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THE OHIO
MANUFACTURERS’ ASSOCIATION 1. ACCEPTANCE OF TERMS The Ohio Manufacturers’ Association (the “OMA”) provides its Internet-based portal to information and other online services (the “Service”) to you, subject to the following Terms of Service (“Terms of Service”), which may be updated by the OMA from time to time without notice to you. Please check the Terms of Service periodically for any changes. In addition, when using the Service or associated third party services, you are subject to any posted guidelines applicable to those services. These Terms of Service are incorporated into all of those guidelines. Your continued use of the Service constitutes your agreement to and acknowledgment of these Terms of Service, including but not limited to any changes to these Terms of Service. 2. DESCRIPTION OF SERVICE The Service may include, without limitation, postings or articles regarding current issues of interest to Ohio manufacturers, links to electronic publications or other potentially useful sources of information or products, information regarding workers’ compensation topics, and subscription and notification services. Some elements of the Service may not be accessible by all persons who access the OMA Website (the current homepage is located at www.ohiomfg.com), and certain elements of the Service may require the payment of a subscription or user fee. Unless explicitly stated otherwise, all new features that enhance the current Service are subject to these Terms of Service. The Service is provided “AS IS” and “AS AVAILABLE” and the OMA assumes no responsibility for the timeliness, reliability, deletion, misdelivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with that access. In addition, you must provide all equipment necessary to make the connection to the World Wide Web, including a computer and modem or other access device. 3. REGISTRATION OBLIGATIONS If registration is or becomes required to access any portion of the Service, you must: (a) provide accurate, current and complete information about yourself (the “Participant Profile”), and (b) maintain and promptly update the Participant Profile form to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or the OMA has reasonable grounds to suspect that your Participant Profile form is inaccurate, not current or incomplete, the OMA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion of the Service). 4. PRIVACY POLICY Pursuant to the OMA’s privacy policy, we may disclose to third parties certain aggregate information contained in your Participant Profile or related data, but that information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that the disclosure is reasonably necessary to comply with the law or legal process, to enforce these Terms of Service, to protect the rights or property of the OMA, to protect the personal and informational safety of citizens or the public in exigent circumstances, or as the OMA determines is reasonably necessary to maintain or efficiently operate the Service. Certain technical processing of e-mail messages and other communications and their content may be required to: (a) send and receive messages; (b) conform to connecting networks’ technical requirements; (c) conform to the limitations of the Service; or (d) conform to other similar requirements. That processing and alteration are automated and do not constitute the exercise of editorial control over the messages or communications or the monitoring of content. For more information, please see the OMA’s full privacy policy. 5. PARTICIPANT ACCOUNT, PASSWORD AND SECURITY If a password is or becomes required to access any portion of the Service, you will create a password and account designation upon completing the Service’s Participant Profile form. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You must (a) immediately notify the OMA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The OMA cannot and will not be liable for any loss or damage arising from your failure to comply with this PARTICIPANT ACCOUNT, PASSWORD AND SECURITY section. You may change your password or user name, by following instructions on the Service. 6. PARTICIPANT CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, links, messages or other materials or communications (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom that Content originated. This means that you, and not the OMA, are entirely responsible for all Content that you upload, post, email or otherwise transmit using the Service. You may not use the Service to: (a) upload, post, email or otherwise transmit any Content that, under the circumstances in the OMA’s good faith judgment is, or is likely to be perceived by an intended recipient or target as, unlawful, harmful, threatening, abusive, harassing, “stalking,” tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, an OMA official, community manager or other, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (e) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or use any distribution lists to any person who has not given specific permission to be included in that type of process; (h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) disrupt the normal flow of dialogue, cause a screen to
“scroll” faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects other
