YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE, YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THIS SITE.
1. Jurisdiction. HORAN makes no representation that the Site, including its content, is appropriate or available for use outside the United States. Those who choose to access the Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local U.S. laws are applicable. Materials from this Site may be subject to controls imposed by the United States or other jurisdiction, and may not be exported to any jurisdiction or to anyone prohibited by law. HORAN expressly prohibits the downloading or exporting of material from this Site in violation of the laws of any applicable jurisdiction, including U.S. export laws.
2. Registered User Account.
All registered users (“Registered User”) of the Site shall receive a password and an account (“Account”). Registered Users are entirely responsible for any and all activities which occur under their Account whether authorized or unauthorized. Registered users agree to notify us of any unauthorized use of his or her Account or any other breach of security known or which should be known to the Registered User. Registered Users agree not to resell or make any commercial use of the Site without our express written consent.
A Registered User account gives you access to the Services through the Site that we make available from time to time and at our discretion. If you open a HORAN account on behalf of a company, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity’s behalf.
Registered User logins are for the use of one individual. Sharing login name and passwords across multiple people is prohibited.
In consideration for your use of the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by any Account information request, and (b) maintain and promptly update the Account information to keep it true, accurate, current, and complete. If you provide any information which is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account.
3. Your Responsibilities.
You acknowledge that you are responsible for whatever material you submit to the Site, including its legality, reliability, appropriateness, originality, or copyright. If HORAN makes available a discussion group or bulletin board on this Site, you warrant that your use of such features is for lawful purposes only, as outlined below.
By placing or downloading material on the Site, including intellectual property, documents, text, images, audio files or other audio-visual content to the Site (“User Content”), you represent and warrant: (a) You own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under this Agreement; and (b) the User Content will not cause injury to any person or entity.
Without limitation, you may not submit to or transmit through this Site any material, or otherwise engage in any conduct that:
You acknowledge that HORAN has the right (but not the obligation), in its sole discretion, to investigate, view, move, remove, block, edit, or refuse any content, including User Content, for any reason, including, without limitation, that such User Content violates this Agreement or is otherwise objectionable.
5. Website License and Termination. As a user of this Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the website and content in accordance with this Agreement. Your right to use the Site automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Site. HORAN also reserves the right, in its sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice. HORAN reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to the right to block access from a particular Internet address to HORAN’s Site and its features.
6. Not Professional Advice. The Site and the content do not constitute accounting, broking, consulting, investment, insurance, legal, tax or any other type of professional advice, and should be used only in conjunction with the services of a HORAN consultant and any other appropriate professional advisors who have full knowledge of your situation.
7. DISCLAIMER. THE WEBSITE AND THE CONTENT IS PROVIDED ON AN "AS-IS" BASIS. HORAN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HORAN MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE OR ITS CONTENT. HORAN MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT; OR (c) ANY ERRORS IN THE SITE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. HORAN MAKES NO WARRANTY OR REPRESENTATION THAT ITS HOSTING OF ANY DATA OR INFORMATION COMPLIES WITH LOCAL, STATE, OR FEDERAL RECORDS RETENTION REQUIREMENTS. HORAN HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL HORAN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF HORAN HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITE, SERVICES, OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (e) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SITE. IN NO EVENT WILL HORAN’S LIABILITY OR THE LIABILITY OF ITS LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED $1,000.00 USD. THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
9. Indemnification. You agree to defend, indemnify, and hold HORAN, its predecessors, subsidiaries, assigns, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers, and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your (or other user of the Site using your computer or internet access) infringement of any intellectual property or any other right of any person or entity.
10. Limitations on Use. The content on this Site is for personal use only and not for commercial exploitation. You may use this Site for your own personal use or your organization’s internal use only. You may not decompile, reverse-engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the Site or the content. Nor may you use any network monitoring or discovery software to determine the Site architecture, or extract information about usage or Users. You may not use any robot, spider, or other automatic or manual device or process to monitor or copy the Site or the content without HORAN’s prior written permission. You may not print, download, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit or public purposes all or any portion of the Site, except to the extent permitted above. You may not use or otherwise export or re-export the website or any portion thereof, the content or any software available on or through the website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Site or the content is prohibited.
11. Intellectual Property Rights. All Site content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, patent and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this Agreement or on the Site, HORAN does not grant any express or implied rights to you under any patent, copyright, trademark or trade secret information. Accordingly, any unauthorized use of the Site or the content may violate copyright laws, trademark laws, patent laws, trade secret laws, or laws relating to privacy and publicity. HORAN and its logos and other trademarks are proprietary marks of HORAN and may not be used in connection with any product or service that is not provided by HORAN, in any manner that is likely to cause confusion, or in any manner that disparages or discredits us. Nothing contained herein shall be construed as conferring any license or right under any HORAN patent, copyright, or trademark. All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the Websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with HORAN or the Site.
12. Product and Service Availability. Some products and services described on this Site may not be available in all jurisdictions. The services and products described and information provided through this Site are not directed to and are not intended for distribution to, or use by, any person or entity in any jurisdiction: (a) where such distribution or use would be contrary to law, rule or regulation (“laws”), or that would subject HORAN to any registration requirement within such jurisdiction; or (b) where HORAN is not authorized to provide such information, products or services.
14. Governing Law and Jurisdiction. This Agreement is governed by and will be construed according to Ohio law, excluding any principles of conflicts of law. In the event of any dispute or controversy arising from this Site, you consent to the jurisdiction of the courts of Hamilton County, Ohio, and of the federal district court of the Southern District of Ohio. You further agree that venue for litigation arising from this Site will be exclusively in the Southern District of Ohio or its counterpart state court.
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