Terms and Conditions
Website Terms of Service Agreement
Thank you for visiting the Flywheel: Social Enterprise Hub (“Flywheel;” “we”, “us” and “our”, as applicable) website, located at https://www.flywheelcincinnati.org/ (the “Site”). Your use of the Site, and the information, materials, text, images and other content hosted on the Site, is subject to the terms and conditions below, which we may revise from time to time without notice (“Terms and Conditions”). By accessing the Site, you acknowledge and agree, without limitation or qualification, be bound by these Terms and Conditions. Please read these Terms and Conditions carefully and refer back to them from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these Terms and Conditions as such amended terms shall be binding upon you. If at any time, if you do not agree to be bound by the Terms and Conditions contained herein, you must cease all use of the Site.
Parental Consent and Site License
2. This Site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this Site without the accompaniment and supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site by children, minors and others under your care, and you agree to be responsible for their use of this Site. Any use of this Site by persons not of the age of majority in the jurisdiction in which they reside and without parental consent can result in immediate termination of your use of this Site and/or any affiliated services.
3. We grant you a limited, nonexclusive and revocable license to make use of the Site, including on any mobile devices you may own. You may view, copy, download or print materials from this Site for your own internal use. In this context, “internal use” does not include posting, uploading or otherwise publishing the materials to any other site absent our express written permission. This license does not include any rights not specifically enumerated herein. You agree to use this Site only for lawful purposes and in accordance with the terms and conditions contained herein.
4. Without altering the scope of the license, and except as expressly provided for in these Terms and Conditions, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of Flywheel and its affiliates, or to make derivative use of the Site or its contents; (b) to make commercial use of the Site or any of its contents; (c) to bypass any technical measures used to prevent or restrict access to any portion of the Site; (d) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; (f) to violate or attempt to violate the security of the Site, (g) to interfere with or attempt to interfere with the proper working of the Site or otherwise engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Flywheel or users of the Site or expose them to liability; (h) to alter or modify, or attempt to modify, any part of the Site; (i) to attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means; or (j) to use reports, content, electronic documentation or other materials available on the Site to feed any downstream product, application or website.
5. You agree not to use the Site for any purpose that is unlawful or prohibited by These Terms and Conditions or to solicit the performance of any illegal activity, to stalk or harass other users of the Site, or to engage in any other activity which infringes the rights of Flywheel or any other third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.
6. You acknowledge that your use of this Site is at our sole discretion, and your license to use the Site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site, and to alter or delete any material submitted to the Site. Following termination of this license, these Terms and Conditions shall still apply to the extent practicable.
Intellectual Property Rights
7. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of Flywheel or its suppliers, licensors, talent, partners or affiliates and is protected by United States and International copyright laws. Any and all content on this Site is either the property of Flywheel or is used by us with the permission of its owner. The compilation of this Site is the exclusive property of Flywheel and is protected by United States and International copyright laws. You agree that you will not take any actions inconsistent with Flywheel’s ownership of the Site and its content.
8. The trademarks, logos, and service marks displayed on this Site are owned by Flywheel and other third parties, and this Site’s trade dress is owned by Flywheel. All trademarks not owned by Flywheel are the property of their respective owners, and, where used by Flywheel, are used with permission. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Flywheel’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without Flywheel’s prior written permission. You agree that you will not take any actions inconsistent with Flywheel’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this Site.
9. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
10. If you voluntarily provide any contact information when using the Site, then we may use that information to communicate with you. If you wish to opt-out from receiving e-communications, please email email@example.com with the details of your opt-out request. Please allow up to 10 business days before the unsubscribe takes effect.
11. In order to make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the payment information supplied by you to Flywheel. By providing such information to Flywheel, you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information to Flywheel for use in receiving your donations from the Site. In order to make donations online using the payment method displayed on the Site (e.g., VISA, MasterCard, etc.), you must be 18 years of age or over. By using the Site’s payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Site, including, without limitation, instructing Flywheel or its authorized vendors to collect any payments from a credit or debit card, and to use the Site in accordance with all terms and conditions of these Terms and Conditions. Billing to your credit card occurs at the time of purchase or donation or shortly thereafter. You agree that you are responsible for all charges incurred by your use of the Site and you expressly authorize Flywheel to charge the card provided by you for any donations submitted online via the Site.
12. We are not responsible for typographical or other errors or omissions regarding products, services prices or other information provided on this Site. All product and/or service sales and promotions are subject to these Terms and Conditions, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Prices, promotions and availability are subject to change without prior notice.
Links to Third Party Sites
13. This Site may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
14. Flywheel provides this Site and the associated goods and services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Flywheel, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
15. THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY FLYWHEEL ON AN “AS IS” AND “AS AVAILABLE” BASIS. FLYWHEEL MAKES 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, FLYWHEEL DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, FLYWHEEL MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FLYWHEEL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT, PHOTOGRAPHY, OR ANY OTHER CONTENTS ON THIS SITE. FLYWHEEL DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, FLYWHEEL IS NOT RESPONSIBLE FOR THOSE COSTS.
16. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. FLYWHEEL DOES NOT WARRANT OR GUARANTEE THAT ITS SERVICES WILL PROVIDE ANY DESIRED RESULT OR THAT ITS SITE, SERVERS OR EMAILS SENT BY OR ON BEHALF OF FLYWHEEL ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, FLYWHEEL DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND FLYWHEEL OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
17. FLYWHEEL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF FLYWHEEL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, FLYWHEEL WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON FLYWHEEL’S COMPUTERS AND/OR SERVERS. FLYWHEEL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF FLYWHEEL’S SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FLYWHEEL, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED A MAXIMUM OF $100.00.
18. 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.
19. You agree to indemnify, defend and hold harmless Flywheel, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this Site and the services provided in connection with the Site, or your breach of any provision of these Terms and Conditions or any warranty provided hereunder.
20. You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, if you do not agree with any part of these Terms and Conditions, or you have any other dispute or claim with or against Flywheel with respect to these Terms and Conditions or the Site, your sole and exclusive remedy is to discontinue using the Site and any services offered in connection with the Site.
21. This Site is created and maintained by Flywheel in the State of Ohio. You agree that the laws of the State of Ohio, without giving effect to any principles of conflicts of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and Flywheel or its affiliates.
22. Regardless of where you access this Site, you agree that any action or proceeding arising out of these Terms and Conditions or your use of the Site and/or services, whether at law or in equity, must be brought in the state or federal courts located in Hamilton County, Cincinnati, Ohio and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.
23. You further agree to file any cause of action with respect to these Terms and Conditions within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
24. These Terms and Conditions represent the entire understanding between the parties regarding your use of the site, and supersedes all other agreements, express or implied, between them. These Terms and Conditions shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Flywheel. If any provision of these Terms and Conditions is determined to be invalid or unenforceable for any reason whatsoever, then that provision shall be fully severable from these Terms and Conditions and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms and Conditions. Flywheel’s failure to act with respect to a breach of These Terms and Conditions by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms and Conditions.
25. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
26. Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms and conditions, please contact us at:
Flywheel: Social Enterprise Hub
1311 Vine Street
Cincinnati, OH 45202
Last Updated : June 7, 2017