HER Cincinnati Terms of Use

HER CINCINNATI Terms of Use 

Last update: August 2, 2024 

These Term of Use (“Site Terms”) state the terms and conditions under which you may use our website and mobile application (the “Sites”).  The Sites contains various information relating to HER CINCINNATI (“HER”, “We”, or “Us”).  By accessing, browsing, and/or using the Sites you acknowledge that you have read, understood, and agree to be legally bound by the Site Terms and our Privacy Policy, which is deemed a part of and included within these Site Terms.  Please read the Site Terms carefully before using the Site.  If you do not accept all provisions of the Site Terms, do not use the Sites.  From time to time, HER may change these terms by posting the amended terms on the Sites and changing the “Last updated” line above.  You are responsible for regularly reviewing these Site Terms.  Your continued use of the Sites following the posting of changes to the Site Terms indicates your acceptance of these revisions. 

Privacy 

Please review our Privacy Policy so that you may understand our privacy practices. 

Intellectual Property 

All information and content available on the Sites and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Site Content”) is the property of HER, its affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks. 

Limited License 

Subject to the terms, conditions and restrictions set forth in these Site Terms, we grant you a limited, non-exclusive, non-sublicensable and revocable license to access and use the Sites and to view, copy and print portions of the Site Content for you own personal use (the “License”). The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site Content; (iii) you may not use any data mining, robots or similar data gathering or extraction methods or take any action that may impose an unreasonable burden or load on our infrastructure; (iv) you may not use the Sites or the Site Content other than for its intended purpose; and (v) you may not reproduce, modify, prepare derivative works from, distribute or display the Sites or any Site Content (other than for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Sites or Site Content without the prior written permission of HER is strictly prohibited and will terminate the License without prejudice to any other remedy provided by applicable law or these Site Terms. 

Your unauthorized use of the Sites or Site Content may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly stated in these Site Terms, you are not conveyed or granted, and nothing on the Sites may be construed as conveying or granting any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary right of HER or any third party. You expressly agree to indemnify, defend and hold harmless HER against any liability to any person arising out of your use of the Sites or Site Content or breach of the Site Terms. 

Code of Conduct 

By accessing or using the Sites you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to: 

• Use the Sites in breach of these Terms;
• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Sites;
• Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity;
• Impersonate another person or entity;
• Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the website;
• Gain unauthorized access to any computer system or nonpublic portion of the Sites or interfere with or disrupt the Sites, servers, or networks connected to the Sites;
• Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.

User Content 

When you provide, transmit, upload, post, e-mail or otherwise make available text, graphics, images, audio, video, or other materials (“User Content”) on the Sites, you are entirely responsible for such User Content. You expressly agree not to provide, post, upload, distribute, store, create, submit or transmit to, through, or otherwise publish through the Sites any User Content that: (a) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, a violation of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; (b) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, foreign, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any applicable rules of a securities exchange such as the New York Stock Exchange or NASDAQ; (c) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (d) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) is unsolicited promotions, political campaigning, advertising or solicitations, or any form of “spam”; (f) is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers and the like; (g) is or contains viruses, corrupted data or other harmful, disruptive or destructive files; (h) is unrelated to the topic of the Sites; or (i) is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose HER or its affiliates or its users to any harm or liability of any type. 

HER takes no responsibility and will not be liable for User Content and any other content provided by third parties, or for any loss or damage thereto. HER is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter at the Sites. HER is not liable for any statements, representations or User Content and does not guarantee the accuracy, integrity or quality of User Content. HER reserves the right to remove, without notice, any User Content posted or stored on the Sites if it violates these Site Terms or is otherwise unlawful or illegal. 

Any violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Sites. 

Rights to User Content 

By providing, posting or distributing User Content, unless we indicate otherwise, you (a) grant HER and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised; (b) grant HER and its affiliates and sublicensees the right to use the name that you submit in connection with your User Content, if they choose to do so; and (c) represent and warrant that (i) you own and control all of the rights to your User Content, or you otherwise have the lawful right to post, upload, distribute, store, create, submit or transmit to, through, or otherwise publish User Content on the Sites; (ii) your User Content is accurate and not misleading; and (iii) posting, uploading, distributing, storing, creating, submitting or transmitting your User Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant HER the right to pursue at law or in equity any person or entity that violates your or HER’s rights in User Content by a breach of these Site Terms. 

