Terms of Use
TERMS OF USE
Last updated July 06, 2021
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AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Cincideutsch Inc., doing business as Cincideutsch ("Cincideutsch", “we”, “us”, or “our”), concerning your access to and use of the http://www.cincideutsch.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
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INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietaryproperty and all source code, databases, functionality, software, websitedesigns, audio, video, text, photographs, and graphics on the Site(collectively, the “Content”) and the trademarks, service marks, and logoscontained therein (the “Marks”) are owned or controlled by us or licensed tous, and are protected by copyright and trademark laws and various otherintellectual property rights and unfair competition laws ofthe United States, international copyright laws, and international conventions. TheContent and the Marks are provided on theSite “AS IS” for your information andpersonal use only. Except as expressly provided in these Termsof Use, no part ofthe Site and no Content or Marks may be copied, reproduced,aggregated,republished, uploaded, posted, publicly displayed, encoded,translated,transmitted, distributed, sold, licensed, or otherwise exploitedfor any commercialpurpose whatsoever, without our express prior writtenpermission.
Provided that you are eligible to use the Site, you aregranted a limited license toaccess and use the Site and to download or print acopy of any portion of theContent to which you have properly gained accesssolely for your personal, non-commercial use. We reserve all rights notexpressly granted to you in and to theSite, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration informationyou submit will be true, accurate, current, and complete; (2) you will maintain theaccuracy of such information and promptly update such registration information asnecessary; (3) you have the legal capacity and you agree to comply with theseTerms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if aminor, you have received parental permission to use the Site; (5) you will notaccess the Site through automated or non-human means, whether through a bot,script, or otherwise; (6) you will not use the Site for any illegal or unauthorizedpurpose; and (7) your use of the Site will not violate any applicable law orregulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your passwordconfidential and will be responsible for all use of your account and password. Wereserve the right to remove, reclaim, or change a username you select if wedetermine, in our sole discretion, that such username is inappropriate, obscene, orotherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which wemake the Site available. The Site may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved byus.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create orcompile, directly or indirectly, a collection, compilation, database, or directorywithout written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt tolearn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features ofthe Site, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Site and/or the Contentcontained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, orharm another person.
6. Make improper use of our support services or submit false reports of abuseor misconduct.
7. Use the Site in a manner inconsistent with any applicable laws orregulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Engage in unauthorized framing of or linking to the Site.
10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojanhorses, or other material, including excessive use of capital letters andspamming (continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenanceof the Site.
11. Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
12. Delete the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person or use the username ofanother user.
14. Sell or otherwise transfer your profile.
15. Upload or transmit (or attempt to upload or to transmit) any material thatacts as a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”).
16. Interfere with, disrupt, or create an undue burden on the Site or thenetworks or services connected to the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agentsengaged in providing any portion of the Site to you.
18. Attempt to bypass any measures of the Site designed to prevent or restrictaccess to the Site, or any portion of the Site.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.
20. Decipher, decompile, disassemble, or reverse engineer any of the softwarecomprising or in any way making up a part of the Site.
21. Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or othersoftware.
22. Use a buying agent or purchasing agent to make purchases on the Site.
23. Make any unauthorized use of the Site, including collecting usernamesand/or email addresses of users by electronic or other means for the purposeof sending unsolicited email, or creating user accounts by automated means orunder false pretenses.
24. Use the Site as part of any effort to compete with us or otherwise use theSite and/or the Content for any revenue-generating endeavor or commercialenterprise.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post content. We may provide you withthe opportunity to create, submit, post, display, transmit, perform, publish,distribute, or broadcast content and materials to us or on the Site, including but notlimited to text, writings, video, audio, photographs, graphics, comments,suggestions, or personal information or other material (collectively,"Contributions"). Contributions may be viewable by other users of the Site andthrough third-party websites. As such, any Contributions you transmit may betreated in accordance with the Site Privacy Policy. When you create or makeavailable any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, andthe accessing, downloading, or copying of your Contributions do not and willnot infringe the proprietary rights, including but not limited to the copyright,patent, trademark, trade secret, or moral rights of any third party.2. You are the creator and owner of or have the necessary licenses, rights,consents, releases, and permissions to use and to authorize us, the Site, andother users of the Site to use your Contributions in any manner contemplatedby the Site and these Terms of Use.3. You have the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name or likenessof each and every such identifiable individual person to enable inclusion anduse of your Contributions in any manner contemplated by the Site and theseTerms of Use.4. Your Contributions are not false, inaccurate, or misleading.5. Your Contributions are not unsolicited or unauthorized advertising,promotional materials, pyramid schemes, chain letters, spam, mass mailings,or other forms of solicitation.6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,harassing, libelous, slanderous, or otherwise objectionable (as determined byus).7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.8. Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specificperson or class of people.9. Your Contributions do not violate any applicable law, regulation, or rule.10. Your Contributions do not violate the privacy or publicity rights of any thirdparty.11. Your Contributions do not contain any material that solicits personalinformation from anyone under the age of 18 or exploits people under the ageof 18 in a sexual or violent manner.12. Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors.13. Your Contributions do not include any offensive comments that areconnected to race, national origin, gender, sexual preference, or physicalhandicap.14. Your Contributions do not otherwise violate, or link to material that violates,any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use andmay result in, among other things, termination or suspension of your rights to usethe Site.
