LEGAL TERMS OHIO TRAVEL BAG, LLC March 17, 2016
Unless otherwise indicated, www.ohiotravelbag.com, its contents, and any related website(s) and/or application(s) (collectively, the “Site”) are the property of Ohio Travel Bag, LLC, an Ohio limited liability company, and/or its subsidiaries, affiliates, or assigns (“we,” “us,” “our,” etc.). The Site is protected without limitation, pursuant to U.S. and foreign copyright and trademark laws. These Terms constitute a legally binding agreement by and between its users (“you,” “your,” etc.) and us. By accessing or using the Site, you accept these Terms and agree to the provisions, terms, conditions, notices, and disclaimers contained or referenced herein whether or not you become a registered user.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME, WHEREOF WE WILL PROVIDE NOTICE ON OR THROUGH THE SITE. YOUR CONTINUED USE OF THE SITE THEREAFTER CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.
We hereby grant you a limited right to access and make personal use of the Site for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms including, without limitation, the prohibitions listed in these Terms. Except as otherwise provided in the preceding sentence, you may not modify copy, reverse engineer, decompile, create derivative works, distribute, republish, commercially exploit, or upload any of the material on this Site without prior, written consent from us. No intellectual property or other rights in and to this Site -- other than the limited right to use set forth above -- are transferred to you.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE ALSO DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate the accuracy and completeness of all information, opinions, and other material on this Site. Price information is subject to change without notice.
To the fullest extent permitted by applicable laws, we and our employees, agents, suppliers, and contractors shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising – including, without limitation, any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character -- even if we have been advised of the possibility of such damages or losses arising out of or in connection with the use of this site or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus-checking as you consider necessary.
To the extent that portions of this Site (such as “reviews” or “bulletin boards”) provide users an opportunity to post and exchange information, ideas and opinions (“Postings”), BE ADVISED THAT WE HAVE NO OBLIGATION TO SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS SITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we shall in no event have any
responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site.
We reserve the right to monitor all Postings and to remove any which we consider in our sole discretion to be offensive or otherwise in breach of these Terms.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
You hereby authorize us and grant us a worldwide, perpetual, non-exclusive, and royalty-free license to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that we or such other parties see fit. You shall have no claim or other recourse against us for infringement of any proprietary right in Postings and expressly waive any and all rights related thereto.
You are prohibited from using another user’s account without their written permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You shall notify us immediately of any breach of security or unauthorized use of your account. We will not be liable and hereby disclaim any liability for any losses caused by any unauthorized use of your account.
By providing us with your email address you consent to our using the email address to send you promotional, marketing, and/or Site-related notices, including any notices required by law, in lieu of communication by postal mail. If you do not want to receive any such email messages, you may opt out by unsubscribing from such email communications from us. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You hereby represent and warrant to us that: all information that you provide us is true and accurate; you will not use the Site in violation of any Federal, State or local law, rule, ordinance or governmental regulation; and, you will only access the Site on computers and mobile devices for which you are the authorized owner or have authority to access.
You hereby agree to indemnify and hold us harmless from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim, any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by us -- directly or indirectly -- by reason of any act or omission which you commit in breach of these Terms, and the obligations, representations, and warranties contained herein.
Digital Millennium Copyright Act Compliance
If you have any copyright concerns about any materials posted on this Site by others, please let us know. We comply with the applicable provisions of the Digital Millennium Copyright Act (17 U.S.C.A. § 512). Please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:
Ohio Travel Bag, LLC
6481 Davis Industrial Parkway Solon, Ohio 44139
To be effective, the Notice must include the following:
A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address;
Identification of the allegedly infringing material on the Site (“Infringing Material”), and information reasonably sufficient to permit us to locate such material on the Site;
Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or, if multiple copyrighted works at a single site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the Notice is accurate, and, under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site is intended for persons having the legal capacity to be bound by these Terms, or acting with the express or implied consent of their parent or legal guardian. By using our Site, you represent and warrant that (i) you are over 18 years of age; and, (ii) that you have the right, authority, and capacity to accept these Terms and abide by all of the terms and conditions set forth herein. Children younger than 18 years of age may not register and use the Site under any circumstances.
By registering an account, you warrant that: you are the parent or legal guardian of the child that is the subject of your account; you have the authority of the parent or legal guardian of the child to register the account for that child; or you have the authority of the person that is the subject of the account if that person is not a minor.
Payment Terms; Purchases
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
All descriptions, images, references, features, content, specifications, products, and prices of products described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products on the Site does not imply or warrant that these products will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We make a conscientious effort to describe and display products accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
All products sold on the Site are sold in accordance with and subject to Ohio Travel Bag's standard Terms of Sale. Terms of Sale are subject to change and can be found at www.ohiotravelbag.com/pages/terms-and- conditions.
