Terms of Use and User Agreement Powers of Ten™

Powers of Ten™ http://brendingvideoemail.blogspot.com/p/terms-of-use-and-user-agreementterms-of.html Terms of Use and User Agreement Terms of Use | User Agreement Terms of Use These Terms of Use constitute a binding contract between You and Brending, LLC | An Ohio Company (Brending). Your access to and continued use of the Brending Web site located at www.Brending.org (including any successor site) (the "Brending Site") constitutes Your acceptance, without limitation, of the terms and conditions of these Terms of Use. If You do not agree to be bound by these terms, You may not access or use the Brending Site. Permitted and Prohibited Uses Permitted Uses. You may access and use such portions of the Brending Site for which neither registration nor a fee is required (but not any other portions of the Brending Site, including, without limitation, any features and services for which registration is required, such as features and services associated with "Brending Basic" (collectively, "Registration-Based Products"), and any fee-based features or services, such as features and services associated with "Brending Premium" (collectively, "Fee-Based Products")) for the following purposes (collectively, "Permitted Uses"): a.to learn about nonprofit organizations for the purposes of evaluating them as recipients of personal charitable donations; or b.if You are an entity or governmental agency: i.investigating nonprofit entities for purposes of providing goods or services to them or for entering into other types of business relationships with them; ii.fulfilling Your business or organizational mission of making charitable donations to nonprofit entities; iii.conducting comparative or other "best practices" research purposes; iv.for Your own internal business use; and v.in the case of governmental agencies, performing regulatory or research functions related to nonprofit entities. You may download and print information from the Brending Site in connection with the Permitted Uses. Brending reserves all rights not expressly licensed. If You desire to access or use any Registration-Based Products, You can do so only by agreeing to the User Agreement with respect thereto. If You desire to access or use any Fee-Based Products, You can do so only by agreeing to the License Agreement with respect thereto. Persons or organizations wishing to obtain access to any Fee-Based Products for more than one subscriber must obtain an Enterprise License Agreement. Prohibited Uses. You may not: 1.use the Brending Site other than as authorized by these Terms of Use; 2.use the Brending Site for the benefit of any third party, other than as part of a Permitted Use; 3.republish or distribute information from the Brending Site (including by posting same on any other Web site); 4.modify information from the Brending Site except in connection with a Permitted Use; 5.disassemble, decode, decompile, or otherwise reverse engineer the Brending Site, including, without limitation, any interfaces or software programs comprising the Brending Site; 6.take any action that would impede or interfere with the operation of the Brending Site or alter the contents of the Brending Site, or alter or interfere with any other content, site or software that Brending owns or controls; 7.directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of the Brending Site, any database thereon and/or any content thereon, or any portion thereof; 8.use any data mining, robots or similar data gathering and extraction methods with respect to the Brending Site or any portion thereof; or 9.use the Brending Site directly or indirectly in competition with Brending in any way whatsoever. Access to the Brending Site Brending reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the Brending Site. Brending further reserves the right to impose registration, password and other security precautions on access to and use of the Brending Site. Privacy Policy You agree to the terms of our Privacy Policy, which is incorporated by reference. Legal Notices and Proprietary Rights You acknowledge and agree to the terms of Brending's Legal Notices, which are incorporated by reference. You agree not to take any action that would infringe, misappropriate, or violate Brending's intellectual property interests. You agree not to upload or otherwise place any information on the Brending Site that would infringe or otherwise violate anyone's intellectual property interests or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation. ACCURACY AND WARRANTY DISCLAIMERS Brending does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the Brending Site (including, without limitation, any database accessible via the Brending Site and its content) or linked from the Brending Site. The descriptive information is derived from IRS Forms 990, Forms 990-EZ, and Forms 990-PF filed by the nonprofit organizations or their voluntary responses to a Brending questionnaire. The financial data are taken from the IRS Business Master File, IRS Forms 990, Forms 990-EZ, Forms 990-PF, or information provided to Brending by organizations that are not required to file returns with the IRS. The news releases are also provided by the organizations. Brending does not edit or control