| Ohio Association of Area Agencies on
Aging (“OAAAA“) makes this Web site (the “Site“),
including all information, documents,
communications, files, text, graphics, software, and
products available through the Site (collectively,
the “Materials“) and all services operated by OAAAA
and third parties through the Site (collectively,
the “Services“), available for your use subject to
the terms and conditions set forth in this document
and any changes to this document that OAAAA may
publish from time to time (collectively, the “Terms
of Use“).
By accessing or using this Site in any way,
including, without limitation, use of any of the
Services, downloading of any Materials, or merely
browsing the Site, you agree to and are bound by the
Terms of Use.
OAAAA reserves the right to change the Terms of
Use and other guidelines or rules posted on the Site
from time to time at its sole discretion, without
notice beyond the Terms of Use declaration. Your
continued use of the Site, or any Materials or
Services accessible through it, after such changes
have been posted in the Terms of Use constitutes
your acceptance of the changes. Your use of the Site
will be subject to the most current version of the
Terms of Use, rules, and guidelines posted on the
Site at the time of such use. You should
periodically check the “Terms of Use“ link on the
Site‘s home page to view the then-current terms. If
you breach any of the Terms of Use, your
authorization to use this Site automatically
terminates, and any Materials downloaded or printed
from the Site in violation of the Terms of Use must
be immediately destroyed.
Intellectual property; limited license to
users
The Materials and Services on this Site, as well as
their selection and arrangement, are protected by
copyright, trademark, patent, and/or other
intellectual property laws, and any unauthorized use
of the Materials or Services at this Site may
violate such laws and the Terms of Use. Except as
expressly provided herein, OAAAA and its suppliers
do not grant any express or implied rights to use
the Materials and Services. You agree not to copy,
republish, frame, download, transmit, modify, rent,
lease, loan, sell, assign, distribute, license,
sublicense, reverse engineer, or create derivative
works based on the Site, its Materials, or its
Services or their selection and arrangement, except
as expressly authorized herein. In addition, you
agree not to use any data mining, robots, or similar
data gathering and extraction methods in connection
with the Site.
Use of Services.
When using Services on this Site that are offered by
OAAAA, you shall be subject to any posted
guidelines, rules, or licenses applicable to such
Services and to the Terms of Use. Such guidelines,
rules, or licenses may contain terms and conditions
in addition to those in the Terms of Use.
In addition to the Materials and Services offered
by OAAAA, this Site also makes available materials,
information, and services provided by third parties
(collectively, the “Third-Party Services“). The
Third-Party Services are governed by separate
license agreements that accompany such services.
OAAAA offers no guarantees and assumes no
responsibility or liability of any type with respect
to the Third-Party Services, including any liability
resulting from incompatibility between the
Third-Party Services and the Materials and Services
offered by OAAAA. You agree that you will not hold
OAAAA responsible or liable with respect to the
Third-Party Services or seek to do so.
Use of OAAAA Content.
Except as indicated to the contrary elsewhere on
this Site, you may view, download, and print the
OAAAA Content available on this Site subject to the
following conditions:
- The OAAAA Content may be used solely for
personal, informational, and internal purposes.
- The OAAAA Content may not be modified or
altered in any way.
- The OAAAA Content on the Site may not be
distributed or sold, rented, leased, or licensed
to others.
- You may not remove any copyright or other
proprietary notices contained in the OAAAA
Content.
- OAAAA reserves the right to revoke the
authorization to view, download, and print the
OAAAA
- Content available on this Site at any time,
and any such use shall be discontinued
immediately upon notice from OAAAA.
The rights granted to you constitute a license
and not a transfer of title.
Trademark information
The trademarks, logos, and service marks (“Marks“)
displayed on this Site are the property of OAAAA or
other third parties. You are not permitted to use
the Marks without the prior written consent of OAAAA
or such third party that may own the Marks. The
OAAAA logo are trademarks of Ohio Association of
Area Agencies on Aging
User conduct
In using the Site, including all Services and
Materials available through it, you agree:
- not to disrupt or interfere with any other
user‘s enjoyment of the Site or affiliated or
linked sites;
- not to upload, post, or otherwise transmit
through the Site any viruses or other harmful,
disruptive, or destructive files;
- not to create or use a false identity;
- not to use or attempt to use another‘s
account, password, service, or system without
authorization from OAAAA;
- not to disrupt or interfere with the
security of, or otherwise cause harm to, the
Site, or any Services, Materials, system
resources, accounts, passwords, servers, or
networks connected to or accessible through the
Site or any affiliated or linked sites.
