PLEASE READ THESE TERMS CAREFULLY
Use of this Web site (the "Site") is conditioned upon your acceptance of the terms and conditions below. By accessing or using this Site and any of the content or services provided through the Site, you acknowledge that you have read, understand and agree to these terms and conditions. These terms and conditions are subject to change from time to time, so you should review these terms and conditions for changes periodically. Use of the Web site after such changes constitutes your acceptance of the terms and conditions in effect at the time of such use.
Scope of Use
This Site is owned and operated by CincyTech. No material from this Site or any Web site owned, operated, licensed, or controlled by CincyTech may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your internal non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of CincyTech’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. Any product, process or technology described in this Web site may be the subject of other intellectual property rights reserved by CincyTech or its affiliates and are not licensed hereunder. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site.
Privacy Policy
Any information you give us will be stored and used in accordance with CincyTech's Privacy Policy. By indicating you accept these terms and conditions, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.
Warranty
THE SITE AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CINCYTECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CINCYTECH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
CINCYTECH MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND CINCYTECH DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
Limitation of Liability
CINCYTECH WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECT WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF CINCYTECH, AN AFFILIATE OF CINCYTECH, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CINCYTECH 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO CINCYTECH, IF ANY, FOR ACCESSING THIS SITE. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity
If you are accessing the Site in the course of a business, you agree to indemnify us and to keep us indemnified from all or any liability or damages incurred in contract, tort or otherwise towards a third party as a result of your use of this Site.
User Submissions
By registering, you certify that the information you provide on the registration form is accurate and pertains only to you. You are responsible for maintaining the confidentiality of your password. Your password may not be shared with any other person.
Governing Law
These terms shall be governed by and construed and enforced in accordance with the laws of the State of Ohio, without reference to conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of Ohio for resolution of all disputes arising from or related to these Terms of Use and/or your use of the Site.
Local Laws
This Site is operated from CincyTech's offices in the United States of America. CincyTech makes no representation that the information and materials on the Site are appropriate or available for use in other locations. Access of the Site from locations where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you are responsible for compliance with all applicable local laws.
Changes and Modifications
CincyTech, at its sole discretion, can change, modify, revise and or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Any use of the Site after such notice shall be deemed to constitute acceptance of such changes, modifications, or revisions. CincyTech may modify its services at any time.
CincyTech may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. CincyTech may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. CincyTech may terminate the authorization, rights and license given to you, as provided herein, at any time.
Third-Party Sites and External Linking to the Site
CincyTech may provide, on the Site, links to web sites operated by other entities as a convenience to users. If you use these sites, you will leave the Site. CincyTech makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. CincyTech disclaims all liability with regard to your access to such linked web sites.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
• you do not remove, distort or otherwise alter the size or appearance of the CincyTech logo;
• you do not create a frame or any other browser or border environment around this Website;
• you do not in any way imply that CincyTech is endorsing any products or services other than its own;
• you do not misrepresent your relationship with CincyTech nor present any other false information about CincyTech;
• you do not otherwise use any CincyTech trademarks displayed on this Website without express written permission from CincyTech;
• you do not link from a website that is not owned by you; and
• your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
CincyTech expressly reserves the right to revoke the right granted in this paragraph for breach of these terms and to take any action it deems appropriate. You shall fully indemnify CincyTech for any loss or damage suffered by CincyTech for breach of this paragraph.
Trademark and Copyright Information
All trademarks and copyrights, unless otherwise noted, are owned or licensed by the CincyTech and its subsidiaries. All other brand names, product names, or trademarks belong to their respective holders.
These Terms of Use are effective as of [May 15, 2009.]
DRAFT 5/4/09