Please review our Privacy Notice, which this Agreement is incorporated as part of, and governs your visit to the Site, to understand our privacy practices.
When you visit the Site or send e-mails to us, you are communicating with us electronically. By doing so, 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 all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content on this Site is the property of FreshWater Media or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of FreshWater Media and protected by U.S. and international copyright laws. All software used on this site is the property of FreshWater Media or its software suppliers and protected by United States and international copyright laws.
If you believe that your work has been copied and posted on our site in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:
FreshWater Media Copyright Agent
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of FreshWater Media or others.
www.freshwatercleveland.com and other www.freshwatercleveland.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of FreshWater Media in the U.S. FreshWater Media's trademark and trade dress may not be used in connection with any product or service that is not FreshWater Media's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits FreshWater Media. All other trademarks not owned by FreshWater Media that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FreshWater Media.
LICENSE AND SITE ACCESS
FreshWater Media grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of FreshWater Media. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of FreshWater Media. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FreshWater Media without our express written consent. You may not use any meta tags or any other "hidden text" utilizing FreshWater Media's name or trademarks without the express written consent of FreshWater Media. Any unauthorized use terminates the permission or license granted by FreshWater Media. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.freshwatercleveland.com so long as the link does not portray FreshWater Media, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FreshWater Media logo or other proprietary graphic or trademark as part of the link without express written permission.
Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.
FreshWater Media shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that are or may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by FreshWater Media, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, FreshWater Media shall have the right, but not the obligation, to remove any material that FreshWater Media, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, including without limitation, comments that contain the following:
Hate speech - language that degrades others on the basis of gender, race, national origin, religion, sexual orientation or disability;
Personal attacks - language that is threatening, intimidating, defamatory, libelous or encourages others to cause injury or property damage to any person;
Invasion of privacy - phone numbers, email addresses, physical addresses or other personal information;
Off topic - opinions and arguments unrelated to the article to which the comments are attached or to the comments of other readers;
Advertising - solicitations of any kind, all spam including comments or links that are repeatedly posted;
Copyright/Plagiarism - comments that appear to violate copyright laws.
PRODUCT & SERVICE DESCRIPTIONS
FreshWater Media attempts to be as accurate as possible. However, FreshWater Media does not warrant that content of this site is accurate, complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FRESHWATER MEDIA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FRESHWATER MEDIA AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, VENDORS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. FRESHWATER MEDIA DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, AVAILABLE AT ALL TIMES, OR AVAILABLE WITHOUT INTERRUPTION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FRESHWATER MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FRESHWATER MEDIA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; FRESHWATER MEDIA'S SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM FRESHWATER MEDIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FRESHWATER MEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
INDEMNIFICATION & RELEASE
You agree to defend, indemnify, and hold harmless FreshWater Media, its affiliates, directors, officers, employees, and agents from and against all claims, damages, and expenses, including reasonable attorney's fees, arising out of or related to any products or services you purchase in connection with the Site, your use of the Site, or your violation of any third-party right. You are solely responsible for interactions with other users of the Site. To the extent permitted by applicable law, you hereby release FreshWater Media from any and all claims or liability related to any product or service of FreshWater Media and any conduct, action, or inaction by FreshWater Media or another user of the Site. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." The indemnity and release provisions of this section shall survive the termination of this Agreement.
APPLICABLE LAW & DISPUTES
Any dispute relating in any way to your visit to www.freshwatercleveland.com or to products or services sold or distributed by FreshWater Media or through www.freshwatercleveland.com shall be adjudicated in any state or federal court in Ohio, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
The Agreement (including any terms incorporated by reference herein), constitutes the entire agreement between FreshWater Media and you with respect to your access, use, and receipt of services from the Site and supersedes all prior agreements, negotiations and discussions between you and us relating to the same. There are no third-party beneficiaries of the Agreement. We exclude any representations and warranties previously given or made in relation to the same.
FreshWater Media may terminate this Agreement at any time. Without limiting the foregoing, FreshWater Media shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which FreshWater Media, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions above relating to Intellectual Property, Disclaimer of Warranties & Limitation of Liability, Indemnification & Release, and Applicable Law & Disputes will survive termination of this Agreement.
FreshWater Media, LLC