE ON THIS SITE
ARE PROVIDED "AS IS", WITHOUT REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS
DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Cincinnati SHO
further does not warrant the accuracy and completeness of
the materials or services at this Site or the reliability
of any advice, opinion, statement or other information displayed
or distributed through the Site. Any reliance on the advice,
opinion, materials or information on this Site shall be
at your sole risk. Cincinnati SHO may make changes to the
materials and services at this Site, or to the products
and prices described in them, at any time without notice.
The materials and services at this Site may be outdated,
and Cincinnati SHO makes no commitment to update any materials
or services at this Site. If you view this Site outside
of the United States, information published at this Site
may refer to products, programs or services that are not
available in your country.
Limitation
of Liability. IN NO EVENT WILL Cincinnati SHO, ITS SUPPLIERS,
OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE
UNDER ANY CLAIM OR CIRCUMSTANCE (INCLUDING WITHOUT LIMITATION
ANY CIRCUMSTANCE INVOLVING A FINDING THAT A WARRANTY OR
REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE), WHETHER THE
CLAIM SOUNDS IN CONTRACT, TORT OR OTHER LEGAL THEORY, FOR
ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES
LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR
SERVICES CONTAINED AT ANY SUCH SITES, INCLUDING DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS DAMAGES
FOR LOST PROFITS OR REVENUE, LOST DATA, LOST SALES, LOST
GOODWILL OR LOSS OF USE OF A PRODUCT, EVEN IF ANY SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
Limitation
of Remedies. Your sole remedy, and Cincinnati SHO' sole
obligation, for any claim related to product(s) purchased
on this Site shall be limited by and to the extent of the
manufacturer's warranty.
U.S.
Government Restricted Rights. Government users will receive
no rights greater than Restricted Rights as defined in FAR
52.227-19 (c) (1-2 ) (June 1987). Government users will
receive no rights greater than Limited Rights as defined
in FAR 52.227-14 (June 1987) or DFAR 252.227-7015 (b) (2)
(November 1995), as applicable in any technical data at
this Site.
Applicable
Laws. This Site is operated from a site in the State
of Ohio, United States of America. Cincinnati SHO makes
no representation that materials at this Site are appropriate
or available for use outside the United States, and access
to them from locations where their contents are illegal
is prohibited. If you access this Site from outside the
United States, you are responsible for compliance with local
laws. You may not use the Site or export or re-export the
materials or services at this Site, or any copy or adaptation
thereof, in violation of United States export laws and regulations.
These Terms will be governed by and construed in accordance
with the laws of the State of Ohio, without giving effect
to its conflict of law principles.
Privacy.
Cincinnati SHO recognizes that when you choose to provide
us with information about yourself, you trust us to act
responsibly. We have adopted a Privacy Statement to explain
how we use your personal information. You should review
our Privacy Statement before providing any personal data
on this Site. Please read our Privacy Statement.
General.
Cincinnati SHO may revise these Terms at any time by
updating this posting. You should visit this page from time
to time to review the then-current Terms because they are
binding on you. Certain provisions of these Terms may be
superseded by expressly designated legal notices or terms
located on particular pages at this Site. These Terms constitutes
the entire agreement between Cincinnati SHO and you with
respect to your use of the Site. Any cause of action you
may have with respect to use of the Site must be commenced
within one (1) year after the claim or cause of action arises.
If for any reason, a court of competent jurisdiction finds
any provision of these Terms or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of these Terms, and the remainder
of the Terms shall continue in full force and effect.
Procedure
for Making Claims of Copyright Infringement. In accordance
with the Digital Millennium Copyright Act (17 USC 512),
Cincinnati SHO is registered with the US Copyright Office
as a Service Provider. Any notifications of claimed copyright
infringement must be sent to the Service Provider's Designated
Agent.
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