TERMS OF USE

WELCOME TO OUR WEBSITE. WE MAINTAIN THIS WEBSITE AS A SERVICE TO OUR CUSTOMERS AND CLIENTS. BY USING OUR SITE, YOU ARE AGREEING TO COMPLY WITH AND TO BE BOUND BY THE FOLLOWING TERMS OF USE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ENTER THE WEBSITE, REVIEW INFORMATION, OR USE THIS WEBSITE. THESE TERMS OF USE MAY CHANGE FROM TIME TO TIME, AND THUS YOUR ACCESS TO THE SITE MAY REQUIRE YOU TO RESET YOUR PASSWORD AND TO ACCEPT SUCH NEW OR REVISED TERMS OF USE.

CRAIN, LANGNER & CO., LEGACY RISK SOLUTIONS, AND THEIR PARENTS, PARTNERS, AFFILIATES AND SUBSIDIARIES (COLLECTIVELY THE “OWNER”) RESERVE THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME WITHOUT GIVING YOU PRIOR NOTICE. YOUR USE OF THE SITE FOLLOWING ANY SUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE AS MODIFIED. THE LAST DATE THESE TERMS OF USE WERE REVISED IS SET FORTH BELOW.

ACCEPTANCE OF AGREEMENT

YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED IN THIS TERMS OF USE AGREEMENT (“AGREEMENT”) WITH RESPECT TO OUR SITE (THE “SITE”). THIS AGREEMENT CONSTITUTES THE ENTIRE AND ONLY AGREEMENT BETWEEN US AND YOU, AND SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS AGREEMENTS, REPRESENTATIONS, WARRANTIES AND UNDERSTANDINGS WITH RESPECT TO THE SITE, THE CONTENT, PRODUCTS OR SERVICES PROVIDED BY OR THROUGH THE SITE, AND THE SUBJECT MATTER OF THIS AGREEMENT. THIS AGREEMENT MAY BE AMENDED AT ANY TIME BY US FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU.  YOU AGREE THAT ANY ACCESS TO THE SITE BY YOU PRIOR TO THIS MOMENT IS SUBJECT TO THESE TERMS OF USE, AND THAT YOU ARE LEGALLY BOUND ACCORDINGLY.  YOU SHOULD REVIEW THIS AGREEMENT PRIOR TO USING THE SITE.

1. PERMITTED USE OF THE SITE

YOU MAY USE THE SITE, AND THE INFORMATION, WRITINGS, IMAGES AND/OR OTHER WORKS THAT YOU SEE OR OTHERWISE EXPERIENCE ON THE SITE (COLLECTIVELY, THE "CONTENT") SOLELY FOR YOUR NON-COMMERCIAL, PERSONAL PURPOSES AND SOLELY IN COMPLIANCE WITH THESE TERMS OF USE.  THE VIEWING, PRINTING OR DOWNLOADING OF ANY CONTENT, GRAPHIC, FORM OR DOCUMENT FROM THE SITE GRANTS YOU ONLY A LIMITED, NONEXCLUSIVE LICENSE FOR USE SOLELY BY YOU FOR YOUR OWN PERSONAL USE AND NOT FOR REPUBLICATION, DISTRIBUTION, ASSIGNMENT, SUBLICENSE, SALE, PREPARATION OF DERIVATIVE WORKS OR OTHER USE. NO PART OF ANY CONTENT, FORM OR DOCUMENT MAY BE REPRODUCED IN ANY FORM OR INCORPORATED INTO ANY INFORMATION RETRIEVAL SYSTEM, ELECTRONIC OR MECHANICAL, OTHER THAN FOR YOUR PERSONAL USE (BUT NOT FOR RESALE OR REDISTRIBUTION). OWNER RESERVES THE RIGHT TO REVOKE THE AUTHORIZATION TO VIEW, DOWNLOAD, AND PRINT THE CONTENT AVAILABLE ON THIS SITE AT ANY TIME, AND ANY SUCH USE SHALL BE DISCONTINUED IMMEDIATELY UPON NOTICE FROM OWNER. THE RIGHTS GRANTED TO YOU CONSTITUTE A LICENSE AND NOT A TRANSFER OF TITLE.  YOUR RIGHT TO USE THIS SITE IS NOT TRANSFERABLE.  ANY PASSWORD OR RIGHT GIVEN TO YOU TO OBTAIN ACCESS TO THE SITE OR TO OBTAIN INFORMATION ON THE SITE SHALL NOT BE TRANSFERRED AND IS NOT TRANSFERABLE.

