Last Updated: April 28, 2017
O'Brien Whitt Publishing, LLC is pleased to provide to you its sites, content, products and services (“OWP Services”). These terms govern your use and our provision of the OWP Services on which these terms are posted, as well as OWP Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the OWP Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE OWP SERVICES.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1. Contract between You and Us
This is a contract between you and O'Brien Whitt Publishing, LLC, a Kentucky limited liability company located in Henderson, Kentucky 42420, USA, or between you and any different service provider identified for a particular OWP Service. You must read and agree to these terms before using the OWP Services. If you do not agree, you may not use the OWP Services. These terms describe the limited basis on which the OWP Services are available and supersede prior agreements or arrangements.
We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on the OWP Services. If you do not agree to any change to these terms, you must discontinue using the OWP Services.
We may immediately terminate this contract with respect to you (including your access to the OWP Services) if you fail to comply with any provision of these terms.
2. The OWP Services
The OWP Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, or professional, advice and cannot be used for such purposes.
The OWP Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the OWP Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the OWP Services may be used or exploited in any way other than as part of the OWP Services offered to you. You may own the physical media on which elements of the OWP Services are delivered to you, but we retain full and complete ownership of the OWP Services. We do not transfer title to any portion of the OWP Services to you.
Content and Software License
If an OWP Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any OWP Service; decompile, reverse engineer, disassemble or otherwise reduce any OWP Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any OWP Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.
Disclaimers and Limitation on Liability
The Kentucky Appellate Survey and all OWP Services are designed to provide information about the subject matter(s) covered and do not constitute legal opinions or advice or otherwise serve as a substitute for advice by licensed legal professionals. Our products are sold with the understanding and disclaimer that OWP is not engaged in the rendering of legal services. OWP does not assume and hereby disclaims any liability to any person for any loss or damage caused by errors, inaccuracies, omissions, or general usage of OWP Services.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Additional Restrictions on Use of the OWP Services
We do not allow uses of the OWP Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any OWP Service or connected network, or interfere with any person or entity’s use or enjoyment of any OWP Service. Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the OWP Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
Photocopying or otherwise reproducing the materials produced by OWP is strictly forbidden unless written consent is first obtained from the publisher. The materials contained herein are for the exclusive use of the purchaser and/or the purchaser’s employees or agents, and are not to be shared or otherwise distributed.
Third-Party Services and Content
When you access the OWP Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain OWP Services may be prohibited or restricted by your network provider and not all OWP Services may work with your network provider or device.
3. Your Content and Account
User Generated Content
The OWP Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the OWP Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a OWP Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some OWP Services may permit you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the OWP Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the OWP Services.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
4. Paid Transactions
Some OWP Services require paid subscriptions to access. From time to time, we may offer a free trial subscription for a OWP Service. Once the trial subscription ends, you will only be charged should you choose to continue with a subscription.
The Order Process
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. The risk of loss in any goods you purchase and the responsibility to insure them passes to you when the relevant goods are delivered.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after we have processed your payment but prior to delivery, we will refund your payment.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
Right of Cancellation; Return of Goods
When you subscribe to a OWP Service, you have the right to cancel your contract within fourteen (14) days after your receipt and acceptance of these terms and you will receive a full refund of the subscription fee paid.
You have the right, within thirty (30) days from the date of your receipt of physical goods, to cancel our contract with you and return the goods. If you are returning goods that are not faulty, you may be required to pay for the cost of returning the goods to us and we may deduct a reasonable amount if you use the goods.
We may revise the pricing for products and services we offer. When you place your order, we estimate the tax and include that estimate in the total for your convenience. Kentucky residents will be charged a 6% sales tax. Tax-exempt organizations will not be charged a sales tax.
5. Additional Provisions
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the OWP Services shall be filed, and that venue properly lies, only in the state or federal courts located in Henderson, Kentucky, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of Kentucky and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.