- your use of the Service may be subject to separate third party terms of service and fees, including without limitation, certain Third Party Policies and EULAs;
- the Service is provided “as is” without warranties of any kind and Ohioans Against the Deceptive Rx Ballot Issue’s liability to you is limited;
- access to certain features of the Service may require access to information about the location of your device, such as GPS coordinates.
User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service.
Limited License Grant. By posting or publishing User Content, you grant Ohioans Against the Deceptive Rx Ballot Issue a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Ohioans Against the Deceptive Rx Ballot Issue may be without any compensation paid to you.
User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
Digital Millennium Copyright Act.
DMCA Notification. Ohioans Against the Deceptive Rx Ballot Issue complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact Ohioans Against the Deceptive Rx Ballot Issue’s Designated Agent at the following: email@example.com.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that such activity is expressly permitted by applicable law;
interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
attempt to do any of the prohibited acts described in this Section 7, or assist or permit any persons in engaging in any of the acts described in this Section 7.
Third Party Services and Linked Websites.
Ohioans Against the Deceptive Rx Ballot Issue may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Ohioans Against the Deceptive Rx Ballot Issue with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that Ohioans Against the Deceptive Rx Ballot Issue may transfer such information to the applicable third party service. Such third party services are not under Ohioans Against the Deceptive Rx Ballot Issue’s control, and Ohioans Against the Deceptive Rx Ballot Issue is not responsible for their use of your exported information. The Service may also contain links to third party websites. Such linked websites are not under Ohioans Against the Deceptive Rx Ballot Issue’s control, and Ohioans Against the Deceptive Rx Ballot Issue is not responsible for their content.
Feedback. If you provide feedback to Ohioans Against the Deceptive Rx Ballot Issue regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Ohioans Against the Deceptive Rx Ballot Issue to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Ohioans Against the Deceptive Rx Ballot Issue a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE Ohioans Against the Deceptive Rx Ballot Issue ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE Ohioans Against the Deceptive Rx Ballot Issue ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability.
IN NO EVENT WILL THE Ohioans Against the Deceptive Rx Ballot Issue ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE Ohioans Against the Deceptive Rx Ballot Issue ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Dispute Resolution and Arbitration.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). Ohioans Against the Deceptive Rx Ballot Issue’s address for Notice is: firstname.lastname@example.org. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Ohioans Against the Deceptive Rx Ballot Issue may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Ohioans Against the Deceptive Rx Ballot Issue must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, Ohioans Against the Deceptive Rx Ballot Issue will pay you: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by Ohioans Against the Deceptive Rx Ballot Issue in settlement of the dispute prior to the arbitrator’s award; or (c) $1,000, whichever is greater.
No Class Actions. YOU AND Ohioans Against the Deceptive Rx Ballot Issue AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Ohioans Against the Deceptive Rx Ballot Issue agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications. If Ohioans Against the Deceptive Rx Ballot Issue makes any future change to this arbitration provision (other than a change to Ohioans Against the Deceptive Rx Ballot Issue ’s address for Notice), you may reject any such change by sending us written notice within thirty (30) days of the change to Ohioans Against the Deceptive Rx Ballot Issue ’s address for Notice, in which case your account with Ohioans Against the Deceptive Rx Ballot Issue will immediately be terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
Contact Information. The services hereunder are offered by Ohioans Against the Deceptive Rx Ballot Issue. You may contact us by emailing us at email@example.com.