Malone vs. West Liberty - Prasco Park

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Malone vs. West Liberty

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TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE.

This website is owned and operated by Prasco®, LLC and its subsidiaries and affiliates (collectively "Prasco," "we," or "us"). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use. Use of the site is offered to you conditioned on your acceptance without modification of all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). Your use of the site and services constitutes your agreement to all Terms of Use; if you do not agree to these terms, do not use the site. You agree to familiarize yourself with the Terms of Use and to abide by them if and when you use the site. Prasco is free to revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

THIRD PARTY SITES
This site may provide you with links to other sites on the Internet (“Linked Sites”). The Linked Sites are not under Prasco’s control, and Prasco is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by Prasco or any association with the operators of the Linked Sites.

PROPRIETARY RIGHTS
You acknowledge and agree that the materials contained in this site are protected by copyright, trademark and other proprietary rights and laws. You may download and print or save to your disk or hard drive materials found on this website for your personal use only, provided that all copies you make of this material must include any copyright, trademark or other proprietary notice located on the site which pertains to the copied material. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. You agree not to systematically retrieve data or other content from this site for the purpose of creating a collection, compilation, database, or directory without Prasco’s written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with the these Terms and Conditions of Use. You may not mirror or archive any part of this website or any material contained on this website on any server or computer without Prasco's written permission.

PRODUCTS AND SERVICES

A description to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Prasco of that product, service or publication. Products and services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or service.

NO UNLAWFUL OR PROHIBITED USE
You agree not to use the website for any purpose that is unlawful or prohibited by the Terms and Conditions of Use. You may not use the website in any manner that could damage, disable, overburden, or impair this site or interfere with any other party’s use of this site or services. You may not seek by any means to obtain any materials or information through the site not intentionally made available to you through the site.

USER’S LIMITED ACCESS
The site may contain communication services such as bulletin boards, chat rooms, news groups, communities, personal web pages, group calendars, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum.

You agree that you will not:
- Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
- Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
- Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
- Improperly assume or claim the identity, characteristics, or qualifications of another person.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Use the site for commercial purposes, or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations.
- Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
- Attempt to gain access to any portion of this site, any computer, server, account, network, software, or hardware associated with this site, from which you are restricted.
- Violate any applicable laws or regulations.

Prasco is not obligated to monitor the communications contained on the site. However, Prasco may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof.

NO REPRESENTATIONS OR WARRANTIES
Prasco makes no representations or warranties that this web site if free of defects, viruses or other harmful components. Prasco shall not be responsible for any damages or loss that may result from the hacking or infiltration of this web site or Prasco's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE AND YOU AGREE TO HOLD PRASCO HARMLESS FROM, AND YOU COVENANT NOT TO SUE PRASCO FOR, ANY CLAIMS BASED ON THE USE OF THIS WEB SITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEB SITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS SITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PRASCO DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. PRASCO MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE SITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PRASCO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRASCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; PRASCO’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you are dissatisfied with any portion of the site or the associated services, your sole remedy is to cease using them.

INDEMNITY
You agree to defend, indemnify, and hold harmless Prasco and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of this site, your breach of this agreement, or your infringement of the intellectual property rights of third parties.

TERMINATION
Prasco reserves the right to terminate your access to the site or to any or all of its services at any time without notice for any reason whatsoever.

PRIVACY
Please see our Privacy Policy for information regarding the collection and use of personal information from this web site. Despite any representations concerning privacy, Prasco reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.

COMMUNICATIONS

Prasco is pleased to hear from its customers. Anything you disclose or offer to us by or through this website ("Communications"), including e-mails to Prasco or postings on interactive portions of this website, shall be deemed and shall remain the property of Prasco. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. Prasco is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means, you hereby RELEASE Prasco from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or Prasco, you hereby grant Prasco, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived

GENERAL

This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein. This agreement is governed by, and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Ohio or, if appropriate, the United States District Court for the Southern District of Ohio for the resolution of all disputes arising out of or relating to the use of this site and the associated services. Prasco may assign this agreement, in whole or in part, at any time. This agreement coupled with the Prasco Privacy Policy constitutes the entire agreement between Prasco and the user with respect to this site, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between Prasco and the user with respect to the site.

Prasco’s performance of this Agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of Prasco's right to comply with governmental, court and law enforcement requests relating to your use of the site, or information collected by Prasco in connection with such use.

All rights not expressly granted herein are reserved exclusively and entirely to Prasco. Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Prasco or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Prasco is the owner of all trademarks and service marks on this website, whether registered or not.

CONTACT INFORMATION:

Questions about these Terms of Use should be directed to: legal@prasco.com

Please use this contact information only for legal and privacy policy matters. For all other inquiries, refer to the Contact Us section of our home page.

