GDPR Policy



WEBSITE TERMS, PRIVACY STATEMENT, AND SERVICES AGREEMENT
Revised: July 17th 2015
I. WEBSITE TERMS

By visiting our Website, you acknowledge and accept the following terms of use:

This document details the terms of a legal agreement (the "Terms of Use") between you and LightSpeed Gaming LLC (the "Company"). By accessing this website, including pages located at cp.light-speed.com, www.light-speed.com, www.instantventrilo.com, www.teamspeak3.com, www.mumble.com and www.instantteamspeak.com domains (the "Website"), you acknowledge that you have read and understood the Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of the Website, to the use of the Internet, and to the activities involved in using this Website.

If you do not agree with the Terms of Use, then do not use this Website.

Venue and Jurisdiction

This Website is controlled by the Company from its offices within Ohio. The Company complies with all laws of the United States applicable to this Website and to the Internet. Visitors who choose to visit this Website from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.

Claims relating to this Website, to the use of this Website, and to the information, content, material, and Services available through this Website are governed by the laws of Ohio. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction of Ohio for any litigation concerning this Website, your use of this Website and any information received through this Website. You agree not to plead forum non conveniens in any such action. You consent to service of process.

Privacy

To know what privacy measures the Company has taken and what information we retain from your visit to the Company's Website, please read our Website Privacy Policy which is incorporated here by reference.

Services Agreement

See Below.


Change of Terms

The Terms of Use may be changed without notice. Your continued use of this Website after the Terms of Use are changed indicates your acceptance of the new Terms of Use. If you do not agree with the new Terms of Use, then discontinue your use of this Website.

Alteration of Site

The Company may change, suspend or discontinue any feature, aspect, product or Service available through this Website at any time. The Company may alter the availability of any feature of this Website or Service related to any feature of this Website at any time. The Company may add, remove or modify any content of this Website, including that of third parties, at any time.

Limitation on Usage

The Company may limit your access to any part of this Website without notice to you. Company may terminate your use of its Website at any time.

Visitor On-line Conduct

You agree to use this Website only for lawful purposes.

You agree to use this Website only for its intended purposes.

You agree not to disrupt this Website.

You agree not to interfere with or compromise the security of this Website, or any computer, Server, account, network, data, software and/or hardware associated with this Website.

You agree not to disrupt or interfere with any other visitor's use of this Website.

You agree not to attempt to obtain access to any portion of this Website, any computer, Server, account, network, software and/or hardware associated with the Website, from which you are restricted.

You agree that you are solely responsible for any actions you undertake while visiting this Website and that you will comply with all applicable local, state, national and international laws and regulations applicable to this Website and the Internet, including United States copyright and export regulations.

You warrant that all information you provide to gain access to the Services provided by this Website is accurate and truthful. The Company reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate.

Links to and From Other Web Pages

You may gain access to other websites via links on this Website. These Terms of Use apply to the Company's Website and do not apply to other parties' websites. Similarly, you may have come to this Website via a link from another website. The terms of use of other websites do not apply to this Website. Only these Terms of Use apply to this Website. The Company assumes no responsibility for any terms of use or material outside this Website accessed via any link.

Links to third party websites or information are not intended, and should not be interpreted by readers, as constituting or implying the Company's endorsement, sponsorship or recommendation of the third party information, or products or Services found there.

Copyright, Trademark and Intellectual Property

All information, content and material made available by the Company through this Website, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other proprietary rights comprising the Website (collectively, the "Content") is owned by or licensed to the Company. The compilation of the Content on this Website is the exclusive property of the Company and is protected by U.S. and international copyright Law.

The Company and its licensors retain all rights in this Content. The Content and any and all such copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner.

The Company grants you permission to display, copy, distribute, print and/or download the Content on this Website for your personal, non-commercial use only. If you display, copy, distribute, print and/or download the Content on this Website, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Content.

The Content may not be used in connection with any service or information that is not the Company's or in any manner that is likely to cause confusion among consumers or that disparages the Company. The permission granted herein terminates automatically if you breach these terms. Upon termination of the permission, you must immediately destroy any Content you displayed, copied, distributed, printed and/or downloaded.

