Terms and Conditions
This web site (the "Web Site") is provided by The Powell Company, Ltd. ("Powell"). The Web Site provides information about us and certain topics we feel you may find of interest. While we anticipate you will find this information useful, please note that your actual use of the Web Site and that information is limited in important ways. These limitations appear in this document, our terms and conditions of use (this "Agreement"). Please read them carefully. By accessing and using the Web Site, we will deem you to have accepted the terms of this Agreement without modification. If you do not accept them, we do not grant you permission to use the Web Site.
Your Permission to Use the Web Site
Subject to the terms and conditions of this Agreement, Powell grants you a limited, non-exclusive permission to only (a) manually search and view information available through the Web Site and (b) download and make limited printouts of the information you view, in each case only for your personal non-commercial use.
Your permission is limited in a number of ways. You may not redistribute, retransmit, publish, or republish any material on or downloaded from the Web Site without written permission from us. Your permission to use and access the Web Site will terminate immediately, without any further action by Powell, if you breach any terms or conditions of this Agreement.
Powell is the owner or licensee of all rights in the Web Site, its content, software, and services. You have no right in such content, software or services not expressly granted in this Agreement. "Powell" and the logos or other proprietary marks of Powell, its affiliates and their licensors are trademarks of Powell, its affiliates or their licensors. No right, title or interest in those trademarks is granted you in this Agreement.
What You Agree Not to Do
In exercising the limited rights granted you under this Agreement, you agree not to:
- Use the Web Site to threaten, harass, stalk, abuse or otherwise violate another's legal rights;
- Intercept or attempt to intercept email or other private communications not intended for you;
- Delete or change any material posted or provided on the Web Site;
- Link to or frame all or part of the Web Site without the written permission of Powell;
- Change or delete any proprietary notices from materials downloaded or printed out from the Web Site;
- Distribute, if permitted, any materials downloaded or printed out from the Web Site without attribution to Powell.
- Systemically download or print out materials from the Web Site;
- Systemically upload files or data that contain a virus or corrupted data;
- Transmit or provide any data from the Web Site to a third party;
- Disrupt the availability of the Web Site to others; and
- Use the Web Site in a manner contrary to any law.
The Web Site is Provided AS IS
We make no representations about the accuracy, completeness, suitability or timeliness of the materials and information provided on the Web Site. The Web Site may contain inaccuracies or typographical errors, and business information changes rapidly. Accordingly, you should not rely on this web site as comprehensive or error-free.
THE WEB SITE IS PROVIDED AS IS AND AS AVAILABLE. POWELL ITS AFFILIATES AND THEIR LICENSORS MAKE NO, AND HEREBY DISCLAIM ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. POWELL AND ITS AFFILIATES ALSO DISCLAIM ANY WARRANTY THAT THE WEB SITE WILL BE AVAILABLE AT ALL TIMES OR OPERATE ERROR FREE.
FURTHER, POWELL ITS AFFLIATES AND THEIR LICENSORS MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.
You Are Solely Responsible for Your Use of the Web Site
You agree to be solely responsible for your use of the Web Site, and agree to indemnify, defend, and hold harmless Powell, its directors, officers, employees, agents, affiliates, information providers and licensors from any claim arising out of or related to your use of, or inability to use, the Web Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF POWELL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS, AND LICENSORS SHALL BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER OR CAUSED THROUGH YOUR USE OF, OR YOUR INABILITY TO USE, THE WEBSITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF POWELL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS, AND LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEB SITE.
Powell is not Responsible for any Links to or from Other Sites
The Web Site may include links to web sites or web pages operated by third parties, or other web sites or web pages may link to the Web Site or to specific pages within the web site. Powell does not monitor, filter, edit, or censor the materials or information appearing on these other web sites or web pages. Powell and its affiliates assume no liability or responsibility for these other web sites or web pages or their content. Any link to or from a third-party web site or web page is not an endorsement of that web site or web page by Powell or its affiliates.
This Agreement is Governed by Ohio Law
You agree that this Agreement and any dispute arising out of or related to this Agreement or your use of the Web Site shall be governed by the laws of the Commonwealth of Ohio, United States of America, without regard to any choice-of-law provision that may cause the laws of any other jurisdiction to be applied.
You Agree to Bring any Action Against Us in Lima, Ohio Within One Year
You agree that the state or federal courts located in Lima, Ohio, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to this Agreement or your use of the Web Site. You waive any claim that a court located in Lima, Ohio lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum. You must bring any action you have against Powell within one year after the cause of action arises.
Other Miscellaneous Provisions
The terms of this Agreement are severable to the extent any term is deemed invalid, illegal, or unenforceable. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Powell's failure to enforce any provision of this Agreement shall not be deemed a waiver of that or any other provisions of this Agreement.
This Agreement is effective as of the date you first access any web page on the Web Site. Powell may modify this Agreement at any time. Any modifications to this Agreement will be effective immediately the next time you access the Web Site after any amended agreement is posted, so please review this Agreement each time you access the web site. Your continuing to access Powell's web site constitutes your acceptance of any modification to this Agreement in effect at the time of your access. No modification or attempted modification of this Agreement by you shall be binding on Powell.
The terms of this Agreement constitute the entire and only understanding between you and Powell regarding the Web Site. In the event of any conflict between this Agreement and any policy or statement regarding your use of the Web Site, the terms of this Agreement shall govern.
Notices sent to you by Powell in connection with this Agreement may be delivered to you by electronic mail, a general notice on the Web Site, or by written communication delivered by first class U. S. mail. You may give notice to Powell at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
The Powell Company, Ltd.
3255 Saint Johns Rd
Lima, OH 45804-4022
Those provisions of this Agreement that normally would survive the termination of the Agreement shall survive any termination of the Agreement.