Terms and Conditions

By using our Site, you are agreeing to the following terms and conditions of use. Please review the following terms and conditions carefully.

1.         Acceptance of Agreement.  By clicking “I accept” below, by using this Site, or accessing any information on this Site, you agree to these terms and conditions of use.  These terms and conditions constitute the entire and only agreement between Ohio Horseman’s Council, Inc. (hereinafter “OHC”), and you regarding your use of this Site.  Any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of this Site or its content, and the subject matter of this agreement, are specifically disclaimed.  These terms and conditions may be amended at any time by us without notice to you. The current and applicable version of these terms and conditions will be posted on the Site.  You should review this agreement prior to using the Site, and when, from time to time, you return to this Site.

2.         Copyright.  The content, organization, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Site, including without limitation, the “look and feel” of this Site, are protected under applicable copyrights and other proprietary rights (including but not limited to intellectual property rights) and are the property of OHC.  You may not use, copy, distribute, display, publish, transmit or create derivative works of any content or material on this Site, except as expressly permitted by Paragraph 4 of this Agreement.

3.         Trademarks.  All trademarks and tradenames used on this site are trademarks or registered trademarks of OHC or other third parties.  The copying, redistribution, use or publication by you of any such marks, except as expressly allowed by Paragraph 4, is strictly prohibited.

4.         Limited Right to Use.

a.         You may view, print or download any content, graphic, form or document from the Site so long as such activity is for your own personal and non-commercial use.  You may not modify, copy, transmit, display, perform, reproduce, license, publish, distribute, assign, sublicense, sell, create a derivative work from or make other use of the content of this Site.  No part of any content, form or document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.

b.         Your activities on the Site shall not: (a) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (b) contain or subject this Site to any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (c) create liability or cause OHC to lose (in whole or in part) the services of its ISPs or other suppliers; (d) modify or alter any part of this Site, including, without limitation by (i) providing a link directly or indirectly to any other site from this Site or (ii) modifying or altering any material on this Site. 

c.         Without OHC’s express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services.  You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site.

d.         Termination and/or Access Restriction.  OHC reserves the right, in its sole discretion and judgment, and without liability of any kind to you, to terminate your access to the Site for any reason, at any time, without notice.  

5.         Editing, Deleting and Modification.  OHC shall have the right, in its sole discretion, but not any obligation, to refuse to post, modify or remove any material submitted to or posted on the site.  Without limiting the foregoing, OHC shall have the right to remove any material that OHC in its sole discretion, finds to be in violation of the provision hereof or otherwise objectionable.

6.         Indemnification.  You agree to indemnify, defend and hold OHC its officers, directors and employees harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this agreement or use of the Site.

7.         No Warranty and Disclaimer of Liability. 

a.         THE INFORMATION PROVIDED FROM, AT OR THROUGH THIS SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.) 

b.         THE INFORMATION PROVIDED AT THIS SITE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.  OHC, SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION PROVIDED AT THIS SITE.

c.         OHC DOES NOT WARRANT OR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THE SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.

d.         OHC WILL NOT BE LIABLE TO YOU FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE OUR SITE.  FURTHER, AND WITHOUT LIMITATION, OHC ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

e.         YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD NOT BE PROVIDED WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS. 

8.         Limitations on Information.  In compiling this web site, OHC has made a determined effort to present its contents accurately.  However, reliance on the contents of this Site for any purpose by you is at your sole risk.  All standards, specifications, technical discussions, and reports included on this web site are advisory only.  OHC is not responsible, for any errors of any kind (typographical or otherwise).

9.         Use of Information Provided by the User.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.  By submitting material to OHC, you automatically grant, or warrant that the owner of such material has expressly granted OHC the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or incorporate it in other works in any form, media or technology now known or hereafter developed.  You also permit any other user of the site to access, view, store or reproduce the material for that user’s personal use.  You grant OHC the right to edit, copy, display, publish and distribute any materials made available on the site by you.

10.       Privacy Policy. 

a.         Our Privacy Policy, as it may change from time to time, is a part of these terms and conditions of use.  OHC will not be liable to you for any damages, including without limitation, indirect, special, incidental, or consequential damages, that may result from any violation of the Privacy Policy.

11.       Links to Other Web Sites. The Site may contain links to other web sites.  Those sites are not operated or controlled by OHC and OHC is not responsible for the content, accuracy or opinions expressed in such web sites.  OHC has not investigated, monitored or checked for accuracy or completeness of any of these sites. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

12.       Copyrights and Copyright Agents.  We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

(a)        An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b)        Description of the copyrighted work that you claim has been infringed;

(c)        A description of where the material that you claim is infringing is located on the Site;

(d)        Your address, telephone number, and email address;

(e)        A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f)         A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site is, who can be reached as follows:

By mail:            Richard Patterson

                        156 Valley Blvd.

                        Newark, Ohio 43055

By email:  farms156@alltel.net

13.       Information and Press Releases.  The Site contains information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

14.       Miscellaneous. 

a.         This Agreement shall be treated as though it were executed and performed in Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred and all actions shall be subject to the limitations set forth in these terms and conditions of use.

b.         The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.

c.         All legal proceedings arising out of or in connection with this Agreement shall be brought solely in state or federal courts located in Ohio.  You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.

d.         Should any part of this Agreement be held invalid or unenforceable, the remaining portions of this agreement shall remain in full force and effect.

e.         To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall control.

f.          Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

We hope that you enjoy your visit and find our web site informative.  Thank you.

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