TERMS OF USE

Welcome to Wayne County Democratic (WCD) Web Site.  We are excited that you have decided to take advantage of the many useful resources offered here.  Before you begin, please take a minute to read these Terms of Use to ensure that you understand the terms and conditions of our relationship.

These Terms of Use are an agreement between the WCD and users of its web site ("you" or "user").  BY USING THIS WEB SITE, YOU INDICATE YOUR CONSENT TO BE BOUND BY THE PROVISIONS OF THESE TERMS OF USE.  We reserve the right to update or change these Terms of Use at any time and for any reason, however, if we make significant changes to our policies, we will notify registered users by e-mail, post a notice on our home page or alert you to such changes by other similar means.  By continuing to use this web site, you agree to be bound by any such revisions and should therefore periodically visit this page of the web site and print the latest version of the Terms of Use for your records.  For your information, the date of the last update to these Terms of Use is stated at the top of this document.

In addition to these Terms of Use, you should also read and be aware of the provisions of our Privacy Policy, which discloses the WCD's practices regarding the collection and use of your personal information, and other policies that govern other parts of our web site. 

TABLE OF CONTENTS:

1.                Legal Notices

2.                Intellectual Property

3.                General Legal Provisions

1.                   LEGAL NOTICES

The content and functionality on the site is provided with the understanding that this web site does not render professional advice or services to you. 

RELY AT YOUR OWN RISK: Reliance on information provided on this web site is solely at your own risk.  You should exercise independent judgment and skepticism before applying any information provided on this web site to your own health or other needs, or relying on any information in any other way.  No one person’s medical or other needs are the same, therefore, information provided may be incorrect or misleading.

                        Disclaimers:

ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED ON THIS WEB SITE, OR PROVIDED BY THIS WEB SITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT AND "COOKIES," ARE PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY CONDITIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  

TO THE MAXIMUM EXTENT PROVIDED BY LAW, THE WCD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS STRAINS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  

THE WCD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY ADVICE, ACTION, OR COUNSELING BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WCD WEB SITE. 

THE WCD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, SERVICES AND ADVICE PROVIDED ON THIS WEB SITE ARE ACCURATE, RELIABLE, COMPLETE OR CURRENT.

                       Limitation of Liability:

IN NO EVENT SHALL THE WCD OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT DAMAGES.

IN ADDITION, IN NO EVENT SHALL THE WCD OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE MATERIAL CONTAINED IN OR ACCESSED THROUGH THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE WCD IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.  IN NO EVENT IS THE WCD LIABLE FOR ANY DAMAGES CAUSED BY YOUR OR ANY THIRD PARTY'S ACTS OR OMISSIONS.  

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEB SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.  

WHEN USING THE WCD WEB SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF THE WCD  . ACCORDINGLY, THE WCD ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WCD WEB SITE.

                        Certain Jurisdictions: 

                        Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, the above disclaimers and limitations may not apply to you if you reside in such a jurisdiction.

2.                INTELLECTUAL PROPERTY

Copyrights:  All of the content of this web site, including text, art, graphics, logos, button icons, images, pictures, audio clips and software, is the property of the WCD or its content providers and is protected by U.S. and international copyright laws.   Except as granted in the limited license below, any other use of this content, including modification, transmission, presentation, distribution or republication, is prohibited without the express prior written consent of the WCD.

            Trademarks:  All trademarks, trade names, brand names and service marks of the WCD, whether registered or unregistered, are the property of the WCD  , our partners, sponsors or licensors and are protected by U.S. and international trademark laws.  Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of the WCD  .

Limited License:  The WCDauthorizes you to download the material on this web site solely for your personal, non-commercial use.  If you violate any provision of these Terms of Use, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the content.

Infringements:  While The WCDdoes not monitor, and is not responsible for, the content placed on its web site or web sites it hosts for others by users, it will not allow access to materials that it has actual knowledge to be infringing of a third party's intellectual property rights.  Such infringing materials will be removed from the WCD 's servers, and repeat offenders will have their account terminated.

You may not upload, post or otherwise distribute on a web site hosted by us, or through our system anything protected by copyright or other proprietary rights unless the owner of the copyright or other proprietary rights has given you express authorization to do so.

