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
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
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
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
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.
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
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