users’ ability to engage in real time exchanges; (k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations relating to the export or transmission of technical data, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, the rules or guidelines of industry organizations, including but not limited to the Better Business Bureau, and any regulations having the force of law; (l) collect or store personal data about other users; (m) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without written consent; (n) violate generally prevailing “netiquette” (such as respect for others’ ideas and privacy, no personal attacks, no profanity or obscenity, staying “on topic” in discussions), or rules that may apply to specific portions of the Service that you view or use, including, but not limited to, clubs or community rules and third party service restrictions; or (o) attempt to do any of the above. 7. INTERNATIONAL INFORMATION Recognizing the global nature of the Internet, you must comply with all local rules regarding online conduct and acceptable Content. Specifically, you must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, note that the laws of certain countries may restrict certain online activity and it is your responsibility to comply with these Terms of Service as well as applicable laws, rules and regulations. 8. CONTENT ACCESSED The OMA does not control or endorse all Content posted via the Service and so does not guarantee the accuracy, reliability, integrity or quality of that Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the OMA be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted using the Service. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of that Content. In this regard, you may not rely on any Content, including, but not limited to, information in message boards, communities, web pages, and in all other parts of the Service. The OMA does not render legal advice. Do not act on or rely on any information from the Service without consulting with a licensed attorney or other appropriate professional. You acknowledge and agree that all Content is protected by copyrights other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Content, unless you have obtain prior written permission from the OMA and/or the owner of the proprietary rights to the specific Content. 9. CONTENT SUBMITTED The OMA does not own Content you submit, unless we specifically tell you otherwise before you submit it. You license the Content to the OMA as set forth below for the purpose of displaying and distributing that Content on or in connection with the Service and for the promotion and marketing of our services. By submitting Content in connection with using the Service, you automatically grant, or warrant that the owner of that Content has expressly granted, to the OMA the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display that Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. The OMA does not pre-screen Content, but the OMA and its designees and service providers have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that is publicly available via the Service. Without limiting the foregoing, the OMA and its designees and service providers have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. 10. INDEMNITY You shall indemnify and hold the OMA, and its subsidiaries, affiliates, co-branders, service providers, and their respective directors, trustees, managers, officers, employees, agents and contractors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content that you provide, your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. 11. USE AND STORAGE The OMA may establish general practices and limits concerning use of the Service, including, but not limited to, the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the OMA’s or its service providers’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service (or any portion of it) in a given period of time. Neither the OMA nor any of its service providers has any responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. The OMA reserves the rights to log off accounts that are inactive for a period of time equivalent to 60 days, or to allow its service providers to do this with respect to the services they provide. Further, the OMA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 12. MODIFICATIONS TO SERVICE The OMA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice. The OMA is not liable to you or to any third party for any modification, suspension or discontinuance of the Service. 13. TERMINATION The OMA, in its sole discretion, may terminate your password, account (or any part of your account) or use of the Service, and remove and discard any Content within the Service, for any reason, including but not limited to, for lack of use or if the OMA believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. The OMA may also in its sole discretion and at any time discontinue providing the Service, or any part of the Service, with or without notice. Any termination of your access to the Service (or any portion of the Service) under any provision of these Terms of Service may be made without prior notice, and the OMA (or one or more of its service providers) may immediately deactivate or delete your account and all related information and files associated with your account and/or bar any further access to those files or the Service. Further, neither the OMA nor any of its service providers is liable to you or any third-party for any termination of your access to the Service. Finally, termination does not relieve you of the consequences of your actions while using the Service before termination. The following provisions of these Terms of Service survive termination of these Terms of Service, as well as all other provisions which by their nature should continue: PRIVACY POLICY, CONTENT SUBMITTED, CONTENT ACCESSED, INDEMNITY, TERMINATION, ADVERTISER INFORMATION, LINKS, PROPRIETARY RIGHTS, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, EXCLUSIONS, FINANCIAL INFORMATION, TRADEMARK INFORMATION, COPYRIGHT INFORMATION and GENERAL INFORMATION. Otherwise, neither the OMA, nor its service providers, nor you, will have any obligation whatsoever to the other after any cancellation or termination of your use of or access to the Service. 