Terms of Use

TERMS OF USE

Published by

Reid Ashbaucher

4345 Pennfield Rd.

Toledo, Ohio 43612

This web page represents a legal document and is the Terms of Use (Agreement) for our website, www.rcetc.com and sub-domains listed (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

Our Services

Our Website and sub-domain Christian-book-promotions, offers the following services: RCETC.com is a private entity, which provides this Internet site for public information and promotional purposes, and where the public can ask questions or leave comments within our DISQUS platform features. RCETC grants membership to: (1) a book promotion sub-domain site where authors can purchase space for book promotional purposes. RCETC also participates in affiliate programs that provide access to products of those affiliates. (Services).

Definitions

The terms “us” or “we” or “our” refers to Reid Ashbaucher, the owner of this Website. A “Visitor” is someone that merely browses our Website.  A “Member” is someone who has registered with our Website or placed orders to use our Services.  The term “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us, are collectively known as our “Content”.   We distinguish content posted by our Members as “Member Content”.

Acceptance of Agreement

This Agreement is between you and Reid Ashbaucher.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS  USING, ACCESSING AND/OR BROWSING  OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Reid Ashbaucher,  and supersedes  all other Agreements, representations,  warranties  and understandings  with respect to our Website, Services, and  the subject matter contained herein. However, in order for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it.  If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.

Limited License

Reid Ashbaucher grants you a non-exclusive, non-transferable, revocable license to access and use our Website and  Services strictly in  accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Reid Ashbaucher.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Reid Ashbaucher.

Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited.   Your use of our Website and Services does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

Our  Website  will  respond  quickly  to  claims  of  copyright  infringement  as found  in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

1)   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2)   A description of the copyrighted work that you claim has been infringed;

3)   A description of where the material that you claim is infringing is located on our Website;

4)   Your address, telephone number, and email address;

5)   A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6)   A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We  are  only  required  to  respond  to  those  notices  that  substantially comply  with the above requirements.  We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Eligibility and Registration for Membership

To use our Services, you must register with our Website to become a Member. All order forms submitted for promotional services, constitutes registering with this Website. Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least age (18) years of age or older.

Any registration by, use of or access to our Website by anyone under such, is unauthorized, unlicensed and in violation of these Terms of Use. By using our Website and/or Service, you represent and warrant that you are (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Reid Ashbaucher has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When  you  complete  the  registration  process,  you  agree  to  maintain  the confidentiality  of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Content Disclaimer

The opinions expressed on our Website are not necessarily the opinions of Reid Ashbaucher or our visitors or members.  Any Blog or ad content provided by our bloggers, visitors or members are of the blogger’s, visitors or member’s opinion, and is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.

The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.

We undertake no obligation to update any Content on our Website.   Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion.  We reserve the right to approve submissions or changes, make alterations or deletions to the Content at any time without notice.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our Website or Host Servers will be error-free, free from viruses or other harmful components, or that we will correct any errors.  We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Reid Ashbaucher or our Members.  You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring  that  material  submitted  for  inclusion on our Website  is accurate  and  complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE  INCLUSION  OF  THIRD  PARTY  ADVERTISEMENTS  DOES  NOT CONSTITUTE  AN ENDORSEMENT, GUARANTEE, WARRANTY,  OR RECOMMENDATION  BY  REID ASHBAUCHER AND WE  MAKE  NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“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 or purchase from 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.  WE ARE NOT  LIABLE UNDER ANY CIRCUMSTANCES ARE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Warranty Disclaimer

Reid Ashbaucher is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Reid Ashbaucher. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website or Services.  Reid Ashbaucher is not responsible for the conduct, whether online or offline, of any user of our Website or Services.

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons.  Reid Ashbaucher assumes no responsibility for any error, omission, interruption, deletion, defect, delay  in  operation  or transmission, communications  line failure,  theft  or destruction  or unauthorized access to, or alteration of, Member communications.

Reid Ashbaucher is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone,  or  other  hardware  or software, related to  or resulting  from  using  or downloading materials in connection with the our Website or Services, including without limitation any software provide through our Website or Services.

Under no circumstances will Reid Ashbaucher be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

Reid Ashbaucher reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or  imply endorsement, sponsorship or  recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,”  “AS AVAILABLE,”  WITH “ ALL FAULTS”, 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). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  REID ASHBAUCHER, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. REID ASHBAUCHER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF  OUR  WEBSITE OR SERVICES, INCLUDING,  BUT NOT LIMITED  TO,  RELATED SOFTWARE.   REID ASHBAUCHER DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE  FREE OF  VIRUSES  OR  OTHER  HARMFUL COMPONENTS.  THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES,  AND RELATED SOFTWARE  IS DISCLAIMED. WITHOUT LIMITING THE  FOREGOING,  YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.  WE, AS WELL AS ALL  OF OUR AFFILIATES, 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  AND LIMITATION  OF DAMAGES SET FORTH  ABOVE  ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND REID ASHBAUCHER. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION  OR GUARANTEE  NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

Reid Ashbaucher, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website our Content, (e) the content contained on our Website or Services, or (f) any delay or failure in performance of our Website and Services beyond our control.