This document was last revised on 06/08/2010

PRIVACY POLICY
This policy is intended to help you understand how Prasco®, LLC, its subsidiaries and affiliates (“Prasco”, “Prasco Park” "we," or "us") collect, use and safeguard the information you provide on our websites.

What we collect
We aggregate both anonymous and personal data. What we collect depends on what you do when you use our websites and on what personal information you elect to give us.

Anonymous data
We collect anonymous data when you visit our websites, including your internet address, the time of your visit and the pages that you view. We use this information to monitor and improve the performance of our websites so that we can continue to effectively and reliably provide useful services for our visitors and our company.

Personal information
If you wish, you can provide us with personal information about yourself by using the contact forms and email addresses on this site. This information includes your name, business name, mailing address, email address and phone number. We only collect this information directly from you and only when you elect to provide it. Personal information about you is only used to conduct business with you. If you accept the opportunity to be contacted by us, either by personal email, telephone, mail or email newsletter, you can revoke that acceptance at any time by contacting us at the contact points specified below.

Depending upon which of our services you are utilizing, the types of non-public personal information that we may collect include:
•Name, postal address, email address, and telephone number, birth date, shipping address and credit card information;
•Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or by any other means;
•Information about your transactions with us or others;
•Information from your transactions with us; and
•Information we receive from your computer when you visit our website that is unique to e-commerce transactions. It may include the website you visited before ours, your
operating system and statistical information on Web traffic and usage patterns.

All personal information is private and confidential. Any information we gather through our online forms or information that you otherwise provide to us for purposes of conducting business will not be released to third parties without your written consent. We do not sell client information. We do not provide client information to persons or organizations outside Prasco that are doing business on Prasco’s behalf for their own marketing purposes.

Profile
We may store information that we collect through cookies, log files, and/or clear gifs to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to the user's personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user’s visit to our websites, and to direct pertinent information to them. We do not share your profile with other third parties.

What we share
We DO NOT sell, lease or otherwise share any aggregate non-personably identifiable data or personal information about our visitors with or to any third party companies or individuals.

We may disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Prasco or its web sites; (b) protect and defend the rights or property of Prasco; or (c) act to protect the personal safety of the employees of Prasco and other users of the websites.

Use of Personal Data
Personal information provided by users who are 13 or more years of age may be used for marketing and informational purposes only by Prasco and its subsidiaries and affiliates. Prasco does not rent, sell or otherwise distribute to third parties, your personal information entered on this site. While we use all reasonable efforts to safeguard the confidentiality of your information, Prasco will have no liability for disclosure of any information obtained due to errors in transmission or the unauthorized acts of third parties.

Children's Privacy
We believe that protecting the privacy of children is very important. Our websites are not designed to attract individuals under the age of 18. In accordance with the Children's Online Privacy Protection Act (COPPA), we do not collect or store any personal information, even in aggregate, about children under the age of 13. If we discover we have received any information from a child under the age of 13 in violation of this policy, we will delete that information immediately. If you believe that Prasco has any information from or about anyone under the age of 13, please contact us at the contact points specified below.

Linked Sites
Our websites may contain links to various other websites. Prasco assumes no responsibility for the content or practices of websites linked through our websites and such linking should not suggest or imply any affiliation or endorsement by Prasco of the linked website. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by our websites.

Choice/Opt-out
Our users are given the opportunity to ‘opt-out’ of having their information used for marketing and information communications. Users can change or opt-out on how they are contacted at any time by writing to the contact points specified below

Business Transitions
If Prasco goes through a business transition, such as a merger, acquisition, or sales of a portion of its assets, your personal information will, in most instances, be part of the assets transferred. You will be notified via prominent notice on our website for 30 days prior to a change of ownership or control of your personal information. If, as a result of the business transition, your personally identifiable information will be used in a manner different from that stated at the time of collection, you will be given choice consistent with the one outlined in “Revisions to this policy” (below).

Security
We follow industry standards and practices to safeguard all of the information, anonymous and personal, that we collect. If users have any questions about the security at our websites, users can contact us at the contact points specified below.

Revisions to this policy
Prasco reserves the right to periodically revise this policy. Please check this page periodically for changes. The document revision date displayed below will indicate when this policy was last revised. If we decide to change our privacy policy, we will post those changes to this privacy statement, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.

If we are planning to use your personally identifiable information in a manner different from that stated at the time of collection, we will notify you via email. You will have a choice as to whether or not you allow us to continue to use and maintain your information under our new policy. Of course, if you have opted out of all communication with us or deleted/deactivated your account, you will not be contacted and your personal information will not be used or maintained under the new policy.

Contact Information:
Questions about this privacy policy should be directed to : legal@Prasco.com

Please use this contact information only for privacy policy matters. For all other inquiries, refer to the Contact Us section of our home page.

This document was last revised on 06/08/2010.

Photo / Video Policy

Privacy Policy