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LEGAL NOTICES
This web site ("Site") is provided by Digibahn, Ltd. ("Digibahn") and may be used for informational purposes only. Use of the Site is subject to these Terms and Conditions. These Terms and Conditions constitute a legal agreement between you and Digibahn. By using or visiting the Site, or downloading materials from the Site, you expressly agree to abide by these Terms and Conditions, and to comply with all applicable laws and regulations governing use of the Site, including, but not limited to, United States export and re-export control laws and regulations. If you do not agree to abide by these Terms and Conditions do not use or download materials from the Site.

LIMITED LICENSE/RESTRICTIONS ON USE
Subject to the Terms and Conditions set forth in this notice, Digibahn grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the information contained or displayed thereon (the "Materials"). You shall not interrupt or attempt to interrupt the operation of the Site in any way.

Digibahn authorizes you to view, display, copy, distribute and download the Materials for personal, non-commercial use only, provided that you 1) do not modify the Materials in any way, 2) retain, on all copies of the Materials, all copyright and other proprietary notices contained in the Materials, 3) do not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under, and the restrictions set forth in these Terms and Conditions. You may not reproduce or publicly display, perform or distribute, or otherwise use the Site or the Materials for any public or commercial purpose. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.

The Site, including the Materials, is copyrighted and protected by law, including, but not limited to, United States copyright law, United States trademark law and international treaties. You agree to comply with all worldwide copyright laws in your use of the Site and the Materials and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Digibahn does not grant you any implied or express right under any copyrights, patents, trademarks or trade secret information.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair any web site(s) (or the network(s) connected to any web site(s)) or interfere with any other party's use and enjoyment of any web site(s). You may not attempt to gain unauthorized access to any web site, other accounts, computer systems or networks connected to any web site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than those permitted by these Terms and Conditions. Any unauthorized access to this Site is considered trespass and, is strictly prohibited. You also agree not to deep-link to the Site for any purpose, unless expressly authorized, in writing, by Digibahn to do so.

DISCLAIMER/LIMITATION OF LIABILITY
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. DIGIBAHN DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS. DIGIBAHN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS OF THE SITE OR THE MATERIALS. DIGIBAHN MAY MAKE CHANGES TO THE SITE AND THE MATERIALS AT ANY TIME WITHOUT NOTICE.

THE SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, OR REPRESENTATION OF ANY KIND. DIGIBAHN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND THE MATERIALS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT DIGIBAHN IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.

UNDER NO CIRCUMSTANCES WILL DIGIBAHN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR THE MATERIALS OR FOR ERRORS OR OMISSIONS ON THE SITE OR IN ANY LINKED SITE, EVEN IF DIGIBAHN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, YOU ASSUME ANY COSTS THEREOF. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

THIRD PARTY SITES
As a convenience to you, the Site may contain links to web sites operated by other entities ("Linked Sites"). If you use the Linked Sites, you will leave the Site. When you visit the Linked Sites, you do so at your own risk and you are responsible for taking all protective measures to guard against viruses or other harmful elements. Digibahn does not control the Linked Sites and Digibahn is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Digibahn is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Digibahn responsible if the Linked Site is not working appropriately. Digibahn provides these links only as a convenience to you, and the inclusion of any link does not imply endorsement by Digibahn of the Linked Site or any information appearing thereon or any product or service described thereon, or any affiliation or association with its operators. You are solely responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

INFORMATION PROVIDED BY YOU
You should not send any confidential or proprietary information to Digibahn via the Site. Any information or materials provided to Digibahn by you or others acting on your behalf will not be considered confidential or proprietary. You agree that Digibahn may use any information or materials provided by you or others acting on your behalf via the Site in its discretion for any purpose whatsoever; and you hereby grant Digibahn an unrestricted, irrevocable, worldwide, royalty-free right and license to use, reproduce, display, publicly perform, transmit and distribute any such information and materials, and any ideas, concepts, inventions or know-how arising or derived therefrom. You shall not provide Digibahn with information or materials that are unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or that incorporate the proprietary material of another.

CHANGES TO THE TERMS AND CONDITIONS
Digibahn reserves the right to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time with or without notice. Any such change, modification, addition or removal is effective when posted to the Site and your continued use of the Site after any such posting will be considered acceptance of those changes.

Digibahn may terminate, change, suspend or discontinue the Site or any aspect of the Site at any time with or without notice. Digibahn may impose limits on certain features and services or restrict your access to the Site or any portion or feature of the Site without notice or liability to you or others.

Digibahn may at any time terminate your right to access the Site and the rights and license granted in these Terms and Conditions. Upon such termination, you shall immediately destroy all copies of the Materials.

