PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE CAPTIUM PLATFORM AND ITS ASSOCIATED SERVICES, (COLLECTIVELY “THE PLATFORM”).

 

By using and accessing the Platform, you accept and agree to be bound and abide by these Captium User Terms of Use ("Terms"). If you do not agree to all of these Terms, do not use the Platform.

 

These terms are between Akron Brass Company (including products sold under the brand name “Weldon”), Hurst Jaws of Life, Inc. and Hale Products, Inc. on behalf of itself and its affiliates, individually and collectively hereinafter referred to as either (“IDEX F&S,” “we,” “us,” or “our”) and the person or entity accepting these Terms (“you” or “User”). These Terms replace any prior terms related to the use of this Platform including, without limitation, any other terms governing the Platform contained in any agreement between us and/or any other party and you, and your continued use of the Platform will constitute your acceptance of the Terms as amended.

 

Your use of the Platform is also subject to our Privacy Policy available at https://www.idexfiresafety.com/privacy-statement and any applicable documentation we provide. To the extent personal information is collected, it will be processed in accordance with the Privacy Policy. By using and accessing the Platform, you accept and agree to be bound and abide by our Privacy Policy.

 

1.    User Obligations

 

When creating an account or when using the Platform, you agree to: (1) provide accurate information to us at all times and promptly update any information provided, including your profile or any other account information; (2) keep your access credentials confidential and secure; and (3) promptly update any compromised credentials to new credentials and take other steps that you or we may deem necessary to protect your account. You consent to receive notices and updates (including material changes to these Terms) via in-Platform messaging.

 

You are responsible for any inaccurate information you provide in connection with the Platform and any actions taken under your account credentials, regardless of whether such actions are taken by you or a third party. We are not liable for any loss or damage arising from any unauthorized use of your account.

 

2.    User Qualifications

 

You represent and warrant that you (1) are at least 18 years of age and a resident of the US, if you are an individual, (2) are legally and validly organized under US law, if you are an organization or entity, and (3) have the authority to enter into legally binding contracts for yourself or your legal entity under applicable law.

 

3.    User Information and Data

 

When setting up an account on the Platform, you will submit certain information necessary to create an account (“User Information”). Other than as specifically requested by the Platform to establish your account, or retrieved by the Platform in the normal course of your use of the Platform, you agree not to submit any personally identifiable information to the Platform.

 

By accessing and using the Platform, you agree and consent to collection of certain information, and to the storage and use, of such information within the Platform by IDEX F&S, in its sole discretion.  Notwithstanding any other provision of these Terms, all information related to the use of your IDEX F&S equipment, collected from your use of the Platform, or provided by you through the Platform including, but not limited to, machine data that your machine or equipment share, transmit, or otherwise make available to IDEX F&S and excluding personally identifiable information that has not been de-identified or aggregated, constitutes “Data.”

 

You grant us, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable right and fully sub-licensable license to collect, host store, process, analyze, transmit, use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from all Data, in any form, format, or medium of any kind now known or later developed.  You waive all moral rights you may have with respect to the Data.  You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any Data for any purpose whatsoever, including but not limited to commercial purposes and developing, manufacturing and marketing commercial products using such information.  We may also aggregate Data with other information in such a way that it will not identify you, and we may use that aggregated Data to develop and improve our products and Platform.  We will not attempt to re-identify de-identified Data.  All rights in this paragraph are granted without the need for us to pay compensation of any sort to you.  You agree that any materials that you provide to us, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information regarding us or the Platform, whether in email or feedback forms, or other submission format, shall belong exclusively to us without acknowledgement or compensation to you.  This includes, without limitation, sharing Data with partners and service providers for any purpose permitted under these terms.

 

In addition, we may use or disclose any Data or other information that we reasonably believe is necessary to: (1) satisfy legal requirements or governmental requests; (2) enforce or investigate violations of these Terms; (3) detect, prevent, or otherwise address fraud, security, or technical issues; (4) respond to your user support requests; (5) protect the rights, property, or safety of IDEX F&S, our users, and the public.