the financial information it receives, although it may (in its sole discretion) note obvious mathematical errors that it believes may exist in the materials as received by it. Due to, among other things, the possibility of human and/or mechanical error, Brending shall not be responsible for any errors or omissions on the Brending Site. Brending makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, any content thereon. Brending shall not be liable for any damages of any kind incurred as a result of the information posted on the Brending Site including, without limitation, any content thereon. Brending MAKES NO WARRANTY THAT THE Brending SITE IS BUG FREE OR ERROR FREE, THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR AGAINST INFRINGEMENT. THE Brending SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." Brending HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY INFORMATION, EFFORTS, SERVICES OR SYSTEM PROVIDED BY Brending WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. Brending MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY'S SOFTWARE AND/OR EQUIPMENT. LIMITATIONS ON LIABILITY; INDEMNITY IN NO EVENT SHALL Brending (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING IN CONNECTION WITH THESE TERMS OF USE, THE Brending SITE, ANY DATABASE OR CONTENT THEREON OR THE USE OR INABILITY TO USE THE Brending SITE, OR ANY DATABASE OR CONTENT THEREON, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED OR REGARDLESS OF WHETHER Brending HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY. You agree to indemnify, defend and hold harmless Brending, its affiliates, and their respective officers, directors, employees, agents, successors, assigns, licensors, partners, joint venturers, customers and any other person or entity involved in the creation, production and/or distribution of the Brending Site, from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys' fees and expenses) incurred in connection with or arising from any breach by You of these Terms of Use or resulting in connection with or arising from Your use of the Brending Site. Endorsement Disclaimer Brending does not endorse, support, sanction, or verify the information or material on or accessible via the Brending Site. Unless otherwise specifically indicated, Brending does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the Brending Site, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person. Disclaimer Regarding Financial and Legal Advice The information on the Brending Site is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions. Disclaimer Regarding Documents Uploaded to the Brending Web Site You are solely responsible for the documents you upload to the Brending Web site. You are advised not to upload Schedule B (List of Contributors) with the Form 990 for a public charity. You are advised to block any signatures, social security numbers, and personal addresses from documents that you upload. Brending reserves the right to refuse any document. In addition, Brending has the right to terminate any document at any time for any reason. Brending and its affiliates make no representations or warranties of any kind, whether express or implied, regarding any of the documents on the Brending Web site. Brending will not be held liable for any damages. Termination; Equitable Remedies Brending may terminate these Terms of Use (including Your rights hereunder) at any time, with or without notice and with or without cause. Terms of these Terms of Use that, by their nature, survive the termination or expiration of these Terms of Use, shall so survive. You acknowledge and agree that any unauthorized use or disclosure by You of the Brending Site or any infringement or violation of Brending's intellectual property rights, shall cause Brending irreparable injury for which Brending could not be fully compensated by money damages. You agree that, in the event of such a violation, Brending would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that Brending would be entitled to recover from You its attorneys' fees and costs incurred in seeking and obtaining such relief. Force Majeure Brending shall have no liability whatever for delays or interruptions in delivery or accessibility of any of the Brending Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond Brending's reasonable control. Dispute Resolution These Terms of Use shall be governed and construed by the laws of the Commonwealth of Virginia, without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using the Brending Site, You are transacting business in the Commonwealth of Virginia and are subject to jurisdiction in its courts. Any legal or equitable action arising from these Terms of Use or in connection with the Brending Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the Commonwealth of Virginia, and You consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys' fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year. Modification of These Terms of Use Brending reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms of Use (as well as its User Agreement, the License Agreements to our Fee-Based Products and the Legal Notices and Privacy Policy referenced in these Terms of Use) at any time by posting such modified versions on the Brending