INTERNATIONAL USERS AND CHOICE OF LAW
The Site is controlled, operated and administered by Digibahn, Ltd. from its offices in the United States of America. Digibahn makes no representation that the Site or the Materials are appropriate or available for use at other locations outside of the United States and access to the Site or the Materials from territories where their contents are illegal is prohibited. You shall not use the Site or export the Materials in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, it is your responsibility to comply with all local laws.

These Terms and Conditions are governed by the laws of the State of Ohio, U.S.A., without giving effect to its conflict of laws provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of Cuyahoga County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Site and the Materials. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph.

You agree to indemnify and hold Digibahn, its parents, subsidiaries, affiliates, officers, employees, successors and assigns harmless from any claim, demand, or damage, including actual attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Site. Digibahn reserves the right to disclose any personal information about you or your use of the Site and the Materials, without your prior permission if Digibahn has a good faith belief that such action is necessary to 1) conform to legal requirements or comply with legal process; 2) protect and defend the rights or property of Digibahn or its affiliated companies; 3) enforce these Terms and Conditions; 4) protect the interests of its members or others; or 5) comply with conditions outlined in the Digibahn Privacy Statement.

The performance of Digibahn under these Terms and Conditions is subject to existing laws and legal process, and nothing contained herein is in derogation of the right of Digibahn to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Digibahn with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 these Terms and Conditions will continue in effect. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between the you and Digibahn with respect to the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and Digibahn with respect to the Site. A printed version of these Terms and Conditions and of any notice given in electronic form is admissible in judicial and administrative proceedings based upon or relating hereto to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PRIVACY POLICY
Digibahn is sensitive to privacy issues on the Internet and is committed to protecting your privacy and providing you with a safe online experience. When you browse the Site, you do so anonymously. You can visit DIGIBAHN.COM without telling us who you are or revealing any information about yourself. There are times, however, when Digibahn may collect personally identifiable information, such as your name and address. Usually, this information is used only to respond to your inquiry, process an order or allow you to access specific account information. There is also information about your computer hardware and software that may be automatically collected by Digibahn and may be shared with other web sites within the Digibahn family of web sites. This information can include your IP address, browser type, domain names, access times and referring web site addresses. This information is used by Digibahn for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Site.

Digibahn may collect and use your personal information to operate the Site and deliver the services you have requested. We may also use your personally identifiable information to inform you of other products or services available from Digibahn and its affiliates. Digibahn may also contact you with surveys to conduct research about your opinion of current services or of potential new services that may be offered. Digibahn keeps track of the web sites and pages our customers visit within the Site, in order to determine what web sites, web pages and services are the most popular. This data is used to deliver customized content and advertising within Digibahn to customers whose behavior indicates that they are interested in a particular subject area.

We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. All such third parties are prohibited from using your personal information except to provide these services to Digibahn, and they are required to maintain the confidentiality of your information.

We will not disclose your personal information, without notice, unless we are required to do so by law or we have a good faith belief that such action is necessary to 1) conform to the edicts of the law or comply with legal process served on Digibahn or the Site; 2) protect and defend the rights or property of Digibahn or its affiliated companies; 3) enforce these Terms and Conditions; 4) protect the personal safety of users of Digibahn, the Site, or the public; and, 5) as otherwise indicated in these Terms and Conditions.

The Site may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize Digibahn pages, or register with the Site, a cookie helps Digibahn to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Site, the information you previously provided can be retrieved, so you can easily use the Digibahn features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Digibahn services or web sites you visit.

Digibahn web pages may contain electronic images known as web beacons - sometimes called single-pixel gifs - that allow Digibahn to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access your personally identifiable information on the Site; they are a technique we may use to compile aggregated statistics about Site usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. Digibahn web pages may also contain web beacons placed there by our advertising partners to help Digibahn determine the effectiveness of our Internet advertising campaigns.

The majority of the online banner advertisements you see on the Site are displayed by Digibahn. In addition, Digibahn may also allow other companies, called third-party ad servers or ad networks, to display advertisements on the Site. To do this, ad networks place a persistent cookie on your computer. Doing this allows the ad network to recognize your computer each time they send you an online advertisement. In this way, ad networks may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver advertisements that they believe will be of most interest to you. Digibahn does not have access to or control of the cookies that may be placed by the third-party ad servers or ad networks.

If you want to prevent one of these third-party companies from sending and reading cookies on your computer, you will need to visit each ad network's web site individually and request that you be removed from its system.

Digibahn encourages you to review the privacy statements of web sites you choose to link to from Digibahn so that you can understand how those web sites collect, use and share your information. Digibahn is not responsible for the privacy statements or other content on web sites outside of the Digibahn and Digibahn family of web sites





© 2017 Digibahn, Ltd. All rights reserved. Terms & Conditions
Phone: 216.261.5154 Fax: 440.815.2001