Canville Communications Site Terms of Use Agreement

Thank you for visiting the Canville Communications Internet World Wide Web Site (“Canville Communications/Us/We”.) This document is our Terms of Use Agreement. This is a legal document and you, our user or site member (“You”) must read, understand and agree to be bound by the terms and conditions contained in this document for you to have our permission to visit and use our web site. Should you visit or use our web site in any way, you are agreeing that you have read and understand and agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions do not use our web site.

We may alter, modify or otherwise change this Terms of Use Agreement at any time without any notice to you. Please review this Agreement each time you visit our site. Any changes we make to this Agreement will be effective immediately. Your continued use of our web site means that you have accepted and agreed to be bound by any modifications in this Agreement.

Please read our Privacy Policy before using our site.

Membership Access Areas

Any membership only area provided via this web site is provided on a subscription basis. It is your responsibility to maintain confidentiality regarding your user ID and password as noted herein. Your subscription membership is non-transferable.

General Disclaimer

We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site are provided to you “As Is, Where Is”, without any warranty of any kind, express or implied.

We are not responsible for any accuracy or errors present in any of the content present on our site. We are not responsible for any content provided to you via advertisers, or links to other web locations. We are not responsible for any indecent, obscene, hate or objectionable content of any nature that you are exposed to on our site or via our advertisers or links to our site. The Internet contains content that may be obscene, indecent or otherwise objectionable in nature. We are not responsible for such content. No minor should ever access the Internet without the direct supervision of an adult. Minors who access the Internet are at considerable risk of harm. We do not guarantee that our web site will be operational 100% of the time. We do not accept liability for the actions of any third parties. We do not accept responsibility for any loss of data, content, or interruption in service either at this site or on any of the various elements that comprise the Internet in total and you agree to hold us harmless and to indemnify Canville Communications, its officers, directors, employees, agents, content providers and suppliers from the same.

Termination of Service

We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account.

License

You have the right to use this web site for personal use only. All content on this web site is protected by United States Copyright Law, state laws, international treaties and foreign Copyright Laws and Agreements. You may not print, publish, distribute, or copy any of this content without our written permission. Some content on this site may be available only to paid subscribers.

If you would like to license any of the content on our site for the purpose of republication or distribution, please contact us at:

    Canville Communications
    4836 Duff Drive, Suite B
    West Chester, Ohio 45246

Usage Rules

You agree that you will not use our site, or any of our tools or services, for any purpose that is illegal or prohibited by this Agreement. If you are given a password and ID number to use our site, you must keep it a secret and you are responsible for anyone who you intentionally or negligently allow access to your password and ID. We may at any time, for any reason, in our sole discretion, deny you access to this site. You may not harass, threaten, or stalk any person using our site. If provided with any email tools or services, you may not use such tools to “spam” any person or business. If provided with your own web site via our services, you must operate your web site in a lawful manner. You may never post any content to our site that you do not own the copyright to or have a legal license to use, and you may never post any content that is illegal, harmful, indecent, obscene, or of an unsuitable nature for minors. Canville Communications will cooperate with any legal authority investigating the illegal or improper use of this site, or our tools and services and report crime when noted to the FBI or other appropriate law enforcement agency.

We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.

Intellectual Property Notices

You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.

All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.

Indemnification

You agree to indemnify, defend and hold harmless Canville Communications, its officers, directors, employees, agents, content providers and suppliers from and against all losses, expenses, damages, injuries, and costs. This includes reasonable attorney’s fees, resulting from any violation of this agreement or any activity related to your usage—including infringement of third parties’ worldwide intellectual property rights or negligent, or wrongful conduct by you or any other person accessing our site using your user name and password.

Automatic Viewing or Usage of this Site

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

Submissions

All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

Foreign Usage

We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA).

Erratum

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

Special Content Disclaimer

All content published that concerns financial, investment, legal, medical, health, tax matters, fitness, psychological, real estate, and or any area where a government issued license to practice/consult is generally required for the professional rendering such advice is provided for entertainment and general informational purposes only. In all such matters, please consult a licensed professional of your own selection prior to making any personal decision about such matters. This web site, and any and all content provided herein, is not intended to replace professional medical, legal, investment, financial, psychological or other professional advice normally provided by a licensed individual. No professional diagnosis or person advice is provided by way of this web site or the content made available via this web site, only general education or entertainment is provided. Always consult with a licensed professional regarding your personal needs, issues and questions. Any financial or investment information provided should not be considered “Investment Advice” and as such, does not provide any promise, guarantee or warranty that you will have any certainty to specific earnings or any earnings at all. Always consult a licensed financial advisor about any investment you have or intend to make.

DMCA/Copyright Issues

If you believe that a copyright infringement has taken place regarding material that you own or legally control or are responsible for, you may send a written notification of the claimed infringement to our designated agent. This must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Canville Communications to locate the material.
(iv) Information reasonably sufficient to permit Canville Communications to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated agent is:

Mr. Dan C. Rinnert
dcr@canville.com
4836 Duff Drive, Suite B
West Chester, Ohio 45246
Phone/Fax 513-755-3456

Waiver, Release and Limitation of Liability

You agree that neither Canville Communications, nor its officers, directors, employees, agents, partners, advertisers, content providers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of our web site. You hereby release and forever waive any and all claims you may have against Canville Communication, its officers, directors, employees, agents, advertisers, content providers or suppliers for losses or damages you sustain in connection with your use of our web site.

User Representations

You must be at least 18 years of age to use our site. You agree to comply with your responsibilities and obligations as stated in this Agreement.

Links

This web site contains links to other sites. We are not responsible for the privacy practices or content on such sites, including the sites belonging to our advertisers. Please be aware of when you leave our site. Please review the privacy policies of all sites that you visit.

Third Party Advertising

The site may publish or facilitate the publishing of content made available by third party advertisers. We are not responsible for such content and have no direct control over such content. You agree to hold Carville Communications, its officers, directors, employees, agents, advertisers, content providers or suppliers harmless and indemnify them against any losses, damages, fees, court costs, attorney’s fees and any and all other harm or loss sustained by you or your minor children regarding such content or any content provided, distributed or published by or via this site.

Jurisdiction/Arbitration

This Agreement will be governed by and construed in accordance with the internal laws of the State of Ohio, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Ohio, or the closest J.A.M.S office nearest to Canville Communication’s Ohio office, before J.A.M.S./ENDISPUTE or its successor (“JAMS”) pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the “JAMS Rules”), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties and each party will initially bear its own costs and attorneys’ fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.

Notice Requirements

We may deliver notice regarding any provision of this Agreement to you via United States Mail, if we are in possession of your mailing address, or at our sole discretion, notice may be sent via email to your last known email address. You have a duty to keep us advised of your current email address should you wish to receive notice, and any such notice shall be sent only to registered subscribers to this site. Otherwise, in our discretion, we may post general notices on our site to all users regarding whatever issue we deem to be appropriate to address in such a manner.

You may contact us by first class mail by sending your communication to us at:

    Canville Communications
    4836 Duff Drive, Suite B
    West Chester, Ohio 45246

Severability

If for any reason any provision of this Agreement is deemed to be unenforceable or invalid, that provision is severable, and such unenforceability or lack of validity shall not in anyway affect the validity or enforceability of the remaining provisions.