Site. You agree to monitor regularly these Terms of Use as they appear on the Brending Site. Your continued use of the Brending Site after the posting of any modified versions shall constitute agreement to these Terms of Use. These Terms of Use may be modified by Your agreement to any User Agreement and/or a License Agreement or License Agreements to one or more of our Fee-Based Products. These Terms of Use may not otherwise be modified or amended. Notices Except as is stated herein to the contrary, any notices to Brending must be given by postal mail sent to Brending's headquarters as then listed on the Brending Site. Any notices to You will be sent to the e-mail address that You provide to Brending. Severability Should any term of these Terms of Use be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, Brending and You agree that such provision shall be automatically severed and the remainder of these Terms of Use that can be given effect shall continue to be given effect. Entire Agreement Subject to the following sentence, these Terms of Use constitute the entire agreement between Brending and You with respect to the subject matter of these Terms of Use, and supersede all prior agreements, understandings or representations between You and Brending with respect to the subject matter of these Terms of Use. These Terms of Use do not supersede or alter any User Agreement and/or License Agreement to one or more of our Fee-Based Products; and You must comply with the terms of these Terms of Use and each such other agreement to which You have agreed or may agree in the future. In the event of a conflict between these Terms of Use and any such other agreement to which you have agreed or in the future agree, the terms of such other agreement shall control. These Terms of Use may not be modified except in writing and as is permitted herein. -------------------------------------------------------------------------------- User Agreement READ THE TERMS AND CONDITIONS HEREIN CAREFULLY BEFORE CONTINUING OR USING THE Brending SITE (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE Brending SITE. YOUR CLICKING ON THE BUTTON MARKED "I ACCEPT" AND YOUR CONTINUED USE OF THESE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS AND THIS USER AGREEMENT. This User Agreement is a binding contract between You and Cinema City at Market Place Movie Tavern, LLC | An Ohio Company (Brending). Your access to and continued use of the Brending Web site located at www.Brending.org (including any successor site) (the "Brending Site") constitutes your acceptance, without limitation, of the terms and conditions of this User Agreement. If You do not agree to be bound by these terms, You may not access or use the Brending Site. You acknowledge that you have read the terms and conditions herein and that you accept such terms and conditions. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE Brending SITE OR ANY FEE-BASED PRODUCT (AS DEFINED BELOW). If you do not agree to these terms and conditions, you may not use the Brending Site or any Fee-Based Product. Permitted and Prohibited Uses Permitted Uses. Upon Your acceptance of this Agreement by clicking on the button marked "I Accept", You are granted limited, non-exclusive and nontransferable license to access and use the Brending Site (including its database and certain other contents, but excluding portions of the Brending Site relating to fee-based features or services, such as features and services associated with "Brending Premium" (collectively, "Fee-Based Products")) for the following purposes (collectively, "Permitted Uses"): a.to learn about nonprofit organizations for the purposes of evaluating them as recipients of personal charitable donations; or b.if You are an entity or governmental agency: i.investigating nonprofit entities for purposes of providing goods or services to them or for entering into other types of business relationships with them, ii.fulfilling Your business or organizational mission of making charitable donations to nonprofit entities; iii.conducting comparative or other "best practices" research purposes; iv.for Your own internal business use; and v.in the case of governmental agencies, performing regulatory or research functions related to nonprofit entities. Prohibited Uses. You may not: 1.use the Brending Site other than is authorized by this Agreement; 2.use the Brending Site for the benefit of any third party, other than as part of a Permitted Use; 3.republish or distribute information from the Brending Site (including by posting same on any other Web site); 4.modify information from the Brending Site except in connection with a Permitted Use; 5.disassemble, decode, decompile, or otherwise reverse engineer the Brending Site, including, without limitation, any interfaces or software programs comprising the Brending Site; 6.take any action that would impede or interfere with the operation of the Brending Site or alter the contents of the Brending Site, or alter or interfere with any other content, site or software that Brending owns or controls; 7.directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of the Brending Site, Brending Database and/or Brending Content, or any portion thereof; 8.use any data mining, robots or similar data gathering