These Terms constitute a legally binding agreement between you and Company. By using the Service, you: (1) acknowledge that you have read and understood these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement , or, if you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Services; and (3) accept these Terms and agree that you are legally bound by them. Your use of the Service manifests your agreement to be bound by these Terms each time you access the Service. If you do not agree to any of these Terms, do not use or access the Service.
General Use and License
Company grants you a limited, nonexclusive, revocable license to make use of the Service, regardless of the medium by which the Service is accessed by you (e.g., via a web or mobile browser). You may view, copy, download, or print materials from the Service for your own personal use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein.
You acknowledge that your use of the Service is at our sole discretion and your license to use the Service may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Service, to terminate any user’s account, where applicable, and to alter or delete any material submitted to the Service through the user’s account, where applicable. Following termination of this license, these Terms shall apply to the extent practicable.
Not Medical Advice
All content on this Service is general in nature and is provided for informational purposes only. The Service’s content may not contain all information that may apply to your situation.
The information on this Service is not medical or health care advice. Nothing contained on the Service is intended to be professional medical advice, diagnosis, or treatment. You should not rely on information published on the Service as a substitute for professional medical advice, diagnosis, or treatment.
Always consult with a physician or other health care professional if you have any concerns or questions about your health or medical condition. Never disregard, avoid, or delay obtaining medical or health care advice or services from your health care professional because of something you may have read or seen on this Service.
Not for Emergencies
IF USER IS IN DANGER OF CRISIS OR SUICIDAL, CALL 911 OR OTHER EMERGENCY NUMBER. DO NOT USE THIS SERVICE TO COMMUNICATE OR RECEIVE URGENT OR EMERGENCY MESSAGES OR COMMUNICATE ABOUT AN EMERGENCY OR OTHER URGENT SITUATION.
Public Forum – Post your Content with Care
This Service is a public forum designed to share information. The Company is not responsible for what other users of the Service may do with information posted on the Service. Subject to these Terms, you may participate in discussion and submit questions, comments, information, and content as permitted by the Service for. You acknowledge and understand that any content you may submit, will be seen by others, may be published and available to the general public, and is subject to re-disclosure by others. PLEASE CAREFULLY CONSIDER THE CONFIDENTIALITY IMPLICATIONS OF ANY POSTINGS.
Prohibited Conduct and Activities
Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Service or any of the content on the Service; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Service; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Service, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Service’s listings or content; (e) circumventing or attempting to circumvent the security of the Service; (f) interfering or attempting to interfere with the proper working of the Service or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Company or users of the Service or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Service; (h) attempting to gain unauthorized access to any portion of the Service or any systems or networks connected to the Service through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Service, except as authorized by Company; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or any systems or networks connected to the Service; (k) using reports, content, electronic documentation, or other materials available on the Service to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts Company users to a third party; (m) making commercial use of the Service or any of its content; or (n) engaging in or promoting illegal activities.
Intellectual Property Rights
Unless otherwise noted, all content provided on the Service, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Company or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content on the Service is either the property of Company or is used by us with the permission of its owner. The compilation of the Service is the exclusive property of Company and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Company’s ownership of the Service and content.
The trademarks, logos, and service marks displayed on the Service are owned by Company and other third parties, and the Service’s trade dress is owned by Company. All trademarks not owned by Company are the property of their respective owners, and, where used by Company, are used with permission. Nothing contained on the Service may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Company’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Company’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Service.
Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Service, including any copyrighted or trademarked content. You may only use the materials and content on the Service as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Service is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
Company may offer the Service and related services through a mobile application available for download through the Apple App Store, Google Play, and other related mobile application stores (the “Mobile App”). Any use of the Mobile App is subject to the full terms of these Terms. To the extent any additional terms and conditions apply to you if using the Mobile App through the Apple App Store, Google Play, or other related mobile applications, these Terms will control. Company grants you a limited, non-exclusive, non-transferable and revocable license to install and use the Mobile App, in executable object code format only, solely on your own handheld mobile devices and for your personal, non-commercial use.
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances, and at our sole discretion, we may terminate and/or disable access to and use of the Service by users suspected of infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances, and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), we will respond promptly to claims of copyright infringement reported to our agent designated to receive notifications of infringement claims (“Designated Agent”). If you are a copyright owner (or authorized to act on behalf of the owner) and believe that your copyrighted work has been infringed, please submit a written notice to our Designated Agent that substantially includes the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to help us locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and email address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notice is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
The written notice, along with any accompanying items, must be submitted to our Designated Agent at:
ATTN: Jill McGrail
Barron Peck Bennie & Schlemmer Co., LPA
3074 Madison Road
Cincinnati, OH 45209
If you send your notice by email, please make sure to write “DMCA Copyright Notice” in the subject line. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Before you can make use of certain services associated with the Service, you may be required to register with the Service and create an account. You agree and warrant that all information you provide to us through the Service, including but not limited to any contact information or registration information, is truthful, accurate, and up-to-date. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.
