Website Terms of Use

Last modified on:  October 7, 2013

The following terms and conditions of use apply to all visitors to and users of the Ohio Oil and Gas Producers Underground Protection Service (“OGPUPS”) website www.ogpups.org (the “Website”).  By continuing to browse or use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use, as they may be modified by us at any time and posted on this Website (the “Terms of Use”).  If you do not accept these Terms of Use, do not browse or use this Website.  The Terms of Use constitute a legal agreement.

The terms “OGPUPS,” “we,” “us,” and “our” refer to the Ohio Oil and Gas Producers Underground Protection Service.

The terms “you” and “your” refer to the visitor to or user of our Website and, if the visitor or user is accessing or using the Website in his or her capacity as an employee or authorized representative of a company, then the terms “you” and “your” also refer to such company – and such company also agrees to be subject to these Terms of Use.

1.  Acceptance of Modifications to Terms of Use

We reserve the right, at our discretion, to update, revise, add to, remove from, or otherwise modify these Terms of Use.  Any modifications shall be effective immediately upon posting on the Website.  Please check the Terms of Use periodically for modifications.  Your use of this Website following the posting of any modifications to the Terms of Use constitutes your acceptance of those modifications.

2.  Conditions and Restrictions on Use

In your access and use of the Website, you agree to comply with all procedures, rules, and policies established by us and all applicable federal, state, and local laws and regulations.

This Website and all of its materials, including, but not limited to, its software, HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties.  No right, title or interest in our Materials is conveyed to you.

All Materials are provided by us as a general service to visitors to and users of this Website and may be used only for those informational, educational, and referential purposes for which they are provided and then only if you also retain all copyright and other proprietary notices contained on the Materials.  This is a limited license, not a transfer of title, to our Materials, and such license and your use of the Website are subject to the following restrictions: (i) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its Materials without our prior written permission; (ii) you may not access or use the Materials or this Website in any manner that is competitive with us or in any manner that violates any applicable federal, state, or local laws or regulations; and (iii) you may not permit any copying of our Materials.  Any unauthorized copying, alteration, distribution, transmission, performance, display or other use of the Materials or this Website is prohibited.  We may revoke this limited license at any time for any or no reason.  All rights not expressly granted are reserved by us.

You agree not to modify, alter, or deface any of the trademarks, service marks or other intellectual property we make available in connection with this Website, including the Materials.

You further agree not to (i) use any data mining, robots, or similar data gathering or extraction methods in connection with this Website or the Materials; or (ii) attempt to gain unauthorized access to any portion of this Website or the Materials or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining or any other means.

We may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time and without notice.

We may terminate your access to or use of this Website at any time, for any reason or no reason and without prior notice to you.

In the event of a violation of these Terms of Use, we reserve the right to seek all remedies available at law and in equity.

3.  Trademarks

We retain all rights regarding our trademarks, trade names, brand names, logos and trade dress.  These marks, names, logos, trade dress and associated images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties.  No license to the use of such marks, names, logos or trade dress is granted to you under these Terms of Use or by your use of this Website.  Your misuse of the trademarks, trade names, brand names, logos and trade dress displayed on this Website is strictly prohibited.  Notwithstanding the preceding, use of OGPUPS’ logo is permitted by members, subject to usage terms and guidelines as described on Trademark and Logo Use.

4.  Privacy Policy and Your Communications

Personal information collected by us through the Website is subject to the Website’s Privacy Policy.  Otherwise, OGPUPS may use any information contained in any communication you send to the Website for any purpose whatsoever.

5.  Links to Third Party Sites

This Website may include links to other websites, which are not under our control.  We are not responsible for (i) the content or information at any linked websites or any other linked websites contained in such linked websites, (ii) any changes or updates to the content or information contained in linked websites, (iii) the privacy policies of any linked websites, or (iv) the security of any linked websites.  We provide the linked websites to you only as a convenience, and the inclusion of any such links on the Website does not imply our endorsement of the linked websites, the organizations operating such websites, or any products or services of those organizations.  Access to these linked websites is at your own risk.  We have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content or the goods or services available on or through any such websites.

6.  Linking to this Website

You may not frame or mirror any part of this Website.  Any website that links to this Website shall not imply that we endorse such website or any products or services available through such website.

7.  Disclaimers

THIS WEBSITE AND THE INFORMATION, MATERIALS AND ANY CONTENT CONTAINED HEREIN AND ACCESS TO THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITATION OF THE FOREGOING, WE AND OUR AFFILIATES, SUBSIDIARIES, AGENTS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS, AND SHAREHOLDERS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, SUITABILITY, RELIABILITY, COMPLETENESS, TIMELINESS OR USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, MATERIALS AND CONTENT THEREON, AND THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEM; (ii) ANY WARRANTY THAT THIS WEBSITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE; AND (iii) THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFORMATIONAL CONTENT, NON-INTERFERENCE AND NON-INFRINGEMENT.  Some jurisdictions do not allow the disclaimer of implied warranties, and, in such jurisdictions, the foregoing disclaimer may not apply to you.

You acknowledge that the information and Materials at, or available from, the Website may contain inaccuracies or errors.

We do not guarantee the accuracy, completeness, or currency of information at, or available through, this Website about statutes, proposed statutes, regulations, administrative materials, and any other requirements, rules, and laws.  We do not render legal advice, and this Website and such information should not be used as substitutes for competent legal advice from a licensed attorney.

All features, specifications and services described on this Website or in the Materials are subject to change at any time, without notice.  From time to time, there may be information on this Website or in the Materials that contains typographical errors, inaccuracies, or omissions that may relate to descriptions or availability.  We make no representations as to the completeness, accuracy, or currency of any information on, or available through, this Website or in the Materials.  We reserve the right to make changes in information about description or availability without notice.  The inclusion of any services on this Website, or in the Materials, does not imply or warrant that these services will be available at any particular time.

8.  Limitations of Liability

YOUR USE OF THIS WEBSITE, AND/OR THE MATERIALS, IS AT YOUR OWN RISK.  NEITHER WE, NOR ANY OF THE ENTITIES INVOLVED IN CREATING, PRODUCING, PROVIDING OR DELIVERING THIS WEBSITE OR THE MATERIALS, ARE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND, INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS, OR LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, OR LOSS OF DATA, EVEN IF ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (i) THROUGH ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE OR (ii) THROUGH YOUR DOWNLOADING OF, OR USE OF, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEBSITE (OR ANY OTHER LINKED WEBSITE), INCLUDING BUT NOT LIMITED TO ANY HARM CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

9.  International Issues

We make no representations that the Materials contained within or available from this Website are appropriate for locations outside the United States.  If you use this Website from locations outside the United States, you are responsible for compliance with any and all applicable local laws, including but not limited to all export and import regulations and laws.

10.  Governing Law and Venue

These Terms of Use shall be governed by the laws of the State of Ohio, USA, without regard to its conflicts of laws principles.  You agree that any action at law or in equity arising out of or relating to the Website, these Terms of Use or the Materials shall be filed exclusively in the state or federal courts located in and for Franklin County, Ohio, and you hereby consent and submit to the personal jurisdiction of such courts.  We administer the Website from facilities within the United States.

If any term or provision of these Terms of Use is invalid or unenforceable, the remainder of these Terms of Use shall be unaffected and remain in full force and effect.

11.  Changes to Website

OGPUPS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, services and features available on the Website (or any part thereof) with or without notice.  You agree that OGPUPS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or services and features of the Website (or any part thereof).