CONTRIBUTION LICENSE
You and the Site agree that we may access, store, process, and use anyinformation and personal data that you provide following the terms of the PrivacyPolicy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that wecan use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownershipof all of your Contributions and any intellectual property rights or other proprietaryrights associated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site. Youare solely responsible for your Contributions to the Site and you expressly agreeto exonerate us from any and all responsibility and to refrain from any legal actionagainst us regarding your Contributions.
MOBILE APPLICATION LICENSE
UseLicense
If you access theSite via a mobile application, then we grant you a revocable,non-exclusive,non-transferable, limited right to install and use the mobileapplication onwireless electronic devices owned or controlled by you, and toaccess and usethe mobile application on such devices strictly in accordance withthe termsand conditions of this mobile application license contained in theseTerms of Use.You shall not: (1) decompile, reverse engineer, disassemble,attempt to derivethe source code of, or decrypt the application; (2) make anymodification,adaptation, improvement, enhancement, translation, or derivativework from theapplication; (3) violate any applicable laws, rules, or regulations inconnection with your access or use of the application; (4) remove, alter, orobscureany proprietary notice (including any notice of copyright or trademark)posted byus or the licensors of the application; (5) use the application forany revenuegenerating endeavor, commercial enterprise, or other purpose forwhich it is notdesigned or intended; (6) make the application available over anetwork or otherenvironment permitting access or use by multiple devices orusers at the sametime; (7) use the application for creating a product,service, or software that is,directly or indirectly, competitive with or inany way a substitute for the application;(8) use the application to sendautomated queries to any website or to send anyunsolicited commercial e-mail;or (9) use any proprietary information or any of our interfaces or our otherintellectual property in the design, development,manufacture, licensing, ordistribution of any applications, accessories, or devicesfor use with theapplication.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from eitherthe Apple Store or Google Play (each an “App Distributor”) to access the Site: (1)the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOSor Android operating systems, as applicable, and in accordance with the usagerules set forth in the applicable App Distributor’s terms of service; (2) we areresponsible for providing any maintenance and support services with respect tothe mobile application as specified in the terms and conditions of this mobileapplication license contained in these Terms of Use or as otherwise requiredunder applicable law, and you acknowledge that each App Distributor has noobligation whatsoever to furnish any maintenance and support services withrespect to the mobile application; (3) in the event of any failure of the mobileapplication to conform to any applicable warranty, you may notify the applicableApp Distributor, and the App Distributor, in accordance with its terms and policies,may refund the purchase price, if any, paid for the mobile application, and to themaximum extent permitted by applicable law, the App Distributor will have no otherwarranty obligation whatsoever with respect to the mobile application; (4) yourepresent and warrant that (i) you are not located in a country that is subject to aU.S. government embargo, or that has been designated by the U.S. governmentas a “terrorist supporting” country and (ii) you are not listed on any U.S.government list of prohibited or restricted parties; (5) you must comply withapplicable third-party terms of agreement when using the mobile application, e.g.,if you have a VoIP application, then you must not be in violation of their wirelessdata service agreement when using the mobile application; and (6) youacknowledge and agree that the App Distributors are third-party beneficiaries ofthe terms and conditions in this mobile application license contained in theseTerms of Use, and that each App Distributor will have the right (and will bedeemed to have accepted the right) to enforce the terms and conditions in thismobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with onlineaccounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login informationthrough the Site; or (2) allowing us to access your Third-Party Account, as ispermitted under the applicable terms and conditions that govern your use of eachThird-Party Account. You represent and warrant that you are entitled to discloseyour Third-Party Account login information to us and/or grant us access to yourThird-Party Account, without breach by you of any of the terms and conditions thatgovern your use of the applicable Third-Party Account, and without obligating us topay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to anyThird-Party Accounts, you understand that (1) we may access, make available,and store (if applicable) any content that you have provided to and stored in yourThird-Party Account (the “Social Network Content”) so that it is available on andthrough the Site via your account, including without limitation any friend lists and(2) we may submit to and receive from your Third-Party Account additionalinformation to the extent you are notified when you link your account with theThird-Party Account. Depending on the Third-Party Accounts you choose andsubject to the privacy settings that you have set in such Third-Party Accounts,personally identifiable information that you post to your Third-Party Accounts maybe available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to suchThird Party Account is terminated by the third-party service provider, then SocialNetwork Content may no longer be available on and through the Site. You willhave the ability to disable the connection between your account on the Site andyour