1.  A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed;

2.  A description of the copyrighted work claimed to have been infringed, including, if available, a URL where the copyrighted work exists or a copy of the copyrighted work;

3.  Identification of the material claimed to be infringing, including a URL or other specific location where the material can be found;

4.  The name, address, telephone number and e-mail address of the complaining party;

5.   A statement by the complaining party that it has a good faith belief that there is no legal basis for the use of the materials complained of; and

6.   A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.

Upon receipt of notification of claimed infringement, the WCD will investigate and take appropriate action, which may include, promptly notifying the alleged infringer and removing or disabling access to the material.

Restrictions on Use:  You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this web site, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant -- or warrant that the owner of such content has expressly granted -- the WCD a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed for any purpose.  The WCD may freely sublicense its rights through multiple tiers of sublicenses.

3.                GENERAL LEGAL PROVISIONS

            Links:  The WCD may include or provide links on its web site to other web sites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies.  In providing such links, the WCD does not represent to you that it has investigated the content of such information, opinions or recommendations, and thus you understand and agree that the WCD does not warrant or guarantee the accuracy of such information or necessarily endorse, credential or accredit any such opinions, recommendations, web sites or persons. You acknowledge and agree that the WCD has no control over such sites and the WCD is not responsible for the availability of such external sites. You also acknowledge and agree that the WCD does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites.    The links are provided for your convenience only.  Therefore, the WCD is not responsible or liable for any content, advertising, products or other materials on or available from such web sites. You further acknowledge and agree that we are not responsible or liable, either 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 such content, goods or services available on or through any such web site or resource.

            Content:  You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. Content found in the web site, newsgroups, message boards, email, forums, conferences and chat rooms reflect only the views of their authors.  Forum managers, forum hosts and other content providers appearing on the WCDare not authorized spokespersons for us, and their views do not necessarily reflect our views.  This means that you, and not us, are entirely responsible for all content that you post, upload, email or otherwise transmit via the WCD .

You may not post, upload, email or otherwise transmit:  (i) advertisements, solicitations or other promotional material; (ii) information that is illegal, unlawful or otherwise objectionable; (iii) messages that are threatening, abusive, harassing, tortious, vulgar, invasive of another's privacy, harmful to a person's reputation, obscene, racially or ethnically derogatory, or otherwise objectionable; or (iv) material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.  We do not control the content posted via the WCD and, as such, do not guarantee the accuracy, integrity or quality of such content. You understand that by using the WCD , you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the WCD  .

You acknowledge that we do not pre-screen content, but that we retain the right to move or refuse any content that is available via the WCD  .  Without limiting the foregoing, we and our designees shall have the right to remove any content that we, in our sole judgment, believe violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.  In this regard, you acknowledge that you may not rely on any content displayed on the WCD  .

You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of us, our users and the public.

Governing Law and Jurisdiction:  These Terms of Use will be governed by Ohio law for all purposes, including web site use and product purchases, without giving effect to any principles of conflicts of laws.  You hereby consent to the jurisdiction and venue of the courts of Ohio.

Indemnification:  You agree to indemnify, defend and hold harmless the WCD  , its officers, directors, employees, agents, co-branders, licensors, suppliers, sponsors, and affiliates from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use or any activity related to your use of this web site by you.

                        User Representations:  You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to legally obligate yourself to these Terms of Use and to use the WCDin accordance with these Terms of Use. You agree to be financially responsible for your use of the WCD (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in these Terms of Use.

Entire Agreement:  Except as expressly provided in the other policies on the WCD web site, these Terms of Use constitute the entire agreement between you and the WCD with respect to the use of the WCD web site and content. Your use of the WCD web site is also subject to the WCD Privacy Policy.

Waiver:  Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Severability:  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. 

Modification:  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use; however, we reserve the right to modify these Terms of Use at any time, and such modifications shall be effective immediately upon either posting of the modified Terms of Use or by notification to you.  You agree to review these Terms of Use periodically to be aware of such modifications, and your continued access to or use of the WCD shall de deemed your conclusive acceptance of the modified Terms of Use.  You agree that these standards for notice of changes are reasonable.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the WCD  .

Assignment:  The WCD may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval.

Questions; Comments:  Questions or comments regarding this web site should be directed by e-mail to waynedemocrats2004 (at) yahoo.com 

            Acknowledgement:  You acknowledge that the provisions, disclosures and disclaimers set forth in this Terms of Use are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. Notwithstanding any provisions of this Terms of Use, the WCD has available all remedies at law or equity to enforce this Terms of Use. There are no representations, promises, warranties or undertakings by the WCD contrary to those set forth above.