2. COPYRIGHTS AND TRADEMARKS

THE SITE IS PROTECTED BY APPLICABLE INTELLECTUAL PROPERTY AND OTHER LAWS, INCLUDING WITHOUT LIMITATION TRADEMARK, TRADE SECRET AND COPYRIGHT LAWS. THE SITE, INCLUDING ALL DATA, DOCUMENTATION, AND INFORMATION CONTAINED IN THE SITE, AND INTELLECTUAL PROPERTY RIGHTS IN THE SITE, BELONG TO AND ARE THE PROPERTY OF OWNER. OWNER OWNS AND RETAINS ALL COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT. EXCEPT AS SPECIFICALLY PERMITTED ON THE SITE AS TO CERTAIN CONTENT, THE CONTENT MAY NOT BE COPIED, REPRODUCED, MODIFIED, PUBLISHED, UPLOADED, POSTED, TRANSMITTED, PERFORMED, OR DISTRIBUTED IN ANY WAY, AND YOU AGREE NOT TO MODIFY, RENT, LEASE, LOAN, SELL, DISTRIBUTE, TRANSMIT, BROADCAST, OR CREATE DERIVATIVE WORKS BASED ON THE CONTENT OR THE SITE, IN WHOLE OR IN PART, BY ANY MEANS.

THE CONTENT, ORGANIZATION, GRAPHICS, DESIGN, COMPILATION, MAGNETIC TRANSLATION, DIGITAL CONVERSION AND OTHER MATTERS RELATED TO THE SITE ARE PROTECTED UNDER APPLICABLE COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. THE COPYING, REDISTRIBUTION, USE OR PUBLICATION BY YOU OF ANY SUCH MATTERS OR ANY PART OF THE SITE IS STRICTLY PROHIBITED. YOU DO NOT ACQUIRE OWNERSHIP RIGHTS TO ANY CONTENT, DOCUMENT OR OTHER MATERIALS VIEWED THROUGH THE SITE. THE POSTING OF INFORMATION OR MATERIALS ON THE SITE DOES NOT CONSTITUTE A WAIVER OF ANY RIGHT IN SUCH INFORMATION AND MATERIALS. ALL RIGHTS RESERVED.

3. INFORMATION AND MATERIALS YOU POST OR PROVIDE

YOU REPRESENT THAT YOU HAVE ALL RIGHT, TITLE, AND INTEREST TO MATERIALS YOU POST OR UPLOAD ONTO THE SITE OR PROVIDE TO OWNER ("MATERIALS"), INCLUDING BUT NOT LIMITED TO ANY CONSENT, AUTHORIZATION, RELEASE, CLEARANCE OR LICENSE FROM ANY THIRD PARTY (SUCH AS, BUT NOT LIMITED TO, ANY RELEASE RELATED TO RIGHTS OF PRIVACY OR PUBLICITY) NECESSARY FOR YOU TO PROVIDE, POST, UPLOAD, INPUT OR SUBMIT THE MATERIALS, AND THAT POSTING SUCH MATERIALS DOES NOT VIOLATE OR CONSTITUTE THE INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, RIGHT OF PRIVACY, RIGHT OF PUBLICITY, MORAL RIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHT RECOGNIZED BY ANY APPLICABLE JURISDICTION OF ANY PERSON OR ENTITY, OR OTHERWISE CONSTITUTE THE BREACH OF ANY AGREEMENT WITH ANY OTHER PERSON OR ENTITY. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE WHO YOU SAY YOU ARE, THAT YOU HAVE NOT SUBMITTED FICTITIOUS, FALSE OR INACCURATE INFORMATION ABOUT YOURSELF, AND THAT ALL INFORMATION CONTAINED IN THE POSTED MATERIALS IS TRUE AND YOUR OWN WORK OR WORK YOU ARE AUTHORIZED TO SUBMIT, AND THAT THE POSTED MATERIALS DO NOT CONTAIN ANY THREATENING, HARASSING, LIBELOUS, FALSE, DEFAMATORY, OFFENSIVE, OBSCENE, OR PORNOGRAPHIC MATERIAL, OR OTHER MATERIAL THAT WOULD VIOLATE ANY OTHER APPLICABLE LAW OR REGULATION. YOU AGREE THAT YOU WILL NOT KNOWINGLY AND WITH INTENT TO DEFRAUD PROVIDE MATERIAL AND MISLEADING INFORMATION. YOU REPRESENT AND WARRANT THAT THE MATERIALS YOU SUPPLY DO NOT VIOLATE THESE TERMS OF USE.

4. LINKS AND REFERENCES TO THIRD-PARTY WEB SITES, MATERIALS

ANY LINKS AND/OR REFERENCES ON THE SITE TO THIRD PARTY WEBSITES OR INFORMATION ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU. IF YOU USE SUCH LINKS OR REFERENCES, YOU MAY LEAVE THE SITE, AND DO SO AT YOUR OWN RISK.  SUCH LINKS AND REFERENCES DO NOT CONSTITUTE OR IMPLY AN ENDORSEMENT, SPONSORSHIP, OR RECOMMENDATION BY OWNER OF THE THIRD PARTY, THE THIRD-PARTY WEB SITE, OR THE INFORMATION THERE.  OWNER IS NOT RESPONSIBLE FOR THE AVAILABILITY OF ANY SUCH WEBSITES. OWNER IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH WEBSITES OR THE CONTENT OR ACCURACY THEREON, AND SUCH WEBSITES OR REFERENCES ARE NOT INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY US.

5. DOWNLOADING FILES AND MODIFICATION

OWNER CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT FILES OR INFORMATION AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF INFECTION BY SOFTWARE VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS.  OWNER RESERVES THE RIGHT IN ITS SOLE DISCRETION TO EDIT, MODIFY, OR DELETE ANY DOCUMENTS, OR INFORMATION OR OTHER CONTENT APPEARING ON THE SITE.

