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 DISCLAIMER WARRANTY

This Site, including all software, functions, materials, and information, is provided “as is” without warranties of any kind, either express or implied.  Company disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational content.  Company does not warrant or make any representations informational content.  Company does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on this Site or any other sites linked to this Site.  The materials of this Site may be out of date, and Company makes no commitment to update the materials at this Site.  Company does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.  Company does not warrant that this Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in this Site, software, materials, products, or services will be corrected.

LIMITATION OF LIABILITY

In no event will Company, its suppliers or other third parties mentioned at or in this Site be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages.  If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING INFORMATION

INFORMATION AND PRESS RELEASES

This Site may contain press releases, webcast information and other information about the Company.  This content is provided for information purposes only.  While the information contained on this Site was believed to be accurate as of the date prepared, it may no longer be accurate or complete today.  We disclaim any duty or obligation to update this information.

NO OFFERS OF SECURITIES

This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.  None of the information contained herein is intended to be, and no such information shall be deemed to be, incorporated into any of our securities law filings.

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations.  Use of the materials by the government constitutes acknowledgment of Company’s or other owner’s proprietary rights in them.

REVISIONS TO THIS AGREEMENT

Company may revise this Agreement at any time without notice by updating this posting.  By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound.

TRANSMISSIONS

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.  You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.

APPLICABLE LAWS & MISCELLANEOUS

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.  The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.  This Agreement may be assigned in whole or in part by Company.  This Agreement may not be assigned in any manner by you without the express, prior written permission of Company.  This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio notwithstanding any conflict of laws provisions.  You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of Cuyahoga, Ohio (the “Ohio Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Ohio Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Ohio Courts represent the exclusive jurisdiction for all disputes relating to this Agreement

 

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