This Site is owned by RCL Benziger (“RCLB” or “We”). We provide this Site and related services to you subject to your acceptance of and compliance with these Terms. Please read the following carefully before you use this Site. If you decide to use this Site, you must agree to these Terms. If you do not want to honor these Terms, do not use this Site. No access to any password-protected portion of the Site will be granted without your affirmative acceptance of these Terms.
We may make changes to these Terms from time to time as our Site develops, so please check back frequently. Your continued use of the Site and associated services following any posted changes to the Terms constitutes your consent to them.
We grant you a limited, nonexclusive, revocable license to make personal and noncommercial use of the Site. By downloading content on the Site, you agree that the materials you download will be used only by you. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. and international copyright laws and conventions. Additionally, all materials published on the Site are protected by copyright and owned or controlled by RCLB, or the party credited as the provider of the content, software, or other materials. By using this Site, you agree to confine your use of the Site and its content to personal and not commercial purposes, to abide by all additional copyright notices, information or restrictions contained in any particular content accessed through this Site, and not to modify, adapt, distribute, or resell any materials available to you through the Site. You further agree not to bypass any technical measures used to prevent or restrict access to the Site; not to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; not to violate or attempt to violate the security of the Site; and not to interfere with or attempt to interfere with the proper working of the Site.
The trademarks, trade dress, logos, and service marks displayed on the Site are owned by RCLB or are used by permission. Nothing herein may be construed as granting any right or license to use any trademark.
You agree to use this Site only for lawful purposes and in accordance with these Terms. You acknowledge that your use of the Site is at our sole discretion, and your license to use the Site may be terminated by us at any time. We reserve the right, in our sole discretion, to refuse service to anyone and to block or prevent your future access to and use of this Site as we deem necessary or appropriate.
Before you can make use of certain services associated with this Site, you must register on the Site. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information and other registration information for your account, is truthful and accurate.
You agree to take responsibility for all activities that occur under your account. You may not share your password or copies of downloaded content with anyone and you agree to take reasonable measures to keep your password secure. You agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Submission of Content and User Activity
Our Site has features that allow users to upload materials to the Site. You are responsible for all information, communications, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) you upload.
You represent and warrant that you own or otherwise control the rights to any Content you upload, transmit, or otherwise make available through the Site; that use of the Content you provide does not violate the intellectual property rights or other proprietary rights of any third parties; that use of the Content you provide will not cause injury to any person or entity; that the Content will not contain any software viruses or other harmful devices; and that you will not use the Site to impersonate any other person or entity. You specifically agree that you will not upload to, distribute, or otherwise publish through the Site any Content that is libelous, defamatory, obscene, pornographic, profane, threatening, harassing, discriminatory, or abusive, or is otherwise harmful or illegal. You may not, without the express approval of RCLB, distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods or services.
While we are not responsible for any content of messages or materials uploaded by Site users, we reserve the right to delete, move, or edit messages that, in our sole discretion, we deem to violate any of your obligations pursuant to these Terms, or to be otherwise unacceptable. However, you shall remain solely responsible for any and all harm caused by the content of your message.
E-mail Messages and Submissions
The e-mail messages that users are able to create using this Site consist of a combination of material that is proprietary to RCLB, and, if the sender chooses, a customized message that is written by the sender. We are not responsible for the content of such messages. You acknowledge that any submissions (e.g., Letter to the Editors, articles) may be edited, removed, modified, published, transmitted, and displayed by RCLB.
Limitation of Liability
This Site, its content, and any associated services are provided by US on an “as is” or “as available” basis. wE make no representations or warranties of any kind, express or implied, as to the operation of this Site, to the information, content, materials, or products included on this Site, or to the functionality, of any services associated therewith. To the fullest extent permissible by applicable law, WE disclaim all implied warranties, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
by using the Site, you acknowledge that your use of the site is at your own risk. WE will not be liable for damages of any kind arising from or otherwise related to your use of the site, including without limitation direct, indirect, incidental, punitive, and consequential damages, even if we have been advised of or should have known of the possibility of such damages.
certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitation may not apply to you, and you may have additional rights.
You agree to indemnify, defend, and hold harmless RCLB, its agents, distributors, and affiliates, and their officers, directors, and employees, from and against any claims, demands, damages, costs, and expenses, including without limitation reasonable attorney’s fees, arising from or related to your use of the Site, your submission of any Content, or your breach of any provision of these Terms.
You agree that if you are dissatisfied with the Site, your sole and exclusive remedy is to discontinue using the Site.
Links to and from the Site
The Site may contain links to sites and resources operated and controlled by parties other than RCLB. Such links are provided for your convenience only and do not imply or constitute RCLB’s endorsement of any third party material or contents. RCLB assumes no responsibility or liability for your activities on such sites. We recommend that you review the terms and policies of those sites carefully, as they may differ from ours.
If you wish to link to our Site, you may link to the home page only. You do not have permission to link directly to any other portion of the Site, or to make any linked material appear to be provided by your site or by any site other than the RCLB Site.
This agreement has been made in and shall be construed and enforced with Ohio law. Any action to enforce this agreement shall be brought in the federal or state courts of Ohio. If you proceed to use this Web site, you will be signifying your agreement to the above rules and restrictions. If you do not agree to be bound by these terms, you do not have permission to use this Web site and must exit at this time.
Copyright Infringement Claims
RCLB respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. We reserve the right to remove access to infringing material posted to its site. Such actions do not affect or modify any other rights we may have under law or contract.
If you believe that any portion of the material contained on this site infringes your copyright, notify us of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this site’s Designated Agent:
Lori Krafte, Esq.
Wood Herron & Evans LLP
2700 Carew Tower
441 Vine Street
Cincinnati, Ohio 45202
To be effective, the Notification must be in writing and contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, RCLB will:
Remove or disable access to the material that is alleged to be infringing;
Forward the written notification to such alleged infringer;
Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
A physical or electronic signature of the alleged infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which RCLB may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, we will:
promptly provide the complaining party with a copy of the Counter Notification;
inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided RCLB’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on RCLB’s network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
8805 Governor’s Hill Dr.
Cincinnati, OH 45249