Light-Speed and www.light-speed.com, www.instantventrilo.com, www.teamspeak3.com, www.mumble.com and www.instantteamspeak.com and their respective logos are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of the Company and may not be used, copied or imitated without the prior written consent of the Company.

Digital Millennium Copyright Act Notice

The Company, pursuant to the Digital Millennium Copyright Act, designates Benjamin Aicholtz to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on the Company's Website or Servers in a way that constitutes infringement, you may notify the Company by providing Benjamin Aicholtz the following information:
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. Identification of the URL or other specific location on the Company's Website where the material that you claim is infringing is located;
  4. Your address, telephone number and e-mail address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Benjamin Aicholtz can be reached via e-mail at ben@light-speed.com and by regular mail at 4435 Aicholtz Rd Suite 400, Cincinnati OH, 45245.

Ownership of Third Party Content

The Company may display Content supplied by visitors and other third parties on its website. The Company maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES ("WE") DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES. WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

We shall not, under any circumstances, be liable for any loss, damage or harm to property or person caused by your or anyone else's reliance on Content available on this Website that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any Content available on this Website.

Disclaimers

THIS WEBSITE IS PROVIDED "AS-IS" AND "AS-AVAILABLE". THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.

YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THIS WEBSITE, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR'S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.

THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY.

Limitation of Liability

NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, THE COMPANY 'S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE.

Indemnity

You agree to indemnify the Company for any damages, losses, costs, or expenses that the Company may incur as a result of your use of this Website or your use of the Content. You also agree to indemnify the Company from any damages, losses, costs or expenses that the Company may incur as a result of your providing inaccurate or untruthful information to gain access to the Services provided through this Website.

Hold Harmless

You agree to hold the Company harmless for any damages, including, without limitation, damage or injury to property or person, losses, costs, or expenses that you may incur as a result of your use of the Content, this Website or information and/or Services available through this Website.

Severability

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.

Integration Clause

You hereby acknowledge that these Terms of Use, all documents referenced herein, as well as any Services Agreement, represent the entire understanding between you and the Company concerning your use of this Website, and the Content, information and Services available on this Website.

Headings of the Terms of Use

The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes.

Questions

If you have any questions about this policy, please contact us by e-mail at support@light-speed.com or by regular mail at: 4435 Aicholtz Rd Suite 400, Cincinnati OH, 45245.

Acceptance

I understand that by using this website, I am subject to the terms and conditions set forth herein and I accept and agree to be bound by all such terms and conditions.

If you do not agree to the terms and conditions herein, YOU MAY NOT use this website.

II. Privacy Statement

LightSpeed Gaming LLC (the "Company") is highly sensitive to the privacy interests of Clients and believes that the protection of those interests is one of its most significant responsibilities. In acknowledgment of its obligations, the Company has adopted the following Privacy Policy applicable to information about consumers that it acquires in the course of its business:

What This Privacy Policy Covers

The privacy and security of your information is important to us. In this privacy policy, the Company will inform you about the type of information that is collected about you on this Website and through the Services, how the information is collected, what the information will be used for and to whom it will be given. This privacy policy will also tell you how to limit our use of your personal information.

Contact our Website

The Company has appointed an officer who is accountable for the Company's compliance with these privacy principles. You may contact the Privacy Officer by e-mail at ben@light-speed.com, by regular mail at: LightSpeed Gaming LLC 4435 Aicholtz Rd STE 400, Cincinnati OH, 45245.

What Kind of Information the Company Collects

We take care to protect any information we receive from you when you use this Website and the Services. In some cases, you may submit personally identifiable information through features on our Website (e.g. Order Form or Live). In addition, non-personally identifiable information may automatically be transmitted to our Servers from your computer while using the Website or our Services. For security purposes, we may record your computer's IP address. We do not acquire any more information about visitors or Clients than is required by law or is otherwise necessary to provide a high level of service efficiency and security. This policy will explain what happens with both types of information.

1. Personally Identifiable Information
The information you voluntarily submit through our Website pages are used by the Company to fulfill our internal purposes in serving you, our customer. Such information is always stored in a secure database.

