Terms and Conditions

As a condition to completing this purchase, you agree to the terms and conditions (the “Terms”) set forth below. By completing this purchase, you indicate that you have read and agree to be bound by such terms and conditions.  If you do not wish to agree to the outlined terms and conditions (the “Agreement”), you must not complete your purchase.

 

1.         Definitions.

 

            The “Dispatch” means The Dispatch Media Group, its predecessors, successors, past or present affiliates, subsidiaries, controlled companies or divisions and any present or former officers, directors, employees, agents, representatives and any other person or persons acting or purporting to act on its behalf.  

 

            “Ohio State” means The Ohio State University, its predecessors, successors, past or present affiliates, subsidiaries, controlled companies or divisions and any present or former officers, directors, trustees, employees, agents, representatives and any other person or persons acting or purporting to act on its behalf.

 

            “The Product” means the item that is the subject of this purchase transaction. 

 

            “You” means both the person purchasing this Product and/or the person or entity on whose behalf the Product is being purchased. 

 

2.         Warranties By Purchaser.

 

  1. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.

 

  1. By completing this purchase, you represent and warrant that you are 18 years of age or older, or are otherwise legally authorized to complete this purchase by a person 18 years of age or older.

 

  1. By completing this purchase, you represent and warrant that you are purchasing the Product solely for your own personal use or for another non-commercial use.  You further warrant and covenant that you are not buying the Product for the purpose of commercially re-selling, displaying, or otherwise distributing the Product, and will not engage in any commercial re-sale, display, or distribution thereof.  Any such commercial re-sale, display, or distribution of the Product (in whole or part or integrating or incorporating it in other products) shall be deemed a material breach of this Agreement.

 

  1. By completing this purchase, you acknowledge that the Product contains the intellectual property of the Dispatch and/or Ohio State.  You further represent and warrant that you will not engage in any conduct—including but not limited to making and/or distributing unauthorized copies, reproductions, derivative works, and/or public displays of the Product—that would violate or otherwise infringe such intellectual property rights.

 

3.         Disclaimers.

 

            The Dispatch and Ohio State explicitly disclaim any warranties of merchantability, fitness for a particular purpose, and any warranties arising out of course of dealing or usage of trade.  No advice or information, whether oral or written, obtained from the Dispatch or Ohio State will create any warranty not expressly made herein.  No license is granted to you for the republication, copying, commercial display, or distribution of the Product.

 

4.         Limitation of Liability.

 

            You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your purchase of the Product remains with you. Neither the Dispatch nor Ohio State will be liable for any incidental, special, punitive, exemplary or consequential damages, including lost profits or the cost of substitute products, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with your purchase of the Product or these Terms, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Dispatch and/or Ohio State has been informed of the possibility of such damage. 

 

5.         Controlling Law and Jurisdiction.

 

            These Terms, and any action related to the Product and/or these Terms will be governed by the laws of Ohio without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to the purchase at issue, the subject matter of these Terms, and/or the Product will be the state and federal courts located in Franklin County, Ohio, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.  YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT (STATUTORY, CONSTITUTIONAL, COMMON LAW OR OTHERWISE) YOU MAY HAVE TO A TRIAL BY JURY.  Any party may file an original counterpart or a copy of this Agreement with any court as written evidence of this waiver.  No Party has made or relied upon any oral representations by any other Party regarding the enforceability of this provision.  YOU HAVE READ AND UNDERSTAND THE EFFECT OF THIS JURY WAIVER PROVISION.

 

6.         Entire Agreement.

 

            These Terms constitute the entire and exclusive understanding and agreement regarding your purchase of the Product, and they supersede and replace any and all prior oral or written understandings or agreements with respect thereto.

 

 

7.         Miscellaneous.

 

            You may not assign or transfer these Terms, by operation of law or otherwise, without the Dispatch’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Dispatch may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

            The failure of the Dispatch and/or Ohio State to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Dispatch and Ohio State. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect

 

            You agree to indemnify and hold the Dispatch and Ohio State harmless against any damages or liability of any kind arising from any use of the Product that is inconsistent with the Terms.   You further agree to indemnify the Dispatch and/or Ohio State for all costs and expenses, including reasonable attorneys’ fees, that they incur in enforcing any of these Terms.