Disclaimer of Warranties
YOU AGREE THAT:
A. IF YOU USE OUR SITE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
B. WE EXPRESSLY DO NOT WARRANT THAT, AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES THAT: (A) OUR SITE WILL MEET YOUR REQUIREMENTS; (B) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
C. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S PROPERTY RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SITE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE.
D. NO DATA, INFORMATION, OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
E. CERTAIN MANUFACTURERS AND/OR PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
LIMITATION OF LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SITE, (B) THE COST OF REPLACEMENT OF ANY INFORMATION STORED OR MANAGED USING OUR SITE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY PROFESSIONALS, CONSUMERS, SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SITE, (E) THE ACCURACY OF ANY INFORMATION PRESENTED ON THE SITE REGARDING THE LOCATION OR ACTIVITIES OF OTHERS; (F) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SITE OR THESE TERMS; OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES,
TRANSPORTATION STOPPAGES OR SLOWDOWNS, THE INABILITY TO PROCURE SUPPLIES OR MATERIALS, JUDICIAL DELAYS, PERFORMANCE DEFECTS, OR THE CURE THEREOF.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SITE OR THESE TERMS EXCEED THE SUM OF FIVE DOLLARS ($5.00).
D. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE HAVE NO CONTROL OVER THE BEHAVIOR OF ANY OTHER USER OF THE SITE, AND WE HEREBY DISCLAIM ALL WARRANTIES AND LIABILITIES RESPECTING THE CONDUCT OTHER USERS.
E. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
F. IN NO EVENT SHALL WE, OUR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SITE, OR ANY VENUES, PERSONS, OR ENTITIES, YOU MAY INTERACT WITH ARISING FROM YOUR USE OF THE SITE, OR ANY BUSINESS TRANSACTIONS INTO WHICH YOU MAY ENTER OR CONSUMMATE WITH THEM.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The “reviews section” on our site, including all site-related content and services is provided by us. Your use of the reviews section is subject to your compliance with the terms herein.
We welcome you to post reviews, ideas and views to the reviews section, subject to your agreement to comply with these terms. By posting to the reviews section or otherwise transmitting comments, pieces, ideas or other information (collectively, “Submissions”) on the reviews section, you grant to us and our designees a worldwide, non-exclusive, sublicensable, assignable, royalty-free, perpetual, irrevocable right (including any moral rights) and license to use, reproduce, distribute, create derivative works based on, perform and display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions. You also permit any other user to access, display, view, store and reproduce such Submissions for personal use.
You acknowledge that to the extent that you include Personally Identifiable Information in Submissions, we may republish such information as part of the content. If we republish your content, we may provide authorship credit by listing your name as well.
Although we have no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (a) monitor the Submissions; (b) alter, edit, or remove any Submission; or (c) disclose any Submissions. This section will survive any termination or expiration of these Terms.
We have adopted the “Reviews Section Rules” set forth below to create a forum where information and views can be shared in a productive way. While using the reviews section, you agree to adhere to the Reviews Section Rules below.
You agree to:
• Respect other reviewers — you agree not to threaten, insult, abuse, intimidate or harass other reviewers. You agree not to:
Post any messages that violate non-disclosure agreements or reveal proprietary information.
Post any private information or otherwise harvest, collect or disclose information, about another reviewer
without his or her express consent.
Post any content to the reviews section that is unlawful, racist, hateful, libelous, defamatory, obscene, or
that intentionally discriminates against or harasses particular individuals or groups.
Post any content to the reviews section that infringes any third-party's intellectual property or other rights.
Use the reviews section for any unlawful purpose, or transmit or otherwise make available in connection
with the blog any material that would give rise to criminal or civil liability.
Use the reviews section for advertisements, chain letters, “spamming,” survey solicitations, junk mail or
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person
Transmit any harmful, invasive or disruptive code or other materials (such as viruses, worms or web bugs)
through or to the reviews section, or otherwise “hack” or deface any portion of the reviews section.
Frame or mirror any part of the reviews section without our prior written authorization.
You acknowledge that we have the right, but not the obligation, to modify or remove, any Submissions that violate the Reviews Section Rules or that otherwise violate these terms.
You acknowledge and agree that the information and materials presented on or through the reviews section will remain our property and the property of our licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by us (including books, chapters from books, articles, photographs, graphics, video and audio content) are protected by copyright under the copyright laws of the United States and other countries. All individual articles and content produced by us are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by us.
The trademarks, service marks, logos and trade names displayed on the Site (collectively the “Marks”) are our registered and unregistered trademarks, and those of our licensors and suppliers and certain third parties. All Marks on the Site not owned by us are the property of their respective owners. The Marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours.
These Terms are governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the State of Ohio, County of Cuyahoga, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts, in any matter arising out of or related to the flog or these terms. If any provision of these terms is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. We may assign our rights and obligations under these Terms. These, together with all policies referred to herein, are the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
If you have any questions or feedback about these Terms, feel free to contact us at firstname.lastname@example.org or write to:
Ohio Travel Bag, LLC
6481 Davis Industrial Parkway Solon, Ohio 44139