You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
By creating an account with the Service, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Service, as permitted under the CAN-SPAM Act.
You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with such account).
Submission of Content and User Activity
From time to time, we may make available on the Service certain services, features, or sections that allow users to post or upload materials to the Service. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials (“”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore, you, and not Company, are solely responsible for all Content that you upload, post, email, transmit, or otherwise make available through the Service or any related services.
You represent and warrant that you own or otherwise control all the rights, titles, and interests to any Content that you upload, transmit, or otherwise make available through the Service, that use of any Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of Content you provide will not cause injury to any person or entity.
Without limiting the foregoing, you represent and warrant that you will not: (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false, or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide.
When you post or submit Content to the Service, you hereby expressly grant Company a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense, or otherwise distribute and display Content and any ideas, concepts, know-how, or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. Therefore, we request that you not provide us Content in which you do not wish to grant us rights.
Company disclaims any and all liability for any Content emailed, transmitted, or otherwise made available via the Service. The opinions expressed in postings or other Content on the Service may not represent the views or opinions of Company or its advertisers, sponsors, affiliated or related entities. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content. Any Content on the Service is provided “as is.” You should be aware that your use of and reliance on Content is at your own risk.
Company has no obligation to review, monitor, delete, or edit the Service, including user Content. However, you acknowledge and agree that Company has the right to do so, using any means, at any time in its sole discretion, for any reason or no reason, with or without notice. We shall not be liable for any alteration or deletion of any Content. You acknowledge, consent, and agree that Company may access, preserve, and disclose any inappropriate conduct, your account information, and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Company, its affiliates, personnel, other users, and the public.
Correction of Errors and Inaccuracies; Limitations on Services
The information on the Service may contain typographical errors or inaccuracies, and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to service descriptions, pricing, and availability. Company also reserves the right to limit the scope of services (including after you have submitted your request). Company apologizes for any inconvenience this may cause you.
Links to Third Party Sites
The Service may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. Company does not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources.
For your protection, please refer to the terms of service and privacy policies of those respective websites. You acknowledge, understand, and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, any such content, goods, or services available on such other websites. Company shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. The links are provided “as is” and use of such links is at your own risk.
Disclaimer of Warranties
THE SERVICE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SERVICE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THE SERVICE.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES THAT COMMUNICATIONS BETWEEN YOU AND COMPANY, OR ANOTHER USER OF THE SERVICE, WILL BE SECURE FROM INTERFERENCE, VIRUS-FREE, OR FREE OF OTHER HARMFUL COMPONENTS.
THE SERVICE IS CONTROLLED, OPERATED, AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SERVICE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SERVICE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. ANY OFFER FOR ANY SERVICE OR PRODUCT MADE IS VOID WHERE PROHIBITED.
Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, OR THAT YOU ARE ONLY USING THE SERVICE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.
NEITHER COMPANY NOR ANY OF COMPANY’S EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE, OF OR INABILITY TO USE, THE SERVICE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, Special, Exemplary, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THE SERVICE, OR FROM YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE SERVICE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON COMPANY’S COMPUTERS AND/OR SERVERS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF COMPANY’S SERVICE AND ASSOCIATED SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE SERVICE EXCEED THE TOTAL AMOUNT YOU PAID TO COMPANY TO ACCESS THE SERVICE WITHIN THE PRECEDING THREE (3) MONTHS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification and Remedies
You agree to indemnify, defend, and hold harmless Company and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Service; (b) Content you post or submit to the Service; or (c) your breach of any provision of these Terms or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
You agree that if you are dissatisfied with the Service or any services offered in connection with the Service, do not agree with any part of these Terms, or have any other dispute or claim with or against Company with respect to these Terms or the Service, your sole and exclusive remedy is to discontinue using the Service.
Choice of Law and Venue
The laws of the State of Ohio shall govern the validity, performance, enforcement, interpretation, and any dispute that may arise between the parties with respect to these Terms, without giving effect to any principles of conflicts of laws. The parties agree that any action or proceeding arising out of these Terms or your use of the Service, whether at law or in equity, must be brought in the state or federal courts located in Hamilton County, Ohio you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to these Terms within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
These Terms, including any documents referenced herein, represents the entire understanding between you and Company regarding your relationship with Company and use of the Service, and supersedes all other agreements, express or implied, written or oral, between you and Company. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of Company.
If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. Company’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms. Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and Company, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.
Changes to these Terms
Where required, Company may give notice to you by a general posting in the Service, by electronic mail, or by conventional mail to your address of record. You may give notice to Company by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Service, or your dealings with Company, please contact us at:
Attn: Matthew Trotta
3074 Madison Road
Cincinnati, OH 45209