Last Modified: May 1, 2019.
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.
By accessing and browsing any website (including, without limitation, mobile websites) on which these terms reside (collectively the “Site”), you accept, without limitation or qualification, the terms, conditions, policies and notices contained on this page (“Terms”).
Tenamark, LLC and its affiliates and subsidiaries (collectively, “Tenamark”) may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Tenamark will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. You further agree that Tenamark will not be liable for any modification or suspension of the Site.
This Site is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Tenamark and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
- Content Ownership. The content or other materials on the Site including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”) are owned and copyrighted by Tenamark and its licensors with all rights reserved. You have no right to use and shall not use the Content, except as provided in these Terms, without the prior written permission of Tenamark.
All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site (the “Marks”) are either the trademarks or service marks (registered or unregistered) of Tenamark or its licensors unless otherwise stated herein. Tenamark and its licensors expressly reserve all intellectual property rights in all Content on the Site. You have no right to use and shall not use such Marks contained on the Site without prior written permission of Tenamark.
In its sole discretion, Tenamark or its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.
- User Conduct. Tenamark maintains the Site for your personal entertainment, information, education, and communication only and grants you a limited license to use the Site and to download Content solely for noncommercial, personal use; provided, however, that you retain all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of Tenamark, and that you do not download or use any images of people or places (“Images”) displayed on the Site for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of Tenamark. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Tenamark. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
If you wish to make any use of material on the site other than that set out in this Section, please address your request to info@Tenamark.com.
- Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Tenamark or other countries).
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate Tenamark, a Tenamark employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Tenamark, may harm Tenamark or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
- Content Submitted by Users.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Site.
All User Content must comply with the Content Standards set out in these Terms.
Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant Tenamark and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above to Tenamark and our licensees, successors, and assigns.
- All of your User Content do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Tenamark, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Tenamark is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.
Tenamark does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Tenamark without the prior review and written approval of Tenamark.
You agree to indemnify and hold Tenamark, its parents, subsidiaries, officers, employees, agents, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Tenamark or this Site.
- Monitoring and Enforcement; Termination
Tenamark has the right to:
- Remove or refuse to post any User Content for any or no reason in our sole discretion.
- Take any action with respect to any User Content that Tenamark deems necessary or appropriate in our sole discretion, including if Tenamark believes that such User Content violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Tenamark.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, Tenamark has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Tenamark to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS TENAMARK FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TENAMARK DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER TENAMARK OR LAW ENFORCEMENT AUTHORITIES.
However, Tenamark cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Tenamakr assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Tenamark has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
- Content Standards
These content standards apply to any and all User Content and use of Interactive Services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by Tenamark or any other person or entity, if this is not the case.
- Copyright Complaints. Tenamark respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Tenamark designated agent with the following information. Please be advised that to be effective, your notice must include ALL of the following:
- An electronic of physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- The location on the Site of the material that you claim is infringing;
- Your address, telephone number, and email address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Tenamark designated agent for notice of claims of copyright infringement on the Site can be reached as follows:
C/O Brennan, Manna & Diamond, LLC
75 E. Market St.
Akron, Ohio 44308
Attn: Jeana M. Singleton
- Linking to the Site and Social Media Features
You may link to Tenamark’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
- You may use these features solely as they are provided by Tenamark, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Tenamark provides with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with Tenamark in causing any unauthorized framing or linking immediately to stop. Tenamark reserves the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
- Links to Third Party Sites. The Site may contain links to other Internet sites not under the ownership or editorial control of Tenamark. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by Tenamark of any products, services, advice or information available from such sites. Tenamark does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release Tenamark and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of Tenamark. Check the Uniform Resources Locator (“URL”) address provided in your Worldwide Web browser to see if you are still in a Tenamark Site or have moved to another third-party site.
- EXCLUSION OF LIABILITY. NEITHER TENAMARK NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY TENAMARK SITE AND YOUR USE OF ANY TENAMARK SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY TENAMARK SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. TENAMARK DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY TENAMARK SITE.
TENAMARK IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, TENAMARK IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
TENAMARK’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.
- DISCLAIMER. THE CONTENT OF ANY TENAMARK SITE IS PROVIDED “AS IS, AS AVAILABLE” AND TENAMARK DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
- THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
- THE CONTENT IS ERROR-FREE AND ACCURATE;
- THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
- DEFECTS WILL BE CORRECTED;
- THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT;
- THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR
- THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.
IN ADDITION TO THE ABOVE, YOU (AND NOT TENAMARK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW TENAMARK TO DISCLAIM OR EXCLUDE WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
- Export Control. Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported in violation of any such laws. Tenamark does not authorize the exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export laws.
- Health Related Information. Information accessible on this Site is for information only and is not intended to be a substitute for professional medical advice. Tenamark does not endorse or warrant the validity of any such health related statements contained on the Site or any such information contained in third party sites referenced in the Site. Information is general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The arbitration may be conducted in Macedonia, Ohio or, upon the plaintiff’s request, in the city closest to plaintiff’s location where JAMS maintains an office, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of your or Tenamark intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; or (c) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in an Ohio state or federal court, consistent with the “Choice of Law” clause in Section 18 below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
- Choice of Law. Any claim relating in any way to these Terms and your use of this Site is governed by the laws of the State of Ohio in the United States of America, without regard to its choice of law provisions. For any claims not subject to the terms of the Binding Arbitration clause in Section 17 above, the parties agree that jurisdiction and venue in any legal proceeding relating in any way to these Terms or this Site shall be in the state or federal courts located in Ohio.
- Class Waiver. To the fullest extent permissible under applicable law, all Claims shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Claims shall be consolidated or joined with your Claims, whether through class arbitration proceedings or otherwise.
YOU AND TENAMARK AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
- General Terms. These Terms constitute the entire agreement between you and Tenamark and governs your use of any Tenamark Site. The failure of Tenamark to exercise or enforce any right or provision of these Terms shall not constitute a wavier of any such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Terms and the surviving terms shall remain in full force and effect. Any claims arising under these Terms must be brought within one (1) year after such claim or action or action arose or be forever barred.
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