The Company may use personally identifiable information in the following ways:

  • To fulfill your orders and requests for certain products, information and Services.
  • To contact you by phone or email about our products and Services that we think might be of interest to you.
  • For monitoring, marketing, demographic, and promotional purposes as well as to assist us in customizing the content of our Website.

We will share your personally identifiable information with other companies only when:

  • We have your express permission
  • We are compelled to do so by order of a duly-empowered governmental authority to provide your information.
  • We find that your actions on our Website violate our Terms of Use agreement that you agree to by using our Website.
  • We use another company to assist us in providing you Services.
  • We sell or otherwise transfer such information to a successor of the Company or any subsidiary or division of the Company in connection with an asset sale, merger, consolidation, divestiture, stock sale or other corporate transaction, or by way of assignment (whether by operation of law or otherwise) in connection with any such or similar transaction or in connection with the administration of a bankruptcy estate.

We will never sell or rent your personally identifiable information.

2. Non-Personally Identifiable Information
As is the case with all websites, some information about your Server address, web browser, and computer system are automatically transmitted to our web servers so that we can operate our Website and the Services. We reserve the right to automatically collect and track the home server, IP addresses and domain names, type of computer, type of web browser, information regarding what pages of the Website you choose to access, how you use the Services, and other non-personally identifiable information. Computer information such as IP addresses and web browser information may be used to perform diagnostics and reports without visitor or Client consent.

The Company may use non-personally identifiable information in the following ways:

  • For monitoring, marketing, demographic, and promotional purposes as well as to assist us in customizing the content of our Website.
  • To produce statistical and/or demographic data for use by advertisers, potential advertisers, and other business partners.
Security

The security of all personally identifiable information associated with our users is of great concern to us.
  • We train all of our employees about the importance of privacy. We give access to information about Clients only to those employees who require it to perform their jobs.
  • We make access to privacy-sensitive information subject to rigorous procedural and technological controls, consistent with legal requirements and the demands of Client service.
  • When we make our technology or Services available to business partners, we will not share with them any more Client information than is necessary.
  • We utilize security measures believed to be industry-standard to protect the fulfillment of your requests through our Website. These security measures are intended to protect the loss, misuse, or alteration of information that is in our possession and under our control. However, these security measures may not fully protect information in all cases. Therefore, you should exercise care in using this Website.
Cookies

A "cookie" is a small file sent from a web server to your browser and is stored on your computer's hard drive when you visit certain websites. Cookies help web surfing by saving visitor preferences and other information. The use of cookies is a widespread industry standard and thus many major websites use cookies. Most Web browsers are initially configured to accept and process cookies. You can configure your browser to refuse cookies. We reserve the right to use cookies on the Company Website. If you have any questions concerning our use of cookies, please contact us at support@light-speed.com.

Opting-Out

You may opt-out of having your personal information used beyond what is necessary to provide the Services (including in connection with payment) by contacting us by e-mail, regular mail, or telephone. Please note that in order to fulfill certain obligations, we may need to continue sending you notices or other important information concerning any orders or Services you request.

Requesting to See Your Personal Information

You may request via e-mail, regular mail or telephone that we provide you with the personal information we have concerning you. Once you receive this information, you may request that we modify or remove any of your personal information. We reserve the right to verify your identity before sending you this information.

Links to Other Websites

Our Website may contain links to other websites. We encourage our partners, contributors and other third parties to implement policies and practices that respect your privacy. We are not, however, responsible for other websites' privacy practices or website content. Occasionally, you may receive cookies from third party advertisers, partners and vendors. We do not control these cookies.

THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, IRRESPECTIVE OF THEIR NATURE, INCURRED BY YOU IN CONNECTION WITH THE USE OR NON-USE OF THIRD PARTIES' WEBSITES.

Access to Children

There are no features of this Website or the Services directed to children under the age of 13. Those under 13 may not register with the Company, nor use any of the Services available on the Website.

Changes to This Privacy Policy

We reserve the right to change this policy at any time. We ask that you review this privacy policy from time to time to ensure you are familiar with the most current version of it.

Acceptance of This Privacy Policy

By using this Website and/or the Services, you agree to the terms as well as any posted changes of this Privacy Policy. By using this Website and/or the Services, you hereby consent to the collection and use of this information by the Company. If you do not agree to the terms, DO NOT use our Website or Services.


