OFFICE OF THE OHIO SECRETARY OF STATE’S WEBSITE TERMS OF USE

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

Welcome to the Office of the Ohio Secretary of State’s ("Provider") web site. This Web site, including all of its features and content (the "Web Site") is a service made available by the Provider and all content and information provided on and through this Web Site (“Content”) may be used solely under the following terms and conditions ("Terms of Use").

Use of the Web Site. You may access and use the Web Site for both informational and filing purposes for filing electronic applications and forms. You agree that these Terms of Use, as amended from time to time at the discretion of the SOS, shall be an amendment to your Agreement.

You agree to use this Web Site only for lawful purposes. You may only use this Web Site in connection with your lawful relationship with SOS. You agree to take all necessary precautions to maintain the secrecy of and security of any passwords and/or user names or ID's that the SOS provides to you in connection with your use of this Web Site. No passwords and/or user names may be assigned, and if assigned, you assume all responsibility for all subsequent transactions.

You further agree to comply with all procedures, rules and policies established by SOS, and all applicable federal, state, and local laws and regulations, including without limitation, the Communications Decency Act (47 U.S.C. § 223 et. seq.).

In addition, you may not post on or transmit through the Web Site any data, text, music, sound, photographs, graphics, video, messages and other material ("User Content") that (i) is defamatory, unlawful, harassing, abusive, threatening, pornographic, obscene, hate speech, or racially or ethnically offensive; (ii) constitutes a breach of any person's privacy or publicity rights; (iii) violates any statute, regulation or ordinance; or (iv) promotes software or services that deliver unsolicited mail.

You may not upload, post, email or otherwise transmit any User Content on or through the Web Site that (i) contains any viruses, Trojan horses, worms, bots, time bombs or other computer programming routines that may damage or interfere with the operations of the Web Site, (ii) is knowingly untrue, inaccurate or misleading, or (iii) interferes with the operation of the Web Site in any manner.

You further agree that You will not:

(a) Impersonate any person or entity, including, but not limited to, a SOS employee or representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

(b) Forge headers, seals, or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;

(c) Infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site;

(d) Harvest, collect or store information about the Users of this Web Site or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site;

(e) Use any automated procedure to gather information or data on or from the Web Site by means of what is commonly called a "bot" or otherwise;

(f) Interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Web Site (or that of any third party that is hosting or interfacing with any part of the Web Site).

(g) Create any frames at any other Web sites pertaining to or using any of the information provided through the Web Site, or promote bonus items, giveaways, random drawings, contests or prizes on the Web Site.
Web Site Content. SOS and/or its licensors are the copyright owner of everything on this Web Site and no portion of this Web Site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without express written permission. Under no circumstances may you re-distribute or transmit material on this Web Site to third parties. Use or modification of the material on this Web Site for any purpose other than those set forth above is not permitted.

Linking to this Web Site. You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, the terms of use, or other notices on this Site, (b) you give Provider notice of such link by sending an e-mail to legal@secretaryofstate.gov and (c) you discontinue providing links to this Web Site if requested by Provider. If you wish to provide links to a section within this Web Site, you should forward your request to Provider at legal@secretaryofstate.gov and Provider will notify you if permission is granted, and if so the terms and conditions of the permission.

Linked Sites. Although this Web Site may be linked to other sites, SOS is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. You agree that SOS is not responsible for the content of any off-site pages or any other site linked to this Web Site. Your linking to any other off-site pages or other sites is at your own risk. You should refer to the policies posted by such third parties on their web sites regarding data collection, privacy and other topics before you use them.

License of Your Content to Provider. By uploading content to or submitting any materials for use on this Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

Copyright Policy. You acknowledge and agree that any communication or material you transmit to this site or the SOS, in any manner and for any reason, will not be considered a trade secret or otherwise treated as a confidential or proprietary, except as provided in confidentiality agreements you may have with SOS; provided, however, that the foregoing shall not apply to personal (as opposed to technical or business) information that identifies an individual and that is subject to our Privacy Statement, [Provide hyperlink to the Privacy Policy] and incorporated by reference herein. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to SOS may be used by SOS anywhere, anytime, and for any reason whatsoever, except as provided in confidentiality agreements you may have with SOS.

You also acknowledge and agree that any name, logo, trademark, or service mark contained on this Web Site is owned or licensed by SOS, and may not be used by you without prior written approval. SOS will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, information, or images of places or people are either property of SOS or used on this Web Site with permission. Your use of any of these materials is prohibited unless specifically provided for on the Web Site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

If You believe that any content on the Web Site has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please notify us at legal@secretaryofstate.gov.

Errors and Corrections. Provider does not represent or warrant that this Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the information available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.

Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.

DISCLAIMER. THIS WEB SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE.

LIMITATION OF LIABILITY. BY ENTERING THIS WEB SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK, AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEB SITE, OR ITS PROVIDER, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE, OR ANY OTHER LOSS, COSTS, EXPENSES OR ANY KIND, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE CONTENT.

Indemnification. You agree to indemnify, defend and hold harmless Provider, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you or any User Content you post on or through the Web Site. Notwithstanding the fact that SOS or other parties involved in creating, producing, or delivering this site, may monitor or review transmissions, SOS and all parties involved in creating, producing, or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

Third Party Rights. The provisions of the paragraphs entitled Disclaimer, Limitation of Liability, and Indemnification are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web Site and any other Provider Web sites and their features. We reserve the right to limit, suspend or terminate your access to the Web Site and all associated uses of this Web Site, in our sole discretion, with or without prior notice, if we believe that your conduct fails to conform to these Terms of Use.

Governing Law and Jurisdiction. The Terms of Use and your use of this web site are governed by and construed in accordance with the laws of the State of Ohio. You agree that any claim, dispute, or action arising out of or relating to these terms or your use of this web site shall be commenced and heard in the courts of the State of Ohio, Franklin County or federal courts located in Southern District of Ohio and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Privacy. Unless otherwise agreed upon by SOS in writing, you hereby authorize SOS to copy, distribute, adapt, publicly display, publicly perform, transmit, duplicate, sketch, draw, photograph, download, upload, alter, destroy, photocopy, replicate, transmit, deliver, send, mail, communicate or convey to any person any information or content that you provide to SOS through the Web Site, except to the extent such information is personal (as opposed to technical or business) information that identifies an individual. All personally identifiable information collected through the Web Site will be handled in accordance with our Privacy Policy [Provide hyperlink], which is incorporated by reference into these Terms of Use.

Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Web Site and the Privacy Policy constitute the entire agreement with respect to access to and use of this Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Modifications to Terms of Use. Provider reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.

Entire Agreement. These Terms of Use and the SOS Privacy Policy, and any modifications thereto, constitute the entire agreement between the parties with regard to the Web Site and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

Acceptance of Agreement. You shall be bound by any electronic affirmation, assent or agreement transmitted through this Web Site. You represent and warrant that you have the authority to agree to this Terms of Use. You agree that any decision or action to click on an "I agree", "I consent", or other similarly worded "button" or entry field using a mouse, keystroke or other computer device, will indicate your agreement and will be legally binding and enforceable and the legal equivalent of your handwritten Signature.