and extraction methods with respect to the Brending Site or any portion thereof; or 9.use the Brending Site directly or indirectly in competition with Brending in any way whatsoever. Access to the Brending Site Except as provided below with respect to library Patrons (as defined below), if You are an individual, You will select a user name and password at the time You complete Your registration on the Brending Site. If You are an entity or governmental agency, You will, upon purchasing any of Brending's Fee-Based Products that permit access by one or more of your authorized users (which (unless Your agreement with Brending with respect to such Fee-Based Product expressly provides otherwise) may be Your employees but not independent contractors or third parties), be permitted to designate those of Your authorized users who will be permitted to access such Fee-Based Product on Your behalf, subject to the maximum number of authorized users to which You are permitted to grant access to such Fee-Based Product, as provided in the subscription or other agreement pursuant to which You purchased such Fee-Based Product. Such authorized users must complete Brending's registration process in order to receive passwords that will permit them to access such Fee-Based Product. (For the avoidance of doubt, if you are an authorized user of an entity or governmental agency (including, without limitation, a library) that has purchased one or more Fee-Based Products, all of the rights, obligations and agreements stated in this User Agreement as applicable to "You" shall apply equally to you as such an authorized user.) Only one individual may access the Brending Site at a time using the same user name and password. You are responsible for maintaining the confidentiality of the user name and password and are fully responsible for all activities that occur under Your user name or password, and, if You are an entity or governmental agency, for all activities that occur under the user names and passwords of Your authorized users to the extent such user names and/or passwords are used or misused in connection with any Fee-Based Product purchased by You. You are responsible for ensuring that no unauthorized person will have access to Your user name, password or account. It is Your sole responsibility to monitor and control access to and use of Your user name, password and account. Your user name, password and account are not transferable. You grant Brending and all other persons and entities involved in the operation of the Brending Site the right to transmit, monitor, store, retrieve and use Your information in connection with the operation of the Brending Site. You agree to (a) immediately notify Brending of any unauthorized use of Your user name, password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Brending cannot and will not be liable for any loss or damage arising from Your (or any authorized users') failure to comply with the provisions of this Section. If Your access to the Brending Site is provided by or through a third party library that has entered into an agreement with Brending to allow its legitimate Patrons to access any Fee-Based Product without requiring such Patrons to sign in individually with user name and passwords, by using the Brending Site (including, without limitation, such Fee-Based Product), You agree to abide by all of the provisions of this User Agreement, except that the provisions above regarding registration and use of a user name and password may be inapplicable to Your use of the Brending Site and such Fee-Based Product to the extent such use is made via access provided by such library. "Patron" means an individual member of the public authorized to access and use a library in accordance with the rules and policies applicable to such library. Brending reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to the Brending Site. Brending further reserves the right to impose additional or other registration, password and other security precautions on access to and use of the Brending Site. Downloading of Information We may, in Our sole discretion, from time to time determine to permit You to download information accessible by You pursuant to one or more Fee-Based Products to which You have subscribed ("Information"). In the event Brending does so determine to permit downloading of any such Information, any such downloading shall be subject to the provisions of this Section. In addition to and not in limitation of any restrictions set forth elsewhere in this User Agreement or in any License Agreement for a Fee-Based Product, You agree that you shall not copy, download, upload or in any other way reproduce any Information except as expressly permitted pursuant to this Section. If Brending determines to permit downloading of Information with respect to a Fee-Based Product, and You are then duly licensed by Us to access such Fee-Based Product, You shall be permitted to download such Information as and to the extent provided below: i.Information accessible pursuant to such Fee-Based Product may be downloaded solely for Your internal use (but not for general internal distribution) and only in accordance with this User Agreement and the License Agreement with respect to such Fee-Based Product. All