IMPORTANT - READ CAREFULLY: PrimeTime Draft, LLC operates this Site to provide online access to information about PrimeTime Draft, LLC and our products and services. By accessing and using this Site, you acknowledge and agree to abide by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the Site. PrimeTime Draft, LLC reserves the right to modify this Agreement at any time without giving You prior notice.
You may use the Content solely for your personal, non-commercial purposes and/or to learn about Licensor's products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Licensor reserves complete title and full intellectual property rights in all Content. You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site, except as expressly permitted by this Agreement. This Site is not directed to children under 13 years of age. Children under 13 years of age may not use the Site to submit any individually identifiable information about them.
All copyrightable Content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by Licensor, and are protected by U.S. and international laws. All rights reserved. The Site may also contain content that is owned by other parties ("Third Party Content"). You may use the Content only as expressly authorized by the Site. You may use Third Party Content only as expressly authorized by the applicable owner. Any other use of the Content or Third Party Content without the express prior written permission of the applicable owner is strictly prohibited. Licensor does not warrant or represent that your use of materials displayed on or linked to the Site will not infringe rights of third parties not owned by or affiliated with Licensor.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
LINKS TO THIRD-PARTY WEBSITES
Links on the Site to third-party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Licensor of the third party, the third-party web site, or the information contained therein.
Licensor cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of others. If you register to become a Site member, you are responsible for maintaining the confidentiality of your user name and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your user name and password.
DISCLAIMER OF WARRANTIES
LICENSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. LICENSOR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Licensor, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, employees, agents, and any third-party information providers to the Site from all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of this Agreement.
LIMITATION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES) ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY
GOVERNING LAW AND JURISDICTION
The parties agree to submit to the Ohio Courts only, for any dispute arising out of this Agreement and consent to the jurisdiction of said Courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Ohio law and this paragraph shall supersede any conflicting choice of law rules. The parties expressly stipulate that the 1980 Convention on Contracts for the International Sale of Goods shall not apply, nor shall the Uniform Computer Information Transactions Act.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall automatically terminate upon failure by you to comply with its terms.
This Agreement represents the entire agreement of the parties hereto related to the subject matter hereof and any prior agreements, promises, negotiations, or representations, whether oral or written, not expressly set forth in this Agreement are of no force and effect.