 

4.    Security; Availability; Support

 

IDEX F&S implements administrative, technical, and physical safeguards designed to protect the Platform and Data, including encryption in transit and at rest for supported interfaces, access controls, and vulnerability management. While we strive for high availability, the Platform may be unavailable from time to time due to maintenance, updates, or factors beyond our control.

 

5.    Data Retention; Export; Deletion

 

IDEX F&S may retain Data for as long as necessary to fulfill the purposes described in these Terms and to comply with legal obligations. We may provide mechanisms for you to export certain Data during the term.

 

 

6.    Prohibited Uses

 

You agree not to engage in any of the following activities while using or accessing the Platform, and you acknowledge and agree that violating these prohibitions constitutes a breach of these Terms:

 

•      Violating local, state, or other applicable laws or regulations;

•      Posting content that infringes the intellectual property rights, privacy, publicity, or other rights of any third party;

•      Posting content that is unlawful, obscene, defamatory, threatening, harassing, hateful, or embarrassing to any party as determined in our sole discretion;

•      Impersonating a third party or misrepresenting your identity in any way;

•      Distributing viruses or other harmful or malicious computer code;

•      Collecting information about others without their explicit written consent;

•      Providing your access credentials to or otherwise allowing a third party or third party system to use your identity, impersonate you, or access your account; or

•      Disrupting or impeding a third party's use and enjoyment of the Platform, or any conduct which, in our judgment, exposes us or any customers, partners, or related entities to liability or detriment of any type.

 

 

7.    Confidentiality

 

“Confidential Information” means non-public information disclosed by a party that is designated confidential or should reasonably be understood to be confidential, including product plans, technical information, security information, business information, and the terms of these Terms (excluding information developed by IDEX F&S from de-identified or aggregated Data). Each party will use the other party’s Confidential Information only for purposes of these Terms and will protect it using at least the same care it uses to protect its own confidential information, and no less than reasonable care. These obligations do not apply to information that is publicly available through no fault of the recipient, was already known without restriction, was independently developed, or was rightfully disclosed by a third party. The recipient may disclose Confidential Information as required by law, with reasonable prior notice if legally permitted.

 

 

8.    Limited License to Use Platform

 

IDEX F&S grants you limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and all content, data, information, and materials included by IDEX F&S in the Platform (the "IDEX F&S Materials") solely for your own personal use, or if you are a commercial customer, solely for your internal business use, subject to the terms and conditions set forth in these Terms. All other rights are reserved. You agree that you will not modify, copy, distribute, resell, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, or use the Platform or IDEX F&S Materials except as explicitly authorized in these Terms. You will not use the Platform or any of the IDEX F&S Materials other than for their intended purpose or in any way that is unlawful or harms us or our suppliers.

 

 

Without limiting the foregoing, you may not engage or attempt to engage in the practices of "screen scraping," "database scraping," "data mining," or any other activity with the purpose of obtaining lists of users or other information from the Platform or that uses web "bots" or similar data gathering or extraction methods, or knowingly permit use of your access credentials by another party to do so. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.

 

 

9.    Suspension and Termination

 

IDEX F&S can, in its sole discretion, suspend access to your account on the Platform if we believe: (1) there is risk to the security or privacy of your account; (2) there is a threat to the security or integrity of our network or the Platform; (3) suspension is needed to protect the rights, property or safety of IDEX F&S, our users or the public; (4) there is a basis for termination of your account; (5) you have violated these Terms; or (6) we are required to by law.

 

 

We may cancel your access to the Platform: (1) immediately if you breach these Terms;

(2) if there is a basis for cancellation of your account based on another agreement in place between us; or (3) if we are required to by law. We will provide you notice if we cancel your account.

 

 

We will endeavor to promptly provide you notice in the event of any suspension or termination. During a suspension or following a termination, you will not have the ability to use or access the Platform or any of the information contained or stored in the Platform. Any suspension of your access to the Platform will not limit or waive our rights to terminate your access to the Platform. At the point we determine, in our sole discretion, that the reason for suspension of access to your account has been resolved, we will restore access to your account. During a suspension or following a termination, you will not register or attempt to register another account with IDEX F&S.