Information so downloaded shall continue to be subject to all restrictions on use and other provisions applicable to such Fee-Based Product and/or the Brending Site set forth in this User Agreement or such License Agreement. The Information available to be downloaded with respect to any organization shall be as determined from time to time by Us in Our sole discretion. ii.Information available to be downloaded by You may be saved in one or more files on the Brending Site created based upon the results of one or more searches conducted by You by means of such Fee-Based Product and accessible via Your subscription management page with respect to such Fee-Based Product on the Brending Site. iii.You may access and download any such file, in such format or formats as We may make available on the Brending Site from time to time, in Our sole discretion, within the time period during which such file is available to be accessed by You as set forth from time to time on the subscription management page on the Brending Site with respect to Your subscription to such Fee-Based Product. iv.During each monthly or yearly term, as applicable, and each renewal term, of Your subscription to a Fee-Based Product for which downloading of Information is permitted, Your and Your authorized users (if any) acting on Your behalf shall be limited to downloading up to such total number of Records as set forth from time to time on such subscription management page. The term "Record" means a set of Information with respect to a single organization returned by a search using a Fee-Based Product. v.Notwithstanding the foregoing, You acknowledge and agree that We reserve the right at any time and from time to time in Our sole discretion to (a) increase or decrease any limit on the maximum number of Records that may comprise any such file, including, without limitation, the maximum number of Records that may be returned per search or per session, (b) increase or decrease the time period during which You may access any such file, (c) increase or decrease any limit on the number of times You may access any such file, (d) increase or decrease any limit on the number of times You may download any such file, and (e) limit access to such Fee-Based Product to viewing or printing using a third party web browser function. In addition, You acknowledge and agree that You and Your authorized users (if any) shall be bound by any other access and download limitations per search and/or session applicable to such Fee-Based Product, as determined by Us from time to time in Our sole discretion. All download limitations will be enforced at Our sole discretion. vi.Systematic access to or extraction of content from any Fee-Based Product or downloaded file or Information (as determined by Brending in Our sole discretion), including, but not limited to, the use of "bots" or "spiders", is strictly prohibited. Without limiting any other provision of this User Agreement, We reserve the right to monitor Your use of the Brending Site and any Fee-Based Product to ensure compliance with this User Agreement (including, without limitation, the provisions of this Section) and any License Agreement for a Fee-Based Product, and to prevent fraudulent use. Such monitoring of use may include but shall not be limited to determining whether or not the Brending Site or any Fee-Based Product is accessed under Your account from multiple computers, as well as noting downloads beyond the limit of the total number of allowable Records as may be set forth with respect to Your subscription to a Fee-Based Product for which downloading is permitted, or a disproportionate number of users. If such monitoring indicates You (or your authorized users, if any) are not in compliance with this User Agreement (including, without limitation, the provisions of this Section) or the License Agreement with respect to such Fee-Based Product, or if fraudulent activity is suspected, Brending reserves the right to take such action as it deems necessary, including, but not limited to, suspension or termination of your rights under this User Agreement and any and all License Agreements for Fee-Based Products, and any and all of Your account(s). Use of Cookies Brending may use cookie technology to help personalize Your experience on the Brending Site. A cookie is a small file that is sent to Your computer by a site's server. A cookie can be a record of Your visit to a site, including information such as Your user name, registration information, time of last visit, pages viewed, etc. A cookie created by one site's servers can be retrieved only by that site's servers. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but browser settings can usually be modified to decline all cookies, or to notify the user each time a cookie is sent and permit cookies to be accepted or declined on an individual basis. If You (or one of Your authorized users, if any) choose to decline cookies, You (or such authorized user) will need to enter Your (or such authorized user's) user name and password each time You (or such authorized user) desire to sign in to the Brending Site, and use of the Brending Site by You (or such authorized user) may also otherwise be negatively impacted. Communications from Brending You understand and agree that, as part of Your use of the Brending Site, Brending may send to You certain communications from time to time, including (a) product announcements, such as announcements concerning upgrades, modifications and/or enhancements to the Brending Site and any other products or services offered by Brending; (b) service announcements, such as announcements regarding possible interruptions or other conditions that may affect access to and/or use of the Brending Site and/or any other products or services offered by Brending; (c) subscription-related announcements, such as notification of impending subscription expirations and opportunities to upgrade subscriptions; and (d) other administrative updates. You further understand and agree that Your agreement to receive such communications is a condition to Your use of the Brending Site and other products and services offered by Brending, and that You will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new feature that augments or enhances the Brending Site, shall be subject to this Agreement. Registration Information and Privacy Policy As a condition of Your right to use the Brending Site, You agree to provide us with true, accurate and complete information as required by the registration process, including Your legal name, address, telephone number, and e-mail address (collectively, "Registration Data"), to allow us to share Your Registration Data with third parties for the purpose of verifying the information you provide and to otherwise use such Registration Data consistent with our Privacy Policy. You agree to the terms of our Privacy Policy, which is incorporated by reference. Legal Notices and Proprietary Rights You acknowledge and agree to the terms of Brending's Legal Notices, which are incorporated by reference. You agree not to take any action that would infringe, misappropriate, or violate Brending's intellectual property interests. You agree not to upload or otherwise place any information on the Brending Site that would infringe or otherwise violate anyone's intellectual property interests or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation. ACCURACY AND WARRANTY DISCLAIMERS Brending does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the Brending Site (including, without limitation, database accessible via the Site and its content) or linked from the Brending Site. The descriptive information is derived from IRS Forms 990, Forms 990-EZ, and Forms 990-PF filed by the nonprofit organizations or their voluntary responses to a Brending questionnaire. The financial data are taken from the IRS Business Master File, IRS Forms 990, Forms 990-EZ, Forms 990-PF, or information provided to Brending by organizations that are not required to file returns with the IRS. The news releases are also provided by the organizations. Brending does not edit or control the financial information it receives, although it may (in its sole discretion) note obvious mathematical errors that it believes may exist in the materials as received by it. Due to, among other things, the possibility of human and/or mechanical error, Brending shall not be responsible for any errors or omissions on the Brending Site. Brending makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, the Brending Content. Brending shall not be liable for any damages of any kind incurred as a result of the information posted on the Brending Site including, without limitation, the Brending Content. Brending MAKES NO WARRANTY THAT THE Brending SITE IS BUG FREE OR ERROR FREE, THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR AGAINST INFRINGEMENT. THE Brending SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." Brending HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY INFORMATION, EFFORTS, SERVICES OR SYSTEM PROVIDED BY Brending WILL FULFILL ANY OF YOUR PARTICULAR PURPSOSES OR NEEDS. Brending MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY'S SOFTWARE AND/OR EQUIPMENT. LIMITATIONS ON LIABILITY; INDEMNITY IN NO EVENT SHALL Brending (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING IN CONNECTION WITH THIS USER AGREEMENT, THE Brending SITE, ANY DATABASE OR CONTENT THEREON OR THE USE OR INABILITY TO USE THE Brending SITE, OR ANY DATABASE OR CONTENT THEREON, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED OR REGARDLESS OF WHETHER Brending HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY. You agree to indemnify, defend and hold harmless Brending, its affiliates, and their respective officers, directors, employees, agents, successors, assigns, licensors, partners, joint venturers, customers and any other person or entity involved in the creation, production and/or distribution of the Brending Site, from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys' fees and expenses) incurred in connection with or arising from any breach by You of this User Agreement or resulting in connection with or arising from Your use of the Brending Site. Endorsement Disclaimer Brending does not endorse, support, sanction, or verify the information or material on or accessible via the Brending Site. Unless otherwise specifically indicated, Brending does not endorse and has no affiliation with any of the organizations mentioned, listed in, described on or linked to via the Brending