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WEBSITE TERMS AND CONDITIONS

 

                                 

1.         Acceptance of the Terms and Conditions 

 

Welcome to the website of Lynn Mangan LLC (“Company,” “we,” “us,” or “our”).  The following terms and conditions, together with any documents referred to in them (collectively, these “Terms”), apply to your access to and use of www.lynnmangan.com, and any corresponding mobile application (collectively, the “Website”) and any content, links, functionality, features, products, services, materials, or other items (including, but not limited to, all information, data, software, text, displays, images, video and audio, and the design, selection, and arrangement of them) offered or obtained on or through the Website (collectively, “Content”).  Company, its licensors, or content providers own all rights associated with the Website and Content.

 

Please read the Terms carefully before you (“you” or “your”) use the Website.  By visiting or using the Website you agree to be bound and abide by these Terms.  If you do not agree to these Terms, please exit the Website.

 

2.         Changes to the Terms

 

We may revise and update these Terms from time to time in our sole discretion. You must check this page every time you use the Website to take notice of any changes we made, as they are binding on you.  All material changes shall apply prospectively only.  Any changes to the dispute resolution procedures set forth below shall not apply to any disputes for which you and the Company had actual notice as of the date the change was posted on the Website.  If you continue to use the Website following the posting of revised Terms, then you agree to be bound and abide by any changes.

 

3.         Accessing the Website 

 

a.  Legal Age.  If you are not of legal age to form a binding contract (in most jurisdictions, this is 18 years old), then you must get your parent or guardian to read these Terms and agree to them for you before you may use this Website or provide any information to us.  You must review these Terms with your parent or guardian, so that you both understand how the Website works and what restrictions apply to your use of our Website.

 

b.  Withdrawal, Amendment, or Unavailability of Website.  We may withdraw, change, or amend this Website and its Content in our sole discretion at any time without notice.  The Company will not be liable if, for any reason, the Website is unavailable at any time or for any period.  You acknowledge and accept that any information provided by third parties may be out of date.  The Company takes no responsibility to keep information from third parties current.  From time to time, we may restrict access by you or other users to some parts of the Website, or the entire Website, or close the Website indefinitely.  

 

c.  User Responsibility.  You will make all arrangements necessary for you to have access to the Website.  You will ensure that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.

 

d.  User Information.  We may require you to provide certain information as a condition for your access to the Website or some of the resources it offers.  You shall provide All information you provide on the Website must be correct, current, and complete upon which the Company may rely.  You shall use caution when providing personal information on the Website from a public or shared computer so that others are not able to view or record your personal information.  

 

4.         Restrictions on Use

 

a.  Use of Website.  You may use the Website only for lawful purposes and in accordance with these Terms.  You shall not use the Website:

 

  • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

 

  • for exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

 

  • to transmit, or procure the sending of, any advertising, promotional material or any other similar solicitation, without our prior written consent;

 

  • to impersonate or attempt to impersonate the Company, another user, or any person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing);

  • in any way that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website, including their ability to engage in real time activities through the Website;

  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or other users of the Website, or expose them to liability;

  • with any robot, spider, or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the Content on the Website;

  • to monitor or copy any of the Content or for any other unauthorized purpose without our prior written consent;

  • with any device, software, or routine that interferes with the proper working of the Website;

  • to introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;

  • to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;

  • to attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

  • otherwise attempt to interfere with the proper working of the Website or its Content.

 

b.  Geographic Restrictions.  The owner of the Website is based in the State of Ohio in the United States. You understand and acknowledge that: (i) we provide this Website for use only by persons located in the United States; and (ii) access to the Website may not be legal by certain persons or in certain countries.  We do not represent or warrant that the Website or any of its Content is accessible or appropriate outside of the United States.  If you access the Website from outside the United States, then you do so of your own initiative and must comply with any applicable laws in that jurisdiction.

 

5.         User IDs and Passwords

Certain areas or features of this Website may be restricted to users who have obtained a user identification and password by completing a registration process described on this Website.  Please be sure to protect and maintain the confidentiality of any user identification, password, or other identifying information you may obtain in connection with your use of this Website or Content.  You agree to notify the Company immediately if you believe your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised.  You are solely responsible for all damages or claims that may arise from any access to or use of this Website or Content by any person to whom you have provided your user identification, password, or other identifying information, or by any person who has obtained such information from you, including but not limited to, any access to or use of this Website that may occur after you have notified us that your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised. 