Your User Content and all content submitted by users will be considered and treated as non-confidential and non-proprietary and HER is under no obligation to treat your User Content and any other user content as proprietary information. HER reserves the right to use User Content as it deems appropriate in its sole and absolute discretion, including for developing, manufacturing and marketing our products and services. HER is under no obligation to offer you any payment for your User Content that you submit or the opportunity to edit, delete or otherwise modify your User Content once it has been submitted to us. HER will have no duty to attribute authorship of your User Content to you. If it is determined by a court of competent jurisdiction that you retain moral rights (including rights of attribution or integrity) in your User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with your User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your User Content by HER or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your User Content; and (d) you forever release HER, and its licensees, successors and assigns, from any claims that you could otherwise assert against HER by virtue of any such moral rights. 

 

Third-Party Links 

The Sites contains links to other sites on the Internet that are owned and operated by third parties (the "External Sites"). HER has no control over these External Sites, all of which have separate privacy policies, data collection practices and terms and conditions independent of HER. HER has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices, the terms and conditions or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. You should direct any concerns regarding the External Site to the External Site’s administrator or webmaster.  Links do not imply that HER sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. 

Contents of the Site – Disclaimer 

The materials the Sites (including any graphics, software, recommendations or other materials) and any materials made available through the Sites are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, HER disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. HER does not warrant or make any representations regarding the use or the results of the use of the materials in the Sites in terms of its correctness, accuracy, reliability, or otherwise. The materials in the Sites could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of development occurring after their respective dates. HER undertakes no obligation to verify or maintain the accuracy of such information. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. 

Operation of the Site – Disclaimer 

HER endeavors to maintain the Sites and their operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Sites or its operation. As to the operation of the Sites, HER expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. HER makes no warranty that (i) the operation of the Sites will meet the user’s requirements; (ii) access to the Sites will be uninterrupted, timely, secure, free of viruses, worms, Trojan Horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Sites will be accurate or reliable; or (iv) defects will be corrected. You (and not HER) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting the Sites. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. 

Limitation of Liability 

IN NO EVENT SHALL HER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 

If the foregoing limitation of liability is held to be unenforceable, the Providers’ maximum liability to you shall not exceed the amount paid by you for the products or services you have ordered through the Sites. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusion may not apply to you to the extent such jurisdiction’s law is applicable to these Site Terms. If the law applies to you and your use of the Sites does not permit the waiver by you of any rights or remedies, these Site Terms do not require you to waive any of such rights 

Disputes 

With respect to any dispute regarding the Sites, all rights and obligations and all actions contemplated by these Site Terms shall be governed by the laws of the United States and by the laws of Ohio.  You agree that all claims you may have against HER arising from or relating to the Sites will be heard and resolved in a court of competent subject matter jurisdiction located in Hamilton County, Ohio. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.  Any cause of action you may have with respect to the Site Content, Sites, or the Site Terms must be commenced within one (1) year after the claim or cause of action arose, or is barred. 

No Waiver 

No failure on the part of HER to enforce any part of the Site Terms shall constitute a waiver of any of HER’s rights under the Site Terms whether for part or future actions on the part of any person. Neither the receipt of any funds by HER nor the reliance of any person on HER’s actions shall be deemed to constitute a waiver of any part of the Site Terms. Only a specific, written waiver signed by an authorized representative of HER shall have any legal effect whatsoever. 

Paragraph Headings 

The paragraph headings in these Site Terms are only for convenience and have no legal effect. 

Severability 

If any section or sections of these Site Terms are held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, such holding shall not in any way affect the enforceability of the remaining sections. 

Contact Us 

By Mail:  
HER Cincinnati 
2401 Reading Rd. 
Cincinnati, OH 45202 

By E-mail: 
Info@hercincinnati.org