Site, and it makes no representations or warranties whatsoever with regard to those organizations or any other organization, entity or person. Disclaimer Regarding Financial and Legal Advice The information on the Brending Site is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions. Termination; Equitable Remedies Brending may terminate this User Agreement at any time, with or without notice and with or without cause. Terms of this User Agreement that, by their nature, survive the termination or expiration of this User Agreement, shall so survive. You acknowledge and agree that any unauthorized use or disclosure by you of the Brending Site or any infringement or violation of Brending's intellectual property rights, shall cause Brending irreparable injury for which Brending could not be fully compensated by money damages. You agree that, in the event of such a violation, Brending would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that Brending would be entitled to recover from you its attorneys' fees and costs incurred in seeking and obtaining such relief. 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This User Agreement may be modified by Your agreement to a License Agreement or License Agreements to one or more or our Fee-Based Products. This User Agreement may not otherwise be modified or amended. Notices Except as is stated herein to the contrary, any notices to Brending must be given by postal mail sent to Brending's headquarters as then listed on the Brending Site. Any notices to You will be sent to the e-mail address that you provide to Brending. Severability Should any term of this User Agreement be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, Brending and you agree that such provision shall be automatically severed and the remainder of this User Agreement that can be given effect shall continue to be given effect. Entire Agreement This User Agreement constitutes the entire agreement between Brending and You with respect to the subject matter of this User Agreement, and it supersedes all prior agreements, understandings or representations between You and Brending with respect to the subject matter of this User Agreement. This User Agreement may not be modified except in writing and as is permitted herein. Brending White Label Solution A guaranteed, risk free, revenue generating marketing program. Brending is a risk free marketing solution that promotes, manages and fulfills discount deals to millions of consumers across the country. Beyond the implementation of Brending's White-Label solution, the Brending platform allows you to leverage an entirely new opted-in subscriber list to augment the reach of any client-direct promotion and sell more for your clients every time they brend with you. It’s like propagating a ‘second-chance’ offer the first time! Through Brending, you have the ability to extend your deals to a new audience while giving your clients the opportunity to attract new customers with a revenue payout on each deal certificate purchased. You can track the sales of your brenders deals using our dashboard feature and watch the revenue climb with each deal sold. This e-commerce solution is email and social marketing enabled to promote your deal to tens of thousands of local or national consumers. The Brending Brigade offers a high-quality, secure, easy-to-use platform on a high performance system that is ready to handle heavy site traffic. Brending provides the ability to solicit hard goods and services from a wide variety of brend categories to generate additional revenue from the sale of these goods and services. Our experienced team is waiting to help and will provide guidance and strategic planning to create a successful experience for you and your clients! We offer a full suite of online tools to assist in populating items, tracking bids and managing sales on your custom auction site. Employing the brending auction platform will allow you to showcase the influence you have on your audience by selling your brenders goods and services for them! After a brender sees that you can actually sell what they offer, how could they say ‘no’ to consider your brending processes? Tweet #brending for Video Email processes. http://www.covideo.com/p.php?s=07f954d41c http://tinyurl.com/Brending-Tweet-JDZ

2 comments:

  1. Pataskala Council at Large
    Total Number of Precincts 8
    Precincts Reporting 8 100.0%
    Total Votes 6118
    Timothy Hickin 1320 21.58%
    Todd W Barstow 1306 21.35%
    Bryan Lenzo 1248 20.40%
    Jack A Treinish 1124 18.37%
    C Bernard Brush 1120 18.31%


    Southwest Licking BOE
    Total Number of Precincts 17
    Precincts Reporting 17 100.0%
    Total Votes 10753
    Roger Zeune 2272 21.13%
    Daniel J Bell 2269 21.10%
    Donald L Huber 2214 20.59%
    Andy Leachman 2078 19.32%
    John Y Vincent 1920 17.86%


    Etna Twp Trustee
    Total
    Number of Precincts 9
    Precincts Reporting 9 100.0%
    Total Votes 4191
    John J Carlisle 1466 34.98%
    Randy Foor 1463 34.91%
    Kathy Johnston 1262 30.11%

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    https://www.facebook.com/pages/Etna-Ohio/110583085627600

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    Replies
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