 

6.         Intellectual Property Rights

 

a. Ownership by Company.  You understand and acknowledge that: (i) the Website and its Content are owned by the Company, its affiliates or other providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws; (ii) the Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its Affiliates; (iii) all other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners; and (iv) no right, title or interest in or to the Website or any Content on the Website is transferred to you.  You shall not use these marks and other Content without the prior written consent of the Company or their respective owners. We reserve all rights not expressly granted in this section.

 

b. Restrictions on Use of Website Content.  You may use the Website for your legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of the Company.  You shall not:

 

  • modify any Content from the Website;

  • use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text;

  • delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from the Website;

  • reproduce, sell, or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or its Content; or

  • use or access the Website in any way, that in our sole discretion, adversely affects or could adversely affect the performance, function, or intellectual property rights of the Website or any other system used by us or the Website.  

c. Request for Permitted Use.  If you wish to make any use of Content on the Website other than that set out in this section, please email your request to smanganuc@gmail.com.  We may, in our sole discretion, choose to grant your request or not.

d. Unauthorized Use.  If you print, copy, modify, download, or otherwise use any part of the Website in breach of these Terms: (i) we may terminate your right to use the Website immediately; and (ii) you must, at our option, return or destroy any copies of the Content you have made.  You understand and acknowledge that any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

7.         Infringement of Your Intellectual Property   

 

a. Digital Millennium Copyright Act Notice.  Company is committed to protecting copyrights and expects you to do the same.  The Digital Millennium Copyright Act of 1998 (17 U.S.C. §512), also known as the DMCA, provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.  If you believe in good faith that any material used or displayed on the Website infringes your copyright, you may send us a notice requesting that the material be removed, or access to it blocked.  If you believe that any material on the Website infringes a copyright, or any valid intellectual property right, please provide the following information to Company’s DMCA Agent:

 

i.    a physical or electronic signature of a person authorized to act on your behalf;

 

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 us to locate the material;

 

iv.  information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

 

v.   statement that you have 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; and

 

vi.  statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

 

b. Other Users’ DMCA Requests.  You understand and acknowledge that: (i) other users or third parties may also submit DMCA notices in regard to your own user contributions; and (ii) we must respond promptly by removing the allegedly infringing material from the Website. We may contact the user from which any allegedly infringing user contributions originated about your DMCA notice.

 

c. Digital Millennium Rights Act Counter-Notice.  If you believe that Content or user contributions posted on the Website was mistakenly removed, you may file a counter-notice under the DMCA. You understand and acknowledge that: (i) other users or third parties may also submit DMCA counter-notices in regards to your own DMCA notice; and (ii) we will respond promptly by replacing the removed material not less than 10, nor more than 14 business days following receipt, unless you submit notice to our DMCA Agent that you have filed an action seeking a court order to restrain the allegedly infringing activity. We may contact the user or third party from which the DMCA notice originated about your DMCA counter-notice. For your counter-notice to be effective under the DMCA, you, or a person authorized to act on your behalf, must provide to our DMCA Agent substantially the following information in writing:

 

  • your physical or electronic signature;

  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the party who provided notification under subsection (c)(1)(C) or an agent of such party.

 

d.  Submitting a Complaint.  You shall submit the information above to our DMCA Agent follows:

 

By Mail:           Mangan Law, LLC

1008 Marion Ave

Cincinnati, Ohio 45229

                          By Email:         smanganuc@gmail.com

 

e. False Claims.  We do not tolerate false claims of infringement.  You understand and acknowledge that the DMCA makes complaining parties liable for materially misrepresenting in a notice or counter-notice that Content or user contributions are infringing an exclusive right or were removed by mistake. 

8.         Website Linking

a. Linking to the Website.  You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You shall not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.  You shall cooperate with us in stopping any unauthorized framing or linking immediately to cease.  We may withdraw linking permission without notice.

