THE OHIO MANUFACTURERS’ ASSOCIATION
WEBSITE TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
The Ohio Manufacturers’ Association (the “OMA” or “us”) provides its Internet-based portals to information, social networking communication platforms and other online services (collectively 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 upon providing 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 our libraries of publications, documents or other potentially useful sources of information or products, discussion groups and communities of interest, 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 registration and the creation of a registered user account, and certain other Services may require the payment of a fee (for example, registering for a seminar).
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, mis-delivery or failure to store any user communications or personalization settings. In order to access and use the Service, you must have all the equipment and services necessary to connect to the internet, and pay any fees or costs associated with such equipment and services.
3. REGISTRATION OBLIGATIONS
For portions of the Service requiring registration, 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).
5. PARTICIPANT ACCOUNT, PASSWORD AND SECURITY
If a password is 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 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, documents, files, 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, 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 to any person who has not given specific permission to be included in that type of process, or spam several email lists with the same message;
(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) attack others, engage in “flame wars,” disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in civil online communication exchanges;
(j) interfere with or disrupt use or enjoyment of the Service or servers or networks connected to the Service or the Internet, or disobey any requirements, procedures, policies or regulations of those networks;
(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) 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; or
(m) violate generally prevailing internet or social media etiquette (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.
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 or are accessing the Service. 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, objectionable, incorrect, misleading or not suited for its intended purposes. 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 or reliance on 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, libraries, 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 and 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 obtained prior written permission from the OMA and/or the owner of the proprietary rights to the specific Content.
Certain of the Content, particularly reports regarding workers’ compensation issues, are of a highly confidential nature, and may contain personal, health and/or financial information about a company or its employees (collectively, “Confidential Content”). By accessing any Confidential Content, you are acknowledging that (a) you have been authorized to access the Confidential Content by your employer or the owner of the Confidential Content; (b) you agree to keep such Confidential Content confidential and to not inappropriately disseminate such Confidential Content; and (c) if you no longer have the authority to access the Confidential Content, you shall not further access such Confidential Content and shall return or destroy any copies of Confidential Content in your possession.
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 OMA 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 generally 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.
You shall indemnify and hold the OMA, and its members, 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 messages, postings, files or other uploaded Content will be retained by the Service, the maximum number of messages or postings that may be made from or received by an account on the Service, the maximum size of any messages, postings or files that may be uploaded to 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, postings, files 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 60 days or longer, 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, upon providing 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.
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.
The Service may provide, or service providers or other third parties may provide, links to other websites 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 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, or 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. DISCUSSIONS REGARDING FINANCIAL INFORMATION
The Service may not be used to post or exchange messages that encourage or facilitate users to arrive at any agreement that either expressly or implicitly regards price fixing, boycotting of another’s business, or any other conduct intended to illegally restrict free trade. Messages that encourage or facilitate an agreement about the following subjects are not permitted on the Service: prices, discounts or terms or conditions or sale; salaries; profits, profit margins or cost data; market shares, sales territories or markets; allocation of customers or territories; or selection, rejection, or termination of customers or suppliers.
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. Non-OMA marks, which may be displayed on the OMA Website and/or this Service from time to time, are the property of their respective owners.
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 Designated 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, including any copyright registration numbers;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your full name, 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 Designated Agent for notice of claims of copyright infringement on the Service is Bricker & Eckler LLP who can be reached as follows:
By mail: Greg Krabacher, Esq.
Bricker & Eckler LLP
100 S. Third Street
Columbus, OH 43215
By email: [email protected]
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 or through 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, Subject to Section 23 below. 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, superseding 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.
receiving party, in the possession of the receiving party prior to your first use of the Services, or (iii) rightly disclosed to the receiving party by a third party if such disclosure does not violate the terms of any confidentiality agreement or other restriction by which such third party may be bound.
(d) Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). OMA’s address for Notice is: [email protected]. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or OMA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or OMA must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, OMA will pay you: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by OMA in settlement of the dispute prior to the arbitrator’s award; or (c) $1,000, whichever is greater.
(e) Fees. If either party commences arbitration, the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Columbus, Ohio provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; or
(ii) through a non-appearance based telephonic hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse OMA for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits. In the event of a dispute, and unless otherwise prohibited by law or expressly noted herein, each party will bear their own attorney’s fees and other costs.
(f) No Class Actions. YOU AND OMA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OMA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(g) Modifications. If OMA makes any future change to this arbitration provision (other than a change to OMA ’s address for Notice), you may reject any such change by sending us written notice within thirty (30) days of the change to OMA ’s address for Notice, in which case your account with OMA will immediately be terminated and this arbitration provision, as in effect
immediately prior to the amendments you reject will survive.
Please report any violations of these Terms of Service to our Customer Service group at [email protected]. If the violation originates from someone not a member of the OMA, contact that person through their website or by other means. 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.
Last updated August 1, 2018.