- Intellectual Property Rights. Everything on this website, including
without limitation, all text, graphics, software, logos, icons and images, is the valuable
intellectual property of Britton-Gallagher. Britton-Gallagher protects its intellectual
property rights to the full extent of the law. You may not copy, publish, distribute,
create derivative works or otherwise commercially exploit the content of this website
without the permission of Britton-Gallagher
- Governing Law. These Terms and Conditions are governed by the laws of the
State of Ohio as such laws apply to contracts between Ohio residents performed entirely
within the State of Ohio.
- Jurisdiction. This website is controlled and operated by Britton-Gallagher
from the company's headquarters in Cleveland, Ohio. These Terms and Conditions shall be
governed by and construed in accordance with the laws of the State of Ohio as it is
applied to matters entered into and performed in the State of Ohio. Any action related to
matters on this website shall be brought in the appropriate state or federal court sitting
in Cuyahoga County, Ohio, United States of America.
- Severability. If any provision of these Terms and Conditions is deemed
void, unlawful or otherwise unenforceable for any reason, that provision shall be severed
from this agreement and the remaining provisions of this agreement shall remain in force.
- Security Policy. The security of the information you provide to
Britton-Gallagher is important to us. We use several security methods to protect the loss,
misuse and alteration of sensitive information under our control. Britton-Gallagher's
website, however, includes links to other sites and when you choose to visit those sites,
we are not responsible for their privacy policies or how they treat user information.
- Links. This site may contain links to other Internet sites ("Third
Party Sites") that are not maintained by Britton-Gallagher. These links are provided
solely for your convenience, and you can access them at your own risk. britton-gallagher
makes no warranties or representations about the contents of products, services or
information offered in such third party sites. Consequently, Britton-Gallagher is not and
cannot be held responsible for the accuracy, copyright compliance, legality or decency of
material contained in sites linked to this Britton-Gallagher site.
- Termination. Britton-Gallagher may, in its sole discretion, terminate or
suspend your access to all or any part of this site including, but not limited to, any
bulletin boards on this site, for any reason, including without limitation, breach of this
agreement. If this agreement is terminated, the restrictions regarding materials appearing
on this site and the representations and warranties, indemnities and limitations of
liability set forth in this agreement shall survive any such termination.
- General. This site is owned and operated by Britton-Gallagher.
Britton-Gallagher has the right at any time to change or discontinue any aspect or feature
of this site including, without limitation, the content, hours of availability and
equipment needed for access to or use of the site.
- Equipment. You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to or use of this site
and all charges related thereto.
- Monitoring. Britton-Gallagher reserves the right, but not the obligation,
to monitor this site to determine compliance with the terms of this Legal Webpage and any
rules established by Britton-Gallagher to satisfy any law or regulation.
- Business Associates. Any business associates of Britton-Gallagher
identified in this site are independent of Britton-Gallagher. Such business associates are
not joint venture partners or any other kind of partners of Britton-Gallagher. No employee
or representative of any business associate is under the control of Britton-Gallagher.
- Products. The information and descriptions contained on this site are
intended as general information and are not necessarily complete descriptions of all
terms, exclusions and conditions applicable to the products and services offered by
Britton-Gallagher.
- Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT
USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER BRITTON-GALLAGHER, ITS AFFILIATES NOR ANY
OF ITS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS OR
BUSINESS PARTNERS WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY OBTAIN FROM USE OF THIS SITE, OR AS TO THE
ACCURACY OR LIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS
SITE. THIS SITE IS PROVIDED ON AN AS-IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THIS SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE OR
UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BRITTON-GALLAGHER IS
NOT LIABLE FOR THE DEFAMATORY OR OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO
EVENT WILL BRITTON-GALLAGHER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THIS SITE, OR THE CONTENT INCLUDED HEREIN, BE LIABLE IN CONTRACT, IN TORT
(INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF
INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION
SHALL APPLY TO ALL USE OF AND CONTENT ON THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BRITTON-GALLAGHER’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT
TORT INCLUDING ITS OWN NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY INCLUDING STRICT
LIABILITY, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
- Indemnification. You agree to indemnify and hold Britton-Gallagher and its
suppliers, information providers, ISPs, and the officers, directors and employees of
Britton-Gallagher (an "Indemnified Party") harmless against any losses, claims,
damages, liabilities, penalty actions, proceedings or judgments (collectively referred to
as "Losses") to which an Indemnified Party may become subject, related to or
arising out of any infringement or misappropriation or alleged infringement or alleged
misappropriation of any United States copyright, trademark, trade secret or other
proprietary right related to your use of this website or related to or in connection with
this agreement and will reimburse such Indemnified Party for all legal and other expenses,
including reasonable attorneys fees incurred by such Indemnified Party in connection with
investigating, defending or settling any Loss, whether or not in connection with pending
or threatened litigation in which such Indemnified Party is a party. You also agree to
indemnify and hold harmless an Indemnified Party against any Losses to which an
Indemnified Party may become subject in which Losses arise our of or relate to this
agreement or use of this website or your negligent or wrongful conduct and will reimburse
an Indemnified Party for all legal and other expenses including, without limitation,
reasonable attorneys fees incurred by such Indemnified Party in connection with
investigating, defending or settling any Loss, whether or not in connection with pending
or threatened litigation in which such Indemnified Party is a party.
- Notices. Any notices required or permitted hereunder may be given by: (1)
personal delivery in writing or by mail, registered or certified, postage prepaid with
return receipt requested; (2) by facsimile transmission later confirmed by mail; or (3) by
overnight delivery. Notices delivered personally shall be deemed given as of the date of
actual receipt. Notices delivered by facsimile transmission shall be deemed given as of
the date and time of receipt. Notices delivered by overnight mail shall be deemed given as
of the date of delivery. Notices delivered by mail shall be deemed given as of three days
after mailing. Notices shall be addressed as follows:
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