Third-Party Accounts at any time. PLEASE NOTE THAT YOURRELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERSASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELYBY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.We make no effort to review any Social Network Content for any purpose,including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree thatwe may access your email address book associated with a Third-Party Accountand your contacts list stored on your mobile device or tablet computer solely forpurposes of identifying and informing you of those contacts who have alsoregistered to use the Site. You can deactivate the connection between the Site andyour Third-Party Account by contacting us using the contact information below orthrough your account settings (if applicable). We will attempt to delete anyinformation stored on our servers that was obtained through such Third-PartyAccount, except the username and profile picture that become associated withyour account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Site ("Submissions") provided by youto us are non-confidential and shall become our sole property. We shall ownexclusive rights, including all intellectual property rights, and shall be entitled to theunrestricted use and dissemination of these Submissions for any lawful purpose,commercial or otherwise, without acknowledgment or compensation to you. Youhereby waive all moral rights to any such Submissions, and you hereby warrantthat any such Submissions are original with you or that you have the right tosubmit such Submissions. You agree there shall be no recourse against us for anyalleged or actual infringement or misappropriation of any proprietary right in yourSubmissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites("Third-Party Websites") as well as articles, photographs, text, graphics, pictures,designs, music, sound, video, information, applications, software, and othercontent or items belonging to or originating from third parties ("Third-PartyContent"). Such Third-Party Websites and Third-Party Content are notinvestigated, monitored, or checked for accuracy, appropriateness, orcompleteness by us, and we are not responsible for any Third-Party Websitesaccessed through the Site or any Third-Party Content posted on, availablethrough, or installed from the Site, including the content, accuracy, offensiveness,opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting theuse or installation of any Third-Party Websites or any Third-Party Content does notimply approval or endorsement thereof by us. If you decide to leave the Site andaccess the Third-Party Websites or to use or install any Third-Party Content, youdo so at your own risk, and you should be aware these Terms of Use no longergovern. You should review the applicable terms and policies, including privacy anddata gathering practices, of any website to which you navigate from the Site orrelating to any applications you use or install from the Site. Any purchases youmake through Third-Party Websites will be through other websites and from othercompanies, and we take no responsibility whatsoever in relation to suchpurchases which are exclusively between you and the applicable third party. Youagree and acknowledge that we do not endorse the products or services offeredon Third-Party Websites and you shall hold us harmless from any harm caused byyour purchase of such products or services. Additionally, you shall hold usharmless from any losses sustained by you or harm caused to you relating to orresulting in any way from any Third-Party Content or any contact with Third-PartyWebsites.
SITE MANAGEMENT
We reserve theright, but not the obligation, to: (1) monitor the Site for violations ofthese Terms of Use; (2) take appropriate legal action against anyone who, inoursole discretion, violates the law or these Terms of Use, including withoutlimitation,reporting such user to law enforcement authorities; (3) in our solediscretion andwithout limitation, refuse, restrict access to, limit theavailability of, or disable (tothe extent technologically feasible) any ofyour Contributions or any portionthereof; (4) in our sole discretion andwithout limitation, notice, or liability, toremove from the Site or otherwisedisable all files and content that are excessivein size or are in any wayburdensome to our systems; and (5) otherwise managethe Site in a mannerdesigned to protect our rights and property and to facilitatethe properfunctioning of the Site.
PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be boundby our Privacy Policy posted on the Site, which is incorporated into these Terms ofUse. Please be advised the Site is hosted in the United States. If you access theSite from any other region of the world with laws or other requirements governingpersonal data collection, use, or disclosure that differ from applicable laws in theUnited States, then through your continued use of the Site, you are transferringyour data to the United States, and you agree to have your data transferred to andprocessed in the United States.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUTNOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FORANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FORBREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANTCONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW ORREGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THESITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATIONTHAT YOU POSTED AT ANY TIME,WITHOUT WARNING, IN OUR SOLEDISCRETION.
If we terminateor suspend your account for any reason, you are prohibited fromregistering andcreating a new account under your name, a fake or borrowedname, or the name ofany third party, even if you may be acting on behalf of thethird party. Inaddition to terminating or suspending your account, we reserve theright totake appropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Site. We also reserve the right tomodify or discontinue all or part of the Site without notice at any time. We will notbe liable to you or any third party for any modification, price change, suspension,or discontinuance of the Site.