Managing content and communications
Although it is not our intention to do so, OAAAA
reserves the right, in its sole discretion, to
restrict, suspend, or terminate your access to all
or part of this Site, at any time if we have cause
to do so (including, without limitation, our good
faith belief that you have violated the Terms of
Use) without prior notice or liability.
Use and protection of account number and
password
You are responsible for maintaining the
confidentiality of your account number, account
name, and/or password, if applicable. You are
responsible for damages resulting from all uses of
your account number, account name, and/or password,
whether actually or expressly authorized by you,
unless access to your account number, account name,
and/or password was obtained through no fault or
negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN
AGREEMENT BETWEEN YOU AND OAAAA OR YOU AND A THIRD
PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR
SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES
ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
OAAAA MAKES NO WARRANTY THAT (i) THE SERVICES AND
MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE
SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR
MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR
MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE
SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS
IN THE SOFTWARE USED THROUGH THE SITE, OR ANY
DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS,
WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES, OR TYPOGRAPHICAL ERRORS. OAAAA MAY
MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS
SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.
THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF
DATE, AND OAAAA MAKES NO COMMITMENT TO UPDATE SUCH
MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) OAAAA DOES
NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR
ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD
PARTIES THROUGH THE SITE, INCLUDING, WITHOUT
LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES
ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) OAAAA
MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER
ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT,
PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY
HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK;
AND (iv) OAAAA SHALL NOT BE LIABLE OR RESPONSIBLE
FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY
THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER
USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT
YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM
THAT RESULTS FROM SUCH ACTIVITIES. OAAAA ASSUMES NO
LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR
SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER
FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR
MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM OAAAA OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT
PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO
NINETY (90) DAYS.
Personal information and privacy
To learn about how OAAAA protects your personal
information, such as your name and address, refer to
the OAAAA Online Privacy Policy. Except as set forth
in the Privacy Policy or in the Terms of Use, your
personal information will be deemed to be
confidential. Any non-personal information or
material sent to OAAAA will generally be deemed to
NOT be confidential. You understand and agree that
we may disclose information about you if we have a
good faith belief that we are required to do so by
law or legal process, to respond to claims, or to
protect the rights, property, or safety of OAAAA or
others, or as stated in our Privacy Policy.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL OAAAA, ITS SUBSIDIARIES,
AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES,
PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA,
OR PROFITS, WHETHER OR NOT OAAAA HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY
OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH
THE USE OF OR THE INABILITY TO USE THIS SITE, ITS
SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF
ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS
WITH VENDORS OR OTHER THIRD PARTIES, ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT
OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO
STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY
SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED
OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED
TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND
EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Indemnity and liability
You agree to indemnify and hold OAAAA, and its
subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees,
harmless from any claim or demand, including
reasonable attorneys‘ fees, made by any third party
due to or arising out of content you submit, post
to, or transmit through the Site, your use of the
Site, your connection to the Site, your violation of
the Terms of Use, or your violation of any rights of
another person or entity.
Governing law and jurisdiction
This Site (excluding linked sites) is controlled by
OAAAA from its offices within the state of Ohio,
United States of America. By accessing this Site,
you and OAAAA agree that all matters relating to
your access to, or use of, this Site shall be
governed by the statutes and laws of the State of
Ohio, without regard to the conflicts of laws
principles thereof.
Language
It is the express wish of the parties that the Terms
of Use and all related documents have been drawn up
in English. C‘est la volonté expresse des parties
que la présente convention ainsi que les documents
qui s‘y rattachent soient rédigés en anglais.
General
The Terms of Use and other rules, guidelines,
licenses, and disclaimers posted on the Site
constitute the entire agreement between OAAAA and
you with respect to your use of the Site. If for any
reason a court of competent jurisdiction finds any
provision of the Terms of Use, or portion thereof,
to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to
effect the intent of the parties as reflected by
that provision, and the remainder of the Terms of
Use shall continue in full force and effect. Any
failure by OAAAA to enforce or exercise any
provision of the Terms of Use or related right shall
not constitute a waiver of that right or provision.
The section titles used in the Terms of Use are
purely for convenience and carry with them no legal
or contractual effect. |