 

b. Linking from the Website.  You understand and acknowledge that: (i) if the Website contains links to other sites or applications and resources provided by third parties, these links are provided for your convenience only (including links contained in advertisements and sponsored links); (ii) we have no control over the contents of those sites, applications, or resources; (iii) if you decide to access any of the third-party websites or applications linked to this Website, you do so at your own risk and are subject to the terms and conditions of use for such websites and applications. You shall not hold us liable for the links or for any loss or damage that may arise from your use of them.

 

9.         Disclaimer of Warranties

 

COMPANY MAKES NO REPRESENTATIONS ABOUT THE SERVICES AND PRODUCTS OFFERED ON THIS WEBSITE OR THOSE SERVICES AND PRODUCTS PROVIDED BY OUR AFFILIATES.  COMPANY MAKES NO REPRESENTATIONS ABOUT THE SERVICES AND PRODUCTS OBTAINED FROM USING THIS WEBSITE. 

 

THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS.  COMPANY AND ITS AFFILIATES, TO THE FULLEST EXTENT PROVIDED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT OF THIRD-PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY, OR TIMELINESS OF THE CONTENT, INFORMATION, SERVICES, AND PRODUCTS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE.  NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY COMPANY IN THESE TERMS OF USE. 

 

10.        Supplier Rules and Restrictions

 

Additional terms and conditions will apply to your reservation and purchase of services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Affiliate with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Affiliate’s rules and restrictions

 

11. Assumption of Risk

 

You assume all risk associated with your use of the Website or its Content.  You shall implement sufficient procedures and checkpoints to satisfy your particular requirements for: (1) anti-virus protection; (2) accuracy of data input and output; and (3) maintaining external means to our Website for any reconstruction of any lost data.

 

12. Limitation on Liability

 

You agree that under no circumstances will the Company be liable to you or any other person or entity for any damages or injury, including any direct, special, incidental, consequential, or punitive damages, or any other damages or injury caused by error, inaccuracy, omission, interruption, defect, failure of performance, delay in operation or transmission, telecommunications failure, computer virus, or other problem that may result from the use of or inability to use this Website or Content.  

 

You shall not hold the Company or its Affiliates responsible or liable for such loss or damages regardless of whether they are caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.  These exclusions do not affect any liability, which cannot be excluded or limited under applicable law. 

 

13. Indemnification

 

You shall defend, indemnify, and hold harmless the Company and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms or your use of the Website or its Content other than as expressly authorized in these Terms or your use of any information obtained from the Website.  If the Company suspects that you have breached these Terms, the Company may investigate the matter.  You must hold harmless the Company from any and all claims arising out of: (1) any action taken by the Company during or as a result of its investigations; and (2) any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

 

14. Governing Law

 

These Terms are governed by the laws of the State of Ohio, notwithstanding any conflicts of law principles.

 

15. Dispute Resolution

 

Parties in dispute because of these Terms agree to submit to binding arbitration with a neutral arbitrator mutually agreed upon by the parties who has significant experience in the subject matter.  If the parties to the dispute, making a good faith effort to mutually agree upon an arbitrator, fail to do so within 20 days, the parties agree the Company will select the arbitrator.  The cost of the arbitrator will be born equally by the parties.  The place of the arbitration will be Hamilton County, Ohio, and Ohio law will apply.  The parties shall perform any award rendered by the arbitrator and agree that a judgment may be entered by any court having jurisdiction.

 

16. Limitation on Time to File Claims

 

You must commence any cause of action or claim you may have arising out of or relating to these Terms or the Website or its Content within one year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

 

17. Waiver

 

The waiver, delay, or failure by the Company to exercise any right, power, or privilege granted by any provision of these Terms at any time shall not operate as a continued waiver or preclude the further exercise of any right, power, or privilege granted to the Company by that provision or any other provision of these Terms.

 

18. Severability

 

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall not be terminated but shall be modified to the maximum extent enforceable by law.  If a provision cannot be modified to a satisfactory degree in the judgment of such court, the remainder of these Terms shall continue in full force and effect.

 

19. Entire Agreement

 

These Terms constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

©2020 by Lynn Mangan