TERMS AND CONDITIONS

GUARDIAN PUBLISHING, LLC, its subsidiaries and affiliates (collectively, “GUARDIAN”), requires all visitors to the GUARDIAN website to observe and follow the following terms and conditions.

By accessing, viewing and/or using the GUARDIAN website and the information, content, forms, charts, graphs, photographs, graphics, software or other products or services available by or through the GUARDIAN website (herein after referred to as “Content”), you acknowledge that you have read and agree to be bound by these Terms of Use, and that, to the extent applicable, the Terms of Use supplements any existing Client Agreement(s) and/or Engagement Letters, if any, with GUARDIAN. Please read the following terms and conditions carefully.

Parties. As used within the Terms of Use, the term “You” and “Your” shall mean You, the reader/viewer of the GUARDIAN website, individually, and each other party on whose behalf You may Use the GUARDIAN website at any time.  All references to “We”, “Us” or “Our” shall refer to GUARDIAN.

Usage and Proprietary Rights. All right, title and interest in this Website and the Content is the exclusive property of GUARDIAN, except as otherwise expressly stated. We grant You, for the term of this Terms of Use, a personal, limited, non-exclusive, revocable (at any time), non-transferable license to access the website and the Content subject to this Terms of Use. You have no ownership rights in the Content, which is owned by GUARDIAN, and is protected under copyright, trademark and other intellectual property laws and other applicable laws. You receive no copyright or any other intellectual property right in or to the Content. You may use the Content only for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any Content, including, but not limited to, any information, software, products or services obtained from the website, except for the purposes expressly provided herein, without GUARDIAN’s prior written approval.

You acknowledge that GUARDIAN may provide certain portions of the Content under license from Third Party Providers, and You agree to comply with any additional restrictions on Your usage that GUARDIAN may communicate to You from time to time, or that are otherwise the subject of an agreement between You and such licensors. We retain exclusive control over the Content, and reserve the right, at any time and in our sole discretion, without prior notice to You, to change, suspend or discontinue all or a portion of the Content; and/or impose limits on, restrict or terminate Your access to all or a portion of the Content. You agree that GUARDIAN may monitor Your use of the Content.

Restricted Content. All trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Website are the property of GUARDIAN. The names of other companies and third party products or services mentioned on the website may be the trademarks or service marks of their respective owners. The Marks are protected by U.S. and foreign trademark, common law rights and statutes. You are prohibited from using any Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as meta-tags, without the express written permission of GUARDIAN or such other party that may own the marks.

Third Party Links. Certain links may let you leave the GUARDIAN website. The linked websites are not under the control of GUARDIAN and GUARDIAN is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. GUARDIAN provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement, investigation, verification or monitoring by GUARDIAN of such third party website.

Change to Terms and Conditions. GUARDIAN reserves the right to add, delete or otherwise modify the Terms of Use (or any Supplemental Agreements) at any time without notice to You. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” link located at the bottom of this website. Any continued use of the website after such additions, deletions or modifications shall be deemed to constitute acceptance by you of the additions, deletions or modifications.

DISCLAIMER OF WARRANTIES. The Services on this website are provided on an “as is,” “Where is” and “Where available” basis. ALTHOUGH GUARDIAN TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION on its website, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. GUARDIAN SPECIFICALLY RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANYTIME AND WITHOUT NOTICE. NEITHER WE NOR ANY THIRD PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT MAKES ANY REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING WARRANTIES (A) WITH RESPECT TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT; OR (B) THAT THE CONTENT SHALL BE UNINTERRUPTED OR ERROR FREE. FURTHER, GUARDIAN AND ANY THIRD PARTY PROVIDER THAT CONTRIBUTES IN ANY MANNER TO THE CONTENT DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE CONTENT. YOU ASSUME THE ENTIRE RISK TO THE USE OF THE WEBSITE AND THE CONTENT.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GUARDIAN PUBLISHING, LLC. OR ITS AFFILIATES, SUBSIDIARIES OR CONTROLLING ENTITIES OR THEIR THIRD PARTY PROVIDERS, CONTRACTORS OR TECHNOLOGY OR CONTENT PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES (“GUARDIAN PARTIES”) HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE CONTENT, INCONVENIENCE OR DELAY), CONSEQUENTIAL OR PUNITIVE (TOGETHER, “COSTS”), ARISING OUT OF, OR IN CONNECTION WITH, THIS TERMS OF USE OR THE PERFORMANCE OR BREACH OF THIS TERMS OF USE, YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITY TO ACCESS THE CONTENT, OR FOR ANY INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICE MADE AVAILABLE TO YOU VIA THE WEBSITE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER ANY GUARDIAN PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF GUARDIAN OR ANY THIRD PARTY PROVIDER OF SOFTWARE OR SERVICES. THIS LIMITATION OF LIABILITY IS IN ADDITION TO ANY OTHER LIMITATION PROVIDED IN ANY APPLICABLE ACCOUNT SERVICE, SUPPLEMENTAL AGREEMENT OR ANY OTHER AGREEMENT. This limitation of liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

Your indemnification Obligations. You agree to defend, indemnify and hold GUARDIAN, and its directors, officers, employees, and agents harmless from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Website, or its Content, by You.

Governing Law. This Terms of Use will be governed by Ohio law without giving effect to principles of conflict of law. Any party bringing legal action or proceeding against the other for any dispute or controversy between the parties arising out of or relating to this website, the Content, or the use thereof, shall bring the legal action or proceeding (i) in the United States District Court for the Southern District of Ohio; or (ii) in any court of the State of Florida sitting in Hamilton county, if there is no federal subject matter jurisdiction. You acknowledges that any violation of the terms of this Terms of Use, or misuse of the website or the Content, or infringement of any Mark may cause GUARDIAN irreparable harm, the amount of which may be difficult to ascertain, and therefore You agree that GUARDIAN shall have the right to apply to a court of competent jurisdiction for an order enjoining any such further misappropriation and for such other relief as GUARDIAN deems appropriate. This right of GUARDIAN is to be in addition to the remedies otherwise available to GUARDIAN.

Severability. If for any reason a court of competent jurisdiction finds any provision of this Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Terms of Use, and the remainder of this Terms of Use shall continue in full force and effect.

 

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