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Terms and Conditions

Last Updated July 22, 2011

 

The terms and conditions set forth in this Terms of Use notice (“Terms of Use”) shall govern your visit to and use of the web site provided by OdorNo, LLC, an Ohio limited liability company (“OdorNo”), and all sub-domains of such web site, as well as any and all services related to such web site (such web site, sub-domains and services collectively referred to herein as the “Site”). By using the Site, you agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, please do not use this Site.  OdorNo reserves the right to change the terms and conditions of the Terms of Use. OdorNo will announce any such changes by posting a revised draft of the Terms of Use on the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review the Terms of Use periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which are hereby incorporated herein by reference. By using any service you acknowledge that you have reviewed all rules for the Site and agree to be bound by them.

 

OdorNo also reserves the right, at any time, to change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site (“Users”). You agree that OdorNo is not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your use of the Site will indicate your acceptance of the foregoing.

 

You are solely responsible and liable for (and OdorNo shall not be responsible or liable for) your interactions with other Users. OdorNo is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise (“Communications”), between you and any other User, or any disputes arising therefrom. You agree to release OdorNo, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any other User.

 

You may not post or transmit any material or content on or through the Site:

 

  • that violates or infringes in any way upon the rights of others;

 

  • that solicits, encourages, or promotes the use of illegal substances or activities;

 

  • which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;

 

  • that is protected by copyright, trademark, trade secret or any other proprietary right;

 

  • that expresses or implies that any statements you make are endorsed by OdorNo, without the express prior written consent of OdorNo; or

 

  • that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.

 

You may not post or transmit on or through the Site:

 

  • advertising or commercial solicitations;

 

  • promotional materials relating to other web sites or online services which are competitive with OdorNo and/or the Site;

 

  • software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;

 

  • political campaign materials; chain letters; mass mailings; spam mail;

 

  • any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or

 

  • any material, non-public information about a company without the proper authorization to do so.

 

In connection with your use of the Site, you may not:

 

  • engage in, or encourage or provide instructional materials relating to, any activity on the Site that restricts or inhibits any other User from using or enjoying the Site such as “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site;

 

  • harvest or collect information about Site visitors or Users without their express consent;

 

  • use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;

 

  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

 

  • create a database by systematically downloading and storing Site content;

 

  • frame or mirror any part of the Site without the express prior written consent of OdorNo;

 

  • interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;

 

  • impersonate any person or entity, including any representative of OdorNo;

 

  • falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site;

 

  • modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or

 

  • remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

 

OdorNo may, at any time and at its sole discretion, remove any content which is in violation of these guidelines. OdorNo also reserves the right to permanently block any offender of the foregoing from accessing the Site.

 

Information, including “Personally Identifiable Information” (any information which can be used to identify a specific individual, such as a name, postal address, telephone number, or email address), which is posted on the Site will be accessible to other Users, including people you may not know and whose actions we may not control. Making this information available on the Site may result in a User receiving “spam” or unsolicited e-mail. Users are encouraged to use discretion when communicating with others and/or disclosing Personally Identifiable Information online. In addition, OdorNo has no control over, and shall have no liability for, any damages resulting from, the use or misuse by any third party of information that you voluntarily make public through the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

 

You understand that OdorNo has not in any manner reviewed in advance, accepted, authorized, or endorsed any content by Users and accepts no responsibility, financial or otherwise for any postings and/or statements. Users shall be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from the posting or transmission of any material, comment or statement, and shall defend, indemnify and hold harmless OdorNo therefrom.

 

You hereby grant OdorNo the right and license to edit, copy, publish and distribute, in any manner, for any purpose and in any media now known or hereafter developed, any content made available by you to OdorNo, including but not limited to any content posted by you on the Site, and any email queries submitted by you to the Site.

 

A note to website visitors who are 13 or younger and their parent or guardian:

 

OdorNo will use reasonable efforts to comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). If you are a parent or guardian and would like to access, change or delete any personally identifiable information that we have collected from your child, or if you have any other questions about your child’s use of this website, please contact us at info@odorno.com . Please include your child’s user name and e-mail address, as well as your own name and e-mail address, in any communication to assist us in responding to your inquiry or request.

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT ODORNO, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF ODORNO OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

ODORNO NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE.

 

The Terms of Use shall be construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in Cuyahoga County, Ohio, and waive any jurisdictional, venue or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without the express prior written consent of OdorNo. OdorNo may assign, transfer or sublicense any or all of its rights or obligations under the Terms of Use without restriction. Notices to you may be made via posting to the Site (including by posting such notices or providing links to such notices), by e-mail, or by regular mail, in OdorNo’s sole discretion. Without limitation, you agree that a printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section headings used herein are for convenience only and shall not be given any legal import. As used herein the term “including” means “including,” and the term “include(s)” means “include(s), without limitation.” You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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