This Web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound and the entire contents of this Web site are copyrighted as a collective work under the United States copyright laws and are protected under worldwide copyright laws and treaties. This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without PHD's prior written consent, except that PHD grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site and keeping intact all copyright, trademark, and other proprietary notices. Users of this Web site acknowledge that they do not acquire any ownership rights by downloading copyrighted material. Use of this Web site for any unlawful purpose is expressly prohibited.
Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, PHD does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media.
PHD may revise these terms at any time and these terms are binding on any users who establish a connection to or otherwise access this Web site. Certain provisions of these terms may be superseded by expressly designated legal notice or terms located on particular pages within this web site.
2. DISCLAIMER OF WARRANTY; LIMITATIONS OF LIABILITY
USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER PHD NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THIS WEB SITE.
THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OTHER THAN THOSE WARRANTIES REQUIRED BY LAW.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, LOSS OF DATA, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, PROPERTY DAMAGE, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USERS OF THIS WEB SITE SPECIFICALLY ACKNOWLEDGE THAT PHD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL PHD, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEB SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEB SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, PHD, ITS AFFILIATES, AND ANY INFORMATION OR CONTENT PROVIDERS SHALL NOT BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION, LINKS, GRAPHICS OR OTHER CONTENT WITHIN THIS WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PHD, ITS AFFILIATES, AND ANY INFORMATION OR CONTENT PROVIDERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED IN THIS WEB SITE. NEITHER, PHD, NOR ITS AFFILIATES, OR INFORMATION OR CONTENT PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, and ACCURACY OF COMPLETENESS OF THE INFORMATION, LINKS, GRAPHICS OR OTHER CONTENT OF THIS WEB SITE. ADDITIONALLY, THERE ARE NO WARRANTIES, AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION CONTAINED IN THIS WEB SITE.
3. LINKS TO THIRD PARTY SITES.
This Web site contains certain links to Web sites maintained by third parties unaffiliated with PHD. You acknowledge that PHD is providing these links to you only as a convenience. You acknowledge and agree that, because PHD has no control over such sites, it is not responsible for them or the resources and information they contain. In particular, PHD is not responsible for the availability of services related to another Web site that has a link on this site, PHD does not necessarily endorse such sites, and PHD is not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further acknowledge and agree that PHD will not be liable for any loss whatsoever for any damages caused by or incurred in connection with the use of or reliance on the information, goods or services available through any such site. PHD makes no warranty of any kind, express or implied, as to any linked Web site, including, without limitation, warranties of reliability, fitness for a particular purpose or noninfringement.
4. LINKS TO THE PHD WEB SITE.
If you intend to publish any link to this Web site on another Web site, you should notify PHD in advance of publishing any such link.
5. COMMUNICATION WITH PHD.
Any email messages or other material, information or communications you transmit or post to this Web site will be considered non-confidential and non-proprietary and become the property of PHD unless arrangements have been made beforehand. PHD has no obligations to any user with respect to such communications and PHD and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and non-commercial purposes. Users of this Web site must comply with all applicable laws and are prohibited from posting or transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. PHD respects users' rights of privacy and will not pass your personal information to any third party without prior permission.
Users of this Web site agree to defend, indemnify and hold PHD harmless from and against any and all claims, losses, liability and expenses (including, but not limited to, costs and attorneys fees) arising from a violation of these terms, applicable laws or regulations or any third party's rights, including, but not limited to, infringement of any copyright or trademark, or violation of any proprietary right. This obligation will survive any termination of this agreement.
7. APPLICABLE LAWS AND FORUM.
Users that access this Web site acknowledge that the content and material contained in this Web site is controlled in and originates from the United States. PHD makes no representation that any of the content of this Web site is appropriate or available for use in other locations. PHD has no responsibly for any access to this Web site from territories where the content of this Web site may be illegal or otherwise prohibited. Users who choose to access this Web site from other locations do so at their own risk and are responsible for compliance with applicable local laws.
Any claim relating to the use of this Web site and any content and materials contained herein shall be governed by the laws of the State of Ohio, without regard to any conflict of law provisions You and PHD agree to submit to the personal and exclusive jurisdiction of the courts located within Columbiana County, Ohio.
8. ENTIRE AGREEMENT.
The TOU constitutes the entire agreement between you and PHD concerning the Services and governs your use of the Services.
9. WAIVER AND SEVERABILITY OF TERMS.
The failure of PHD to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
10. USER ACKNOWLEDGEMENT AND AGREEMENT.