 

 

These Terms terminate upon cancellation of your account. Upon termination, IDEX F&S has no obligation to store your data, but may do so to comply with legal or business requirements for a reasonable time after termination.

 

 

10. Disclaimer of Warranty and Limitation of Liability

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND. IDEX F&S, TO THE FULLEST EXTENT ALLOWED BY THE LAW, EXPRESSLY DISCLAIMS ANY / ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. IDEX F&S SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE PLATFORM INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, LOSS OF DATA, LOSS OF BUSINESS, INABILITY TO ACCESS DATA OR THE PLATFORM, OR THE LACK OF INFORMATION IN ANY WAY RELATING TO THE PLATFORM. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS TO AND USE OF THE PLATFORM IS SAFE, RELIABLE, AND ERROR-FREE, IDEX F&S CANNOT GUARANTEE, AND DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, OR ANY ELEMENT THEREOF, INCLUDING SOFTWARE OR SYSTEMS ARE AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

IN NO EVENT WILL IDEX F&S’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING FOR YOUR USE OF THE PLATFORM OR INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE TO YOU THROUGH THE PLATFORM EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO IDEX F&S FOR THE AFFECTED MATERIALS. IN NO EVENT WILL IDEX F&S BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE ACCESS TO, USE OF, OR RELIANCE ON, THE PLATFORM, APPS OR IN-APP PRODUCTS WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT IDEX F&S IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY TO YOU EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

 

The foregoing cap will not apply to (i) your payment obligations; (ii) your breach of the license restrictions; (iii) your infringement or misappropriation of IDEX F&S’s intellectual property; or (iv) your breach of the Confidentiality section.

 

 

11. Indemnity

 

You agree to defend, indemnify and hold IDEX F&S, its officers, directors, employees, agents, licensors and business partners, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.

 

 

12. Changes to the Platform

 

We may modify the Platform at any time without notice. We may modify or discontinue features with reasonable notice where practicable. For changes that materially reduce core functionality, we will provide advance notice via the Platform or email when feasible.

 

 

13. Modifications to the Terms

 

We may change these Terms by posting an updated version on our website. We may update these Terms from time to time. Material changes will be notified via in-Platform notice or email at least 10 days before the effective date unless a shorter period is required by law or for security or compliance reasons. Your continued use after the effective date constitutes acceptance of any updated or modified Terms.

 

 

 

14. Fees and Payment

 

 

If fees apply, you agree to pay all fees per the ordering document or online purchase flow. Taxes are your responsibility, excluding taxes based on IDEX F&S’s income.

 

 

15. Geographic Restrictions

 

IDEX F&S is based in the United States of America, Canada or Mexico. IDEX F&S makes no claims that the Platform is appropriate or may be used outside of the United States or Canada. Access to and use of the Platform is intended solely for persons residing in the United States or Canada and may not be legal by certain persons or in certain countries. If you use the Platform from outside the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You represent you are not located in, organized under the laws of, or ordinarily resident in, any embargoed or sanctioned jurisdiction and are not a restricted party under applicable trade controls.

 

 

16. Export; Sanctions Compliance

 

You will not export, re-export, transfer, or use the Platform or related technology in violation of U.S. or other applicable export control and sanctions laws. You represent that you and your users are not listed on any U.S. government denied-party list and will not permit access from embargoed or sanctioned jurisdictions.

 

 

17. Force Majeure

 

Neither party will be liable for delays or failures due to events beyond its reasonable control, including acts of God, labor disputes, failures of suppliers, utilities, or telecommunications, war, terrorism, epidemics, or government actions.

 

 

18. Jurisdiction and Venue

 

These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with IDEX F&S, or in any way relating to the Platform, resides in the state and federal courts in Chicago, Illinois, and you hereby expressly, irrevocably, and unconditionally consent and submit to the exercise of personal jurisdiction by such courts.