14. ADVERTISER INFORMATION Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with those dealings, are solely between you and your advertiser. The OMA is not responsible or liable for any loss or damage of any sort incurred as the result of any of those dealings or as a result of the presence of those advertisers on the Service. 15. LINKS The Service may provide, or service providers or other third parties may provide, links to other World Wide Web sites or resources. Because the OMA has no control over those sites and resources, the OMA is not responsible for the availability of those external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from any of those sites or resources. Further, neither the OMA nor any of its service providers is responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Content, goods or services available on or through any of those sites or resources. 16. PROPRIETARY RIGHTS The Service may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in advertisements or information presented to you through the Service or through advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the OMA (or advertisers with respect to the materials they present), you may not (and may not allow any third party to) copy, modify, rent, lease, loan, sell, distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service, in whole or in part. 17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EACH OF THE OMA AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) NEITHER THE OMA NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SOFTWARE OR DEFECTS IN THE SERVICE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OMA OR ANY OF ITS SERVICE PROVIDERS OR THROUGH OR FROM THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. 18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER THE OMA NOR ANY OF ITS SERVICE PROVIDERS IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE OMA OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE), RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (e) CHANGES TO THESE TERMS OF SERVICE; (f) FAILURE BY THE OMA OR ITS DESIGNEE TO ENFORCE THESE TERMS OF SERVICE; (g) TERMINATION, SUSPENSION OR UNAVAILABILITY OF THE SERVICE OR ANY PART OF THE SERVICE OR ANY ASSOCIATED FEATURES OR FUNCTIONS; OR (h) ANY OTHER MATTER RELATING TO THE SERVICE. 19. FINANCIAL INFORMATION If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY sections again. They are especially relevant and important for you. In addition, for this type of information particularly, the phrase “Let the investor beware” is especially important. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. The OMA is not responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and is not responsible or liable for any trading or investment decisions made based on that information. 20. TRADEMARK INFORMATION The OMA, the OMA logo, the OMA stylized and other designated trademarks and service marks, and other OMA logos and product and service names are trademarks or service marks of the OMA. Without the OMA’s prior written permission, you may not display or use in any manner these OMA trademarks. 21. COPYRIGHT INFORMATION The OMA respects the intellectual property of others, and we ask our members and guests to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the OMA’s Copyright Agent, Bricker & Eckler LLP, the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The OMA’s Copyright Agent for Notice of claims of copyright infringement on the Service is Bricker & Eckler LLP who can be reached as follows: By mail: 22. GENERAL INFORMATION (a) Notices to you may be made via either email or regular mail. The Service may also, but is not required to, provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the Service. (b) These Terms of Service and the relationship between you and the OMA are governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and the OMA shall submit to the personal and exclusive jurisdiction of the courts located within the county of Franklin, Ohio. The United Nations Convention of Contracts for the International Sale of Goods does not apply to these Terms of Service. This is a services contract and not a contract for the sale of goods. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one year after that claim or cause of action arose or be forever barred. (c) The failure of the OMA to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. (d) If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. (e) The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. (f) These Terms of Service constitute the entire agreement between you and the OMA and govern your use of the Service, superceding any prior representations, proposals, inducements, assurances, promises, agreements and any other communications between you and the OMA with respect to the subject matter of these Terms of Service. Neither the course of conduct between you, the OMA and/or its service providers, nor trade practice modifies these Terms of Service. You also may be subject to additional terms and conditions that may apply when you use services available through the Service, third-party content or third-party software. 23. VIOLATIONS Please report any violations of these Terms of Service to our Customer Service group at oma@ohiomfg.com. If the violation originates from someone not a member of the OMA, contact the postmaster at postmaster@theirdomainname.com, for example. If you are not sure if material that you view, or material that you are considering providing, violates these Terms of Service, seek help as defined online where you are considering providing the material. Please become and remain familiar with these Terms of Service and any other terms or guidelines that may apply to the areas of the Service that you view or use.
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