IN NO EVENT WILL REID ASHBAUCHER OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR   WEBSITE,  CONTENT, SERVICES,   OR   ANY RELATED SOFTWARE, ACCESSED   THROUGH  OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF REID ASHBAUCHER IS AWARE OR HAS BEEN ADVISED  OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY  CONTAINED   HEREIN, REID  ASHBSAUCHER’S LIABILITY TO YOU FOR  ANY   CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may  post  their  own  content  to  our  Website  through  our  Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. Reid Ashbaucher is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Reid Ashbaucher will submit all necessary information to the proper authorities.

If any Member Content is reported to Reid Ashbaucher as being offensive or appropriate, we may ask the Member to retract, delete or otherwise modify the questionable content within 24 hours of being notified by Reid Ashbaucher. Should the Member fail to meet such a request, Reid Ashbaucher has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member OR ban the IP address(s) preventing access to this website, without further notification to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.

Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way.  In  accordance with  the  DMCA and other applicable law, we have adopted  a  policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

1)   Upload, post or otherwise transmit any Member Content that:

  1. Violates any local, state, federal, or international laws.
  2. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  3. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise   objectionable.
  4. Links directly or indirectly to any materials to which you do not have a right to link.
  5. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
  6. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any compute software or hardware or telecommunications equipment, or to extract information from our Website or Services.
  7. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  8. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non- disclosure Agreements).
  9. In the sole judgment of Reid Ashbaucher, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Reid Ashbaucher, our affiliates, or our Users to any harm or liability of any type.

2)   Use our Content to:

  1. Create compilations or derivative works as defined under United States copyright law.
  2. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

3)   Decompile, disassemble or reverse engineer our Website, Services, and any related software.

4)   Use our Website or Services in any manner that violates this Agreement or any local,  state, federal, or international laws.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Website and Services in any manner consistent with our Privacy Policy.

All  remarks,  suggestions,  ideas,  graphics,  or  other  information communicated  by you to  us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us,  have  full responsibility for  the message, including  its  legality, reliability, appropriateness, originality, and copyright.

How Information is Used

We use the information we receive from you as follows:

  1. Providing and Improving Our WebsiteWe may use the PII you provide to us along with any computer information we receive to provide our Website to you as well as to make improvements to it.
  2. Communications and Email AlertsWhen we communicate with you about our Website, we will use the email address you provided when registering as a Member.  We may also send you Website alerts regarding your use of our Website.  Finally, we may also send you emails with promotional information about our Website or offers from us or our affiliates, unless you have opted out of receiving such information.  You can change contact preferences at any time through your account.  While you can opt-out of promotional messages, you cannot opt-out of receiving Website alerts.
  3. Community Discussion BoardsOur Website may offer the capability for Users to communicate with each other through online Community Discussion Boards.  We do not filter or monitor what is posted on such discussion boards.  If you chose to post on these discussion boards, you should use care when exposing any PII as such information is not protected by our Privacy Policy nor are we liable should you choose to disclose PII through such postings.
  4. Legally Required Releases of InformationWe may be legally required to disclose your PII, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties including you and/or other Members; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of our Users, employees, and affiliates.
  5. Disclosures to Successors If our business is acquired or merges, in whole or in part, with another business that would become responsible for providing the Website to you, we retain the right to transfer your PII to the new business.  The new business would retain the right to use your PII according to the terms of this Privacy Policy as well as to any changes to this Privacy Policy as instituted by the new business.

Privacy Policy

Our Privacy Policy is considered part of this Agreement. You must review this Privacy Policy by reading it as posted on this site.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action  we  deem appropriate, including  but  not limited to  reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you.  By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites.  Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. Reid Ashbaucher has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at  the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Refund and Return Policy

To the extent that you purchase any goods or services directly from us, there are no refunds given for the purchase of ad promotional space on our book promotion sub-domain. ALL SALES ARE FINAL. No refunds will be given for book promotion ad data lost or for any Website down time. If data is lost, re-submission of that same data will be granted at no cost.

As to our affiliate(s) bookstore and advertising links, all sales, refunds and returns are subject to our affiliate’s terms and conditions of sales and shipping. All links to this information can be found on our affiliate’s websites.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website  operations, intellectual  property,  and  our Service,  shall be  settled  solely by binding arbitration in  accordance  with  the commercial  arbitration rules  of  the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in Toledo, Ohio, and judgment on the arbitration award may be entered  into  any  court  having  jurisdiction thereof.   Either  you  or  us may seek any  interim  or preliminary relief from a court of competent jurisdiction in Toledo, Ohio necessary to protect the rights or property of you and us pending the completion of arbitration.  Each party shall bear one-half of the arbitration fees and costs.

General Terms

This Agreement shall be treated as though it were executed and performed in Toledo, 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.  In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. 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 any Content 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. Our rights under this Agreement shall survive any termination of this Agreement.

Copyright ©  Orion  Systems. All  Rights Reserved. This  document, or any portion of, may not  be copied or duplicated in any way without the written permission of Orion Systems. https://www.disclaimertemplate.com

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Last Update: 11/21/2019

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