Ohio Department of Agriculture, Office of
Farmland Preservation
Copyright Issues and Notification
CONDITIONS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
SITE.
I.
PRIVACY
II.
ELECTRONIC COMMUNICATIONS
III.
RESTRICTIONS ON USE OF MATERIALS
IV.
JURISDICTIONAL ISSUES AND GOVERNING LAWS
V.
TERMINATION
VI.
DISCLAIMER
VII.
LIMITATION ON LIABILITY
The user of this web site and the materials contained herein assents to these
terms and conditions by accessing, browsing, or otherwise using this web site
and by clicking on the “I Agree” icon at the end of this Notification.
I. PRIVACY
Please review our Privacy Policy (http://www.ohioagriculture.gov/pubs/policies.stm),
which also governs your visit to the Web site of Ohio Department of
Agriculture, to understand our practices.
II. ELECTRONIC COMMUNICATIONS
When you visit the Web site of the Office of Farmland Preservation, Ohio
Department of Agriculture (hereinafter “ODA”), or send e-mails to us, you are
communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this site. You agree that any agreements, notices, disclosures, and
other communications that we provide to you electronically may satisfy any
legal requirement that such communications be in writing.
III. RESTRICTIONS ON USE OF
MATERIALS
(A) Proprietary Rights. All content included on this site, such as text,
graphics, logos, button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of the State of Ohio (hereinafter
“State”), by and through the ODA or its content suppliers and protected
by United States and international copyright laws. No material from
www.ohioagriculture.gov or any Web site owned, operated, licensed or controlled
by State or ODA may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may download the
materials on any single computer for your personal, non-commercial use only,
provided you keep
intact all copyright and other proprietary notices. Modification of the
materials or use of the materials for any other purpose is a violation of
State’s copyright and other proprietary rights. For purposes of this Agreement,
the use of any such material on any other Web site or networked computer
environment is prohibited. All trademarks, service marks, and trade names are
proprietary to State.
In the event you download software from the site, the software, including any
files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are licensed
to you by ODA. ODA does not transfer title to the Software to you. You own the
medium on which the Software is recorded, but ODA retains full and complete
title to the Software, and all intellectual property rights therein. You may
not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-perceivable form.
(B) License and Site Access. ODA grants you a limited license to access and
make personal use of this site and not to modify it, or any portion of it,
except with express written consent of ODA. This license does not include any
resale or commercial use of this site or its contents; any derivative use of
this site or its contents; or any use of data mining, robots, or similar data
gathering and extraction tools. You may not frame or utilize framing techniques
to enclose ODA or any logo or other proprietary information (including images,
text, page layout, or form) of ODA without express written consent. You may not
use any meta tags or any other hidden text utilizing ODA’s name without the
express written consent of ODA. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of ODA so long as the
link does not portray ODA, or its products or services in a false, misleading,
derogatory, or otherwise offensive manner. You may not use ODA or any logo or
other proprietary graphic of ODA as part of the link without express written
permission.
(C) Links to Third Party Sites. Any links or hyperlinks to a third-party site
in no way constitutes an endorsement of, nor promotion of the site, products,
or services contained therein. These hyperlinks are provided only as a
convenience to users for informational purposes. The user acknowledges and
agrees that the use of third party links and related sites is at the user’s own
risk. Any financial information provided in any of the links should not be
relied upon without first consulting your personal financial professional. In
addition, ODA makes no proprietary claim to any third party names, trademarks
or service marks appearing on this web site. Any third party names, trademark,
and service marks are the properties of their respective owners.
(D)
Confidentiality and Minors. If you use this site, you are responsible for
maintaining the confidentiality of your username and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your username or password. If you are under 18,
you may use the web site of ODA only with involvement of a parent or guardian.
ODA reserves the right to refuse service, terminate usernames and passwords,
remove or edit content, or cancel transactions.
IV. JURISDICTIONAL
ISSUES AND GOVERNING LAWS
(A) Jurisdiction. Unless otherwise specified, the materials in the site are
presented solely for the purpose of promoting programs, applications, and other
products available in the United States, its territories, possessions, and
protectorates. This site is controlled and operated by ODA from its offices
within the State of Ohio, United States of America. State and ODA make no
representation that materials in the site are appropriate or available for use
in other locations. Those who choose to access this site from other locations
do so on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable.
(B) Governing Laws. This agreement shall be governed by and construed in
accordance with the laws of State, without giving effect to any principles of
conflicts of law. If any provision of this agreement shall be unlawful, void,
or for any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties relating
to the subject matter herein and shall not be modified except in writing,
signed by both parties.
V. TERMINATION
This agreement is effective until terminated by either party. You may terminate
this agreement at any time by destroying all materials obtained from any and
all ODA site(s) and all related documentation and all copies and installations
thereof, whether made under the terms of this agreement or otherwise. This
agreement will terminate immediately without notice from ODA if in sole
discretion you fail to comply with any term or provision of this agreement.
Upon termination, you must destroy all materials obtained from this site and
any and all other ODA or State site(s) and all copies thereof, whether made
under the terms of this agreement or otherwise.
VI. DISCLAIMER
This site is provided by ODA on an “as is” and “as available” basis. ODA and
State make no representations or warranties of any kind, express or implied, as
to the operation of this site of the information, content, materials, or
products included on this site. You expressly agree that your use of this site
is at your sole risk.
VII. LIMITATION ON LIABILITY
(A) Damages. Under no circumstances, including, but not limited to, negligence,
shall ODA or State be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials in this site,
even if ODA or an ODA authorized representative has been advised of the
possibility of such damages. Applicable law may not allow the limitation or
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you. In no event shall ODA's total
liability to you for all damages, losses, and causes of action, whether in
contract, tort (including, but not limited to, negligence), or otherwise,
exceed the amount paid by you, if any, for accessing this site.
(B) Indemnification. You agree to indemnify, defend and hold harmless State or
ODA, its directors, employees, consultants and agents from any and all
liability, loss, claim or expense (including reasonable attorney’s fees)
related to your violation of this agreement, or your infringement, or
infringement by any other user, or any intellectual property or other right of
any person or entity. These Conditions of Use will inure to the benefit of
ODA’s successors.
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