 

 

19. General

 

If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect. You may not assign these Terms, or assign, transfer or sublicense your rights, if any, in the Platform, however, IDEX F&S may freely assign these Terms and all of the contained rights herein. Unless expressly stated in another written agreement between you and us, the Terms constitute the entire agreement between you and us with respect to the Platform. You agree and consent to receive communications from us via each of the following methods: by posting or making available such communication within the Platform or by sending such communication to the email address you provided as part of your account. You agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.

 

IS PORTAL IS MADE AVAILABLE SOLELY FOR PURCHASERS AND CUSTOMERS (“YOU”) OF CAPTIUM SERVICES AND IS PROVIDED SUBJECT TO THESE TERMS OF USE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS PORTAL WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PROMPTLY EXIT THIS PORTAL. YOU REPRESENT THAT YOU HAVE AUTHORITY FROM YOUR EMPLOYER TO ENTER INTO THESE TERMS OF USE ON THEIR BEHALF AND BIND THEM TO THESE TERMS.

Last Modified: January 2020

1. Restrictions on Use and Ownership. This portal and all services and data, materials, and content made available through them (collectively the “Portal”) are the property of Akron Brass Company (“Akron”, “us”, or “we”) and/or its subsidiaries, affiliates, vendors, and licensors. We have created this Portal as a convenience to our customers for purposes of viewing certain equipment usage and statistical data for compatible systems connected to the Captium System. We grant you a nonexclusive, non-transferable license to use the Portal solely for your use in connection with the information obtained during operation of your equipment. As a condition of your use of this Portal, you warrant that you will not use the Portal for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of these Terms of Use, your authorization to use this Portal automatically terminates and you must immediately destroy any downloaded or printed materials.

All trademarks, service marks, icons, and logos used in this Portal are the trademarks, service marks or logos of Akron or their respective owners.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Portal. You agree not to collect personally identifiable information of other users of the Portal or to sell or otherwise exploit that information.

Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by Akron and/or its vendors and licensors.

We may, in our sole discretion and without prior notice, modify the Portal, remove or alter functionality, or cease provision of the Portal at any time. Termination of the Portal will not affect the status of any products or services provided by you under another agreement with the Akron.

1. Copies of These Terms of Use; Updates. You may print a copy of these Terms of Use using the print button or feature in your browser. We suggest retaining a copy for your future reference. You should be aware, however, that we may revise these Terms of Use at any time, and by your continued use of the Portal agree to be bound by future revisions. It is your responsibility to periodically visit the “Terms of Use” link at the bottom of our home page to review the most current version of the Terms of Use. You may use your browser to print copies of any updated Terms of Use.
2. Restrictions. You may not and will not allow any third party to, (i) decompile, disassemble, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Portal, except to the extent expressly permitted by applicable law; (ii) use the Portal to develop a competing product or service; (iii) use the Portal for any purpose for which it was not designed or inconsistent with any online documentation we provide; and (iv) remove any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Portal, or any other products or materials made available through the Portal.
3. Limited Access Areas of the Portal; Registration. Certain areas of the Portal require registration, establishment of an account, and the use of a username and password to access. By registering, you represent and warrant (a) that you are 18 years of age or over and reside in the United States, and (b) the registration information you provide is current, complete, and accurate. You are responsible for updating the registration information to ensure it continues to be current, complete, and accurate. Akron may revoke registration and accounts at any time, if use would expose Akron to potential liability, violate applicable law, breach these Terms of Use, or disrupt operation of the Portal. You are responsible for maintaining the confidentiality of your username and password and all activities conducted using your username and password. You will notify Akron immediately of any unauthorized use of your username or password and that you will, for security reasons, make sure that you exit from any activities on the Portal at the end of each of your uses of the Portal.
4. Your License to Us. You grant us a non-exclusive, world-wide, royalty-free license to use the documents, information, graphics, data, content, and other materials uploaded by you to the Portal (the “Content”) for purposes of furnishing the Portal to you and the services and functionality available through the Portal. You are solely responsible for obtaining all rights, permissions, and authorizations to provide the Content to us for use as contemplated under this Section. Except for the license granted in this Section, nothing contained in these Terms of Use will be construed as granting us any right, title, or interest in your Content. You grant us a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use, copy, distribute, and otherwise exploit statistical and other aggregated data derived from your use of the Portal and the Content (the “Aggregated Data”) for our business purposes, including the provision of products and services to our customers; provided the Aggregated Data is combined with similar data from our other customers and does not include (directly or by inference) any information identifying you or any identifiable individual. The Aggregated Data will not be considered confidential or proprietary to you.
5. Your Obligations. You represent and warrant that you have all right, title, and interest necessary to post your Content to the Portal and grant the rights provided above. You will not provide any Content that (i) violates the intellectual property, privacy, publicity, or other rights of any individual or entity; (ii) is defamatory, obscene, threatening, harassing, or offensive; or (iii) violates any law, regulation, or rule. Akron may, but is not obligated to, monitor or review any areas of the Portal where user Content may be made available, including, but not limited to, chat rooms, discussion areas, and other user forums. Akron, however, will have no liability related to the Content or your access to or use of any other user’s Content, whether or not arising under the laws of copyright, defamation, privacy, obscenity, or otherwise. Akron retains the right to remove, in its sole discretion, without notice, Content that includes any material deemed abusive, defamatory, obscene, illegal, or otherwise inappropriate. In addition to the foregoing, you may not use the Portal for, or in connection with, any of the following activities:

• Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of our personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting.
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming, routines or engines, including, without limitation, via means of submitting a virus to the Portal, that are intended to damage, destroy, disrupt, overload, flood, mailbomb or crash or otherwise impair a computer’s functionality or the operation of the Portal, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate our rules or policies.
• Providing computer time sharing, third party training, virtual or actual hosting or service bureau use for any third parties.
• You may not violate or attempt to violate the security of the Portal. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations, and we may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer.

1. Feedback. You may provide suggestions, comments or other feedback (collectively, “Feedback”) to us with respect to the Portal and our products and services. Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, You grant us an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with our business, including the enhancement of our products and services.
2. Your Indemnity. You will, at your own expense, indemnify, defend, and hold Akron and its subsidiaries, affiliates, officers, employees, agents, co-branders, suppliers, or associates harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees and expert costs), arising out of your use of the Portal or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and any third party, (b) based on or caused by unauthorized access to the Portal through your account, (c) based on your actual or alleged breach of these Terms of Use, (d) based on your violation of any applicable law or regulation of any jurisdiction, or (e) arising out of your Content. You may not enter into a settlement or stipulated judgment of the foregoing without Akron’s prior written consent.
3. Privacy. Please review Akron’s Privacy Policy located at https://www.captiumconnect.com/privacy-policy for details on the manner in which we collect, use, disclose and otherwise manage of personal information, if any, disclosed in use of the Portal.
4. Warranty Disclaimer. THIS PORTAL, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY PORTAL-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PORTAL. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AKRON OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
5. Limitation of Liability. AKRON AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE PORTAL ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PORTAL IS TO STOP USING THE PORTAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. Accuracy and Integrity of Information. Although Akron attempts to ensure the integrity and accurateness of the Portal, it makes no guarantees whatsoever as to the correctness or accuracy of the Portal. It is possible that the Portal could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Portal by third parties. In the event that an inaccuracy arises, please inform Akron so that it can be corrected. Information contained on the Portal may be changed or updated without notice.
7. Choice of Law; Venue. These Terms of Use are entered into in the State of Ohio and shall be governed by and construed in accordance with the laws of the State of Ohio, exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Portal or these Terms of Use will be resolved in Ohio. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
8. Entire Agreement. These Terms of Use, as may be amended from time-to-time by Akron, constitute the entire agreement between Akron and you pertaining to the subject matter hereof. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Portal.