We cannot guaranteethe Site will be available at all times. We may experiencehardware, software,or other problems or need to perform maintenance related tothe Site, resultingin interruptions, delays, or errors. Wereserve the right tochange, revise, update, suspend, discontinue, or otherwisemodify the Site at anytime or for any reason without notice to you. You agree that we have no liabilitywhatsoever for any loss, damage, or inconvenience caused by your inability toaccess or use the Site during any downtime or discontinuance of the Site. Nothingin these Terms of Use will beconstrued to obligate us to maintain and support theSite or to supply anycorrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed inaccordance with the laws of the State of Ohio applicable to agreements made andto be entirely performed within the State of Ohio, without regard to its conflict oflaw principles.
DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the“Parties” and individually, a “Party”) shall be commenced or prosecuted in the stateand federal courts located in Hamilton County, Ohio, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum nonconveniens with respect to venue and jurisdiction in such state and federal courts.Application of the United Nations Convention on Contracts for the InternationalSale of Goods and the Uniform Computer Information Transaction Act (UCITA) areexcluded from these Terms of Use.
CORRECTIONS
There may beinformation on the Site that contains typographical errors,inaccuracies, oromissions, including descriptions, pricing, availability, and variousotherinformation. We reserve the right tocorrect any errors, inaccuracies, oromissions and to change or update theinformation on the Site at any time, withoutprior notice.
DISCLAIMER
THE SITE IS PROVIDEDON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE ATYOUR SOLE RISK. TO THEFULLEST EXTENT PERMITTED BY LAW, WEDISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITHTHE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUTLIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULARPURPOSE, AND NON-INFRINGEMENT. WE MAKE NOWARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY ORCOMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANYWEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY ORRESPONSIBILITYFOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OFCONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTYDAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROMYOURACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TOOR USE OFOUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4)ANY INTERRUPTION OR CESSATION OF TRANSMISSIONTO OR FROM THESITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICHMAYBE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,AND/OR (6) ANYERRORS OR OMISSIONS IN ANY CONTENT ANDMATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS ARESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,ENDORSE, GUARANTEE,OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY ATHIRD PARTYTHROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE ORMOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOUANDANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITHTHEPURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM ORIN ANY ENVIRONMENT, YOUSHOULD USE YOUR BEST JUDGMENT ANDEXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THEAMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIODPRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS ANDINTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAYHAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree todefend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, andemployees, fromand against any loss, damage, liability, claim, or demand, includingreasonableattorneys’ fees and expenses, made by any third party due to orarising out of: (1)use of the Site; (2) breach of these Terms of Use; (3) any breach of yourrepresentations and warranties set forth in these Terms of Use; (4) your violationof the rights of a third party, including but not limited to intellectual property rights;or (5) any overt harmful act toward any other user of the Site with whom youconnected via the Site. Notwithstanding the foregoing, we reserve the right, atyour expense, to assume the exclusive defense and control of any matter forwhich you are required to indemnify us, and you agree to cooperate, at yourexpense, with our defense of such claims. We will use reasonable efforts to notifyyou of any such claim, action, or proceeding which is subject to thisindemnification upon becoming aware of it.
USER DATA
We will maintaincertain data that you transmit to the Site for the purpose ofmanaging theperformance of the Site, as well as data relating to your use of theSite. Although we perform regular routine backupsof data, you are solelyresponsible for all data that you transmit or thatrelates to any activity you haveundertaken using the Site. You agreethat we shall have no liability to you for anyloss or corruption of any suchdata, and you hereby waive any right of actionagainst us arising from any suchloss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications,and you agree that all agreements, notices, disclosures, and othercommunications we provide to you electronically, via email and on the Site, satisfyany legal requirement that such communication be in writing. YOU HEREBYAGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED ORCOMPLETED BY US OR VIA THE SITE. You hereby waive any rights orrequirements under any statutes, regulations, rules, ordinances, or other laws inany jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means otherthan electronic means.
CALIFORNIA USERSAND RESIDENTS
If any complaintwith us is not satisfactorily resolved, you can contact theComplaintAssistance Unit of the Division of Consumer Services of the CaliforniaDepartment of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Siteor in respect to the Site constitute the entire agreement and understandingbetween you and us. Our failure to exercise or enforce any right or provision ofthese Terms of Use shall not operate as a waiver of such right or provision. TheseTerms of Use operate to the fullest extent permissible by law. We may assign anyor all of our rights and obligations to others at any time. We shall not beresponsible or liable for any loss, damage, delay, or failure to act caused by anycause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, thatprovision or part of the provision is deemed severable from these Terms of Useand does not affect the validity and enforceability of any remaining provisions.There is no joint venture, partnership, employment or agency relationship createdbetween you and us as a result of these Terms of Use or use of the Site. Youagree that these Terms of Use will not be construed against us by virtue of havingdrafted them. You hereby waive any and all defenses you may have based on theelectronic form of these Terms of Use and the lack of signing by the parties heretoto execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Cincideutsch Inc.
PO Box 19313
Cincinnati, OH 45219
United States