6. PROHIBITED USE OF THE SITE

BY ACCESSING THE SITE, YOU AGREE THAT YOU WILL NOT USE THE SITE IN VIOLATION OF THESE TERMS OF USE; COPY, MODIFY, CREATE A DERIVATIVE WORK FROM, DECOMPILE, REVERSE ENGINEER OR REVERSE ASSEMBLE THE SITE, OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE, OR ALLOW ANY THIRD PARTY TO DO SO; SELL, ASSIGN, SUBLICENSE, DISTRIBUTE, COMMERCIALLY EXPLOIT, GRANT A SECURITY INTEREST IN OR OTHERWISE TRANSFER ANY RIGHT IN, OR MAKE AVAILABLE TO A THIRD PARTY, THE CONTENT IN ANY WAY; USE OR LAUNCH ANY AUTOMATED SYSTEM, INCLUDING WITHOUT LIMITATION, "ROBOTS," "SPIDERS," OR "OFFLINE READERS," THAT ACCESSES THE SITE IN A MANNER THAT SENDS MORE REQUEST MESSAGES TO THE OWNER’S SERVERS IN A GIVEN PERIOD OF TIME THAN A HUMAN CAN REASONABLY PRODUCE IN THE SAME PERIOD BY USING A CONVENTIONAL ON-LINE WEB BROWSER; USE THE SITE IN ANY MANNER THAT DAMAGES, DISABLES, OVERBURDENS, OR IMPAIRS ANY OWNER WEBSITE OR INTERFERES WITH ANY OTHER PARTY'S USE AND ENJOYMENT OF THE SITE; MIRROR OR FRAME THE SITE OR ANY PART OF IT ON ANY OTHER WEB SITE OR WEB PAGE; ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO THE SITE; ACCESS THE SITE BY ANY MEANS OTHER THAN THROUGH THE INTERFACE THAT IS PROVIDED BY OWNER FOR USE IN ACCESSING THE SITE; USE THE SITE FOR ANY PURPOSE OR IN ANY MANNER THAT IS UNLAWFUL, PROHIBITED BY, OR NOT EXPRESSLY PERMITTED BY THIS AGREEMENT.  ANY UNAUTHORIZED USE OF ANY CONTENT OR THE SITE MAY VIOLATE TRADE SECRET, PATENT, COPYRIGHT, TRADEMARK, AND OTHER LAWS.

7. DISCLAIMERS; LIMITATIONS OF LIABILITY

OWNER AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OWNER AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OWNER IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES, ERRORS, PROBLEMS, BUGS, OR LIMITATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OWNER AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE WHATSOEVER FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, INCOME, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF OWNER OR ANY OF OWNER'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, OWNER IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF OWNER AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS OR THE FEES YOU PAID DIRECTLY TO OWNER TO ACCESS THIS SITE.

8. INDEMNIFICATION

YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR YOUR USE OF INFORMATION LOCATED ON THE SITE AND FOR YOUR BEHAVIOR WITH RESPECT TO SUCH INFORMATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OWNER, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, BUSINESS PARTNERS, LICENSORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS FROM AND AGAINST 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 THESE TERMS OF USE.

9. GENERAL PROVISIONS

THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. NO WAIVER BY OWNER OF ANY BREACH OR DEFAULT HEREUNDER SHALL BE DEEMED TO BE A WAIVER OF ANY PRECEDING OR SUBSEQUENT BREACH OR DEFAULT. THE CONTENT MAY CONTAIN TYPOGRAPHICAL ERRORS OR OTHER ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. OWNER THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE THE CONTENT AT ANY TIME WITHOUT PRIOR NOTICE. OWNER DOES NOT, HOWEVER, GUARANTEE THAT ANY ERRORS, INACCURACIES OR OMISSIONS WILL BE CORRECTED. IF ANY PART OF THESE TERMS OF USE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNENFORCEABLE, IT WILL NOT IMPACT ANY OTHER PROVISION OF THESE TERMS OF USE, ALL OF WHICH WILL REMAIN IN FULL FORCE AND EFFECT. ANY AND ALL DISPUTES RELATING TO THESE TERMS OF USE, ANY RELATED PRIVACY POLICY, YOUR USE OF THE SITE, ANY OTHER OWNER WEB SITE, OR THE CONTENT ARE GOVERNED BY, AND WILL BE INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO ANY CONFLICT OF LAWS PROVISIONS. YOU AGREE TO THE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE SUMMIT COUNTY, OHIO IN THE EVENT OF ANY DISPUTE OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF USE, YOUR USE OF THE SITE, ANY OTHER OWNER WEBSITE, OR THE CONTENT.

REVISION DATE 21 NOVEMBER 2019

QUESTIONS?

IF YOU HAVE QUESTIONS, CONCERNS OR IF YOU WOULD LIKE MORE DETAILED INFORMATION, PLEASE CONTACT US AT:
CRAIN, LANGNER & CO.
LEGACY RISK SOLUTIONS
INFO@CRAINLANGNER.COM
330.659.3142