III. SERVICES AGREEMENT

  1. Definitions

    "LightSpeed Gaming LLC" shall be referred to as "we," "us," "The Company" or similar by syntax. You as the reader of this document shall be referred to as "Clients," "Client" or similar by syntax. We are in the business of providing game servers ("Game Servers") as well as voice servers ("Voice Servers") including, without limitation, TeamSpeak, Ventrilo, Mumble (each a "Server" and collectively, the "Servers") and other internet based services (collectively with the Servers, the "Services"). The date in which the pre-paid subscription period has ended shall be referred to as "Due Date". The timeframe of the contract you select shall be referred to as the "Term."

  2. Obligations of Authorized Users

    Client shall notify its users ("Clan") of Client's obligations under this Agreement and shall cause its Clan to comply with Client's obligations under this Agreement.

  3. Acceptable Use of Game Server FTP Sites

    Any FTP site should only contain files that are directly related to the game that is being hosted. You may not use the Services to transmit any material that (i) is unlawful, threatening, bigoted, hateful, libelous, defamatory, abusive, obscene, offensive, pornographic, profane, or indecent; (ii) is intended to or is likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, sexual preference, or any other classification that could produce any civil or criminal liability for either yourself or for the Company, its affiliates, employees, or agents; (iii) infringes or violates the rights of third parties including, without limitation, trademark, copyright, patent, rights of privacy or publicity or any other proprietary right; (iv) contains any information or other material of a commercial nature or advertising, promotions or solicitations of any kind; or (v) contains false or misleading information.

    You may not upload, post or otherwise distribute through your Server anything protected by copyright, trademark, patent, rights of privacy or publicity or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the web. The unauthorized use, uploading, posting, and/or distribution of content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution. The Company, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

    The Company shall have the right, but not the obligation, to review, delete or edit any material that violates any term of these Terms of Use; or is otherwise illegal, offensive or inappropriate. Depending on the nature of the violation, the Company shall have full discretion to discontinue your access to the Server and the Services and will promptly terminate repeat offenders. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose personal information of anyone who violates the foregoing terms.

  4. Server Settings and Modifications

    Clients agree that any modification of any settings or files by Client is done at Client's own risk. Files or settings may be modified at no additional cost unless they affect performance or bandwidth of the Server hardware. The Client is solely responsible to for such modifications and will be informed if such modifications will subject it to higher fees. The Company is not responsible for changing settings and modifications. The Company is responsible for updating the Server's core when a new release is available.

  5. Cancellation

    To cancel your account, login to your account at any of our Websites: www.light-speed.com www.mumble.com www.teamspeak3.com www.ventrilo3.com.

    Manage your service, then click 'Cancel this subscription' under 'Subscription Information'

    If you cancel your Voice Server account after the first 30 days of your Term, you are not entitled to any money back or refund. No refunds are available at any time for Web Hosting and Domain cancellations.

    Canceling entitles you to Service for the canceled subscription until that subscription's Due Date at the time of cancellation. The Company reserves the right to cancel Service or suspend Service without warning.

  6. Refunds, 30-Day Money Back Guarantee

    For new Clients we offer a 30-Day Money Back Guarantee on their first completed Ventrilo, Mumble or TeamSpeak order. The Client pays for the service at the time of their order, if the Client is not satisfied in any way the Client can recieve their money back by requesting their money back within 30 days. Each Client is limited to one refund under this policy.

    To cancel your account and request money back, login to your account at any of our Websites: www.light-speed.com www.mumble.com www.teamspeak3.com www.ventrilo3.com.

    Manage your service, then click 'Cancel this subscription' under 'Subscription Information'. In order to receive your money back please submit a trouble ticket requesting use of the money back guarantee.

  7. Downtime

    If there is an unplanned downtime of Service, the Company may choose to give time as compensation.

    Downtimes due to maintenance, natural disasters, or issues uncontrollable by our Company are not valid for any refund.

  8. Amendments

    The Client agrees that this Services Agreement can be changed by the Company at any time and the Client is responsible to read any revised Services Agreements, as posted on the Website and provided in connection with new orders, regularly. All new orders (including renewals by existing customers) will be subject to the most up-to-date Services Agreement available on the Website.

  9. Payments / Prices

    Clients agree by setting AUTORENEW or AUTOBILL to YES or TRUE on their subscription, the Company may perform a debit on any of the Client's credit cards or PayPal Accounts on file two days before the Due Date, on the Due Date, and up to 10 days after the Due Date of that specific subscription. You may modify this setting by clicking the 'SET AUTO-RENEW ON'/'SET AUTO-RENEW OFF' button on the specific services page of your account after you login.

    The Company reserves the right to modify, by increasing or decreasing their prices at any time. All new orders will be subject to the most up-to-date pricing available on the Website. Renewals by existing Clients may be subject to price change.

    The Client agrees to be billed for the billing cycle as selected by the Client during the ordering process.


  10. E-Check Policy

    If your original order is paid by PayPal, and it should fail or be cancelled, your Service will be uninstalled and discontinued immediately.

    If you have an existing Service with a completed payment and one of your PayPal E-Check's should 'Fail', any time credited to your account will be removed and you will need to login and complete an instant payment with a credit card or PayPal funds to continue Service. You will need to contact us ASAP if you can not complete an instant payment. (We can not accept E-Checks from you if you have a failed or cancelled an E-Check.)

  11. Server Management

    Clients with TeamSpeak. Ventrilo, or other Server subscriptions agree to manage their own Server(s) and not to hold the Company liable for any wrongful activity related to their Server(s). Our Company is not responsible for the Server or related third party software and cannot be held liable for any Server hardware or software related issue.

    You may request your Server be restored to its original order state by contacting our Support Department.

  12. Service Inactivity

    The Company reserves the right to place any clients inactive service into sleep mode without notice.

  13. Lifetime Services

    Lifetime servers will be maintained for so long as the original purchaser uses the server and the company chooses to provide those services.

  14. Support Request / Abuse

    Our Company reserves the right to limit or stop the support given to a Client who is abusing the support. "Abusing the support" includes, without limitation, impatience, flooding in live chat, bad attitude, refusing to follow the administrator's instruction.

  15. Game Patches / Updates

    The Company will patch Game Servers to the latest released version automatically as soon as the Company knows that a new patch is released and is ready to be applied. The Company does not normally support older or outdated versions of Server software. The Company is in no way responsible for bugs/defects/errors in or for any compatibility issues with settings or modification applied to third party software.

  16. Substitution of Services

    The Company reserves the right to substitute Client Service from one Server to a Server that, in Company's reasonable judgment, is comparable to the original Server. In the event that no replacement Server is available, Company may terminate its Services, providing Client a credit reflecting amounts prepaid for Services which Company did not deliver. No additional remedy is available to a Client in such event.

  17. Limitation of Liability

    THE SERVICES ARE PROVIDED "AS-IS" AND "AS-AVAILABLE". THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THE SERVICES OFFERED BY COMPANY.

    YOU AGREE THAT YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

    WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, AVAILABLE AT ALL TIMES OR THAT A VISITOR'S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

    THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY.

  18. Account Termination

    The Company may terminate any account at any time for any reason within its discretion, without refund.

  19. Venue and Jurisdiction

    This Services Agreement shall be governed by and construed in accordance with the laws of the state of Ohio, U.S.A., and you agree to submit to the personal jurisdiction of the courts of the state of Ohio. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or the use of the Website, must be filed within one year after such claim or cause of action arose.

  20. General Provisions

    This Services Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all prior agreements of the parties (oral or written) regarding such subject matter. Any terms or provisions of this Services Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or invalidate any other term or provision herein and such remaining terms and provisions shall remain in full force and effect. This Services Agreement shall be binding on the parties and their respective successors and permitted assigns. Client may not assign this Services Agreement without the prior written consent of the Company. Company may assign this Agreement (whether by operation of law or otherwise) to a successor of Company or to a purchaser of all or substantially all of the assets of Company without the prior consent of Client so long as such successor or purchaser agrees to be bound by the terms and provisions hereof. All provisions of this Agreement relating to ownership, proprietary rights, limitation of liability, indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by any flood, riot, fire, war, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes.

    To gain access to any of the